Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
After you are involved in an accident with a cyclist, you'll want to immediately contact emergency services to make sure that the cyclist receives the necessary medical attention. Because cyclists have very little protection, an accident that would be minor when involving two vehicles can be catastrophic when involving a cyclist. However, after the accident, you should not assume that you are at fault because there are some cases where the cyclist may have caused the accident.
Why Cyclists Can Be Liable
When cyclists are using a road, they must follow the same rules of the road as everyone else. The cyclist will need to obey traffic signals and signs. They also need to ride close to the right-hand side of the road.
If the cyclist is driving in a reckless manner such as when the cyclist is darting in and out of traffic or when the cyclist is on the wrong side of the road, this is considered an act of negligence and you would not be responsible for the accident.
Rules for Cyclists
Depending on state law, there might be specific rules the cyclists must follow. The cyclist might need to use a fixed seat. The bike must have a brake that can stop the bike within 25 feet of an object. The cyclist must have one hand on the handlebars at all times. If a witness testifies that the cyclist was not doing this, you may be able to use this to avoid litigation.
Comparative Negligence
In some cases, you may be considered partially at fault for the accident. For example, the cyclist might have been breaking a rule but you may be accused of speeding and the cyclist might have been clearly visible. The cyclist might argue that you were distracted. For this reason, you'll want to involve a car accident attorney in your case.
With comparative negligence, you will have to pay a smaller settlement if the cyclist is partially at fault. For example, if you are required to settle for $50,000, you would have to pay $45,000 if the cyclist is considered to be 10% at fault for the accident.
What Happens When You Are Found Liable
If found liable, your insurance provider will most likely settle with the cyclist. However, there are some circumstances where you may be sued directly. If this is the case, you'll need help from a car accident attorney.
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