Bicycle accidents can raise questions about who was responsible and which insurance is used to pay for the resulting injuries and losses. Fault may fall on a driver, cyclist, pedestrian, or another party, depending on what happened and whether traffic laws were followed.
Understanding how liability is determined can help injured cyclists and others involved in a crash assess their legal options. Our legal team at Lawrence & Associates can help review the facts of a bicycle accident and explain how Arizona law may apply.
How Is Fault Determined in a Bicycle Accident?
Determining who was at fault in a bicycle accident involves assessing who was negligent. Legally, someone is negligent when they failed to act with the care a reasonable person would use in the same situation. Drivers, cyclists, and pedestrians all have a duty to follow traffic laws and take reasonable precautions around others on the road.
After a collision, investigators, insurance companies, and attorneys may look at what each person did before the crash, including the cyclist’s own actions. Evidence like witness statements, photographs, and video footage establishes what happened to cause the crash. Determining who was liable for the accident will greatly depend on the available evidence.
Understanding the Impact State Laws Have on Fault
Your state laws will also dictate how fault is assessed and how it relates to compensation. For example, Kentucky uses a no-fault auto insurance system, meaning your own auto insurance pays for certain injury-related benefits after a crash, regardless of who caused it. However, states like Ohio follow a traditional at-fault system, where the person responsible for causing the crash can be held liable for the other party’s losses.
Common Bicycle Accident Scenarios and Who Could Be Held Liable
- Drivers turning into cyclists: When a driver turns across a cyclist’s path in a bike lane or at an intersection, they are likely at fault for the crash.
- Dooring accidents: When someone opens a car door into a cyclist’s path, the person who opened the door is liable if they failed to check for approaching cyclists.
- Failing to yield at intersections: Drivers who fail to yield to a cyclist with the right of way can be held responsible for the accident.
- Distracted or impaired driving: Texting, using a phone, or driving under the influence can lead to a bicycle crash.
- Unsafe road conditions: Potholes, damaged pavement, poor lighting, and other hazards can cause bicycle crashes. Those responsible for maintaining safe conditions could be held responsible.
What Evidence Helps Prove Liability?
There are several types of evidence that can help establish fault and prove liability. Attorneys and insurers will use:
- Police reports
- Photographs
- Witness statements
- Traffic camera footage
- Medical records
- Vehicle or bicycle damage
As a result, it is important to preserve photos, video, medical records, and other forms of evidence as soon as possible after the accident, before it is lost or changed.
Can More Than One Person Be at Fault?
Liability does not always fall on one person. Depending on the circumstances, multiple parties may be responsible for an accident. Comparative fault allows responsibility to be divided based on each party’s share of the blame. In some cases, the cyclist’s actions might have contributed to the accident too. If an injured cyclist is found to be partly at fault, it could reduce the amount of compensation they receive.
What Should You Do if Fault Is Disputed?
If insurance companies attempt to dispute fault and place unfair blame on you, the following steps can help protect your claim to compensation:
- Document the accident: Take photos and videos of the scene, your bicycle, the vehicles involved, road conditions, and your injuries.
- Witness information and accident records: Get contact information from witnesses and keep copies of police and medical records.
- Stick to the facts: When speaking with an insurer, describe what happened without discussing fault or making statements that could be interpreted as admitting blame.
- Keep your records: Save medical bills, repair estimates, insurance correspondence, and other documents related to your accident.
- Talk to an attorney: If fault is disputed or the insurer refuses to offer fair compensation, a bicycle accident attorney can review the evidence and offer thoughtful advice about your options.
Talk to a Bicycle Accident Lawyer, Especially if Liability Is Unclear
When fault is disputed, a bicycle accident lawyer can provide legal guidance and advice. They will collect evidence and investigate what happened by gathering police reports, witness statements, medical records, and more. An attorney may also consult with accident reconstruction or medical experts when needed and deal with the insurance company on your behalf. An attorney will help you protect your right to recover compensation.
Get Help Determining Fault After a Bicycle Accident
If you were injured in a bicycle accident and the other party disputes fault, Lawrence & Associates can review your case and discuss your legal options. We have secured favorable case results on behalf of hundreds of clients throughout the Midwest. Contact our compassionate and experienced legal team today to schedule a free consultation. You can also reach us by calling our offices. In Ohio, call (513) 951-6723. In Kentucky, call (859) 251-3045.
