Thousands of bike vs. car accidents occur in Texas every year. Often, these crashes cause serious injuries when vehicles are involved. If you got into a crash with a car while on your bicycle, you should speak with an attorney right away.
Most people assume the car would be at fault these situations. It is the bigger, faster vehicle. But cyclists can break the law and be negligent too. The motorist in a bike vs. car accident is not always at fault. Whether you were in the vehicle or on a bike at the time, if you believe the other party was responsible for the collision, reach out to a Texas bicycle accident lawyer from The Law Giant, Personal Injury & Accident Lawyers.
To schedule a free, initial consultation with The Law Giant, contact us today at (866) 523-4167.
Who is Responsible for a Bicycle and Car Collision?
When there is a crash between a bicycle and a vehicle, either party could be at fault. There is no presumption one way or the other. The person responsible for a collision is the one whose negligent conduct led to the accident. Negligence means someone failed to act as an ordinary and reasonable person would under the same or similar circumstances.
In regard to traffic accidents, this is often the party who violated a rule of the road, such as running a stop sign, speeding, or failing to signal a turn.
Common Reasons Why Motorists Cause Bike vs. Car Accidents
Many cyclists are injured due to negligent drivers. This is often because motorists fail to keep an eye out for smaller vehicles such as motorcycles and bicycles. A driver may make a left turn when the cyclist has the right of way and is crossing through an intersection. Or, a car might make a right turn, not realizing a cyclist in the bike lane is headed straight through the intersection.
Another reason a driver may fail to see a cyclist and avoid a crash is distracted driving. Motorists who are in their phones, eating or drinking, paying attention to something outside the car, or reaching for something inside the car are more likely to cause a collision.
Other common causes of bike and car crashes when the motorist is at fault include speeding, impaired driving, failing to yield the right of way, running a stop sign or red light, and drowsy driving.
Ways in Which Cyclists May Cause Collisions
Though many bike vs. car crashes are a motorist’s fault, not all are caused by drivers. There are many ways in which a cyclist can be negligent while on the road. People on bikes can also run stop signs and red lights, putting themselves in the way of traffic. Cyclists can fail to yield the right of way, and a driver who assumes they can go may strike the cyclist.
Cyclists can also fail to give the proper hand signal for a turn. A driver may think a cyclist will continue straight and will not be prepared for them to turn left or right into the car’s path.
Cyclists can cause or contribute to an accident when they fail to outfit their bike with the required lights and reflectors while riding at night. Drivers may be unable to see a bike on the road that does not have these items.
Who Pays for the Victim’s Injuries?
In a crash between a bike vs. a car, the cyclist is likely the one coming away with serious injuries. Because of this, the cyclist will attempt to hold the driver liable through an insurance claim and possibly a personal injury lawsuit. However, a driver who believes the cyclist was at fault can fight back.
If the driver can show the cyclist was 51% or more at fault, then the cyclist cannot recover any compensation for their injuries.
However, if the cyclist was 50% or less responsible for the crash, they may still recover compensation. The cyclist’s damages will be decreased by their percentage of responsibility though.
Do You Have Questions About a Bike vs. Car Accident? Contact The Law Giant
If you were injured in a bike vs. car crash, or a loved one passed away from a fatal collision, call The Law Giant, Personal Injury & Accident Lawyers right away. We will thoroughly investigate the accident to identify the underlying cause and liable party. If the other party was at fault, we can represent you in pursuing personal injury or wrongful death compensation. Call us today at (866) 523-4167, or reach out online to schedule your free consultation.
"*" indicates required fields
