Bicycle accidents may be fairly common, but personal injury claims for bike accidents are not. Unless a motorist or another rider is involved, there is generally no one to hold liable. If you are hit by a car while riding your bicycle though, there are specific steps you need to take if you intend to file a personal injury claim against the driver of the car.
A bicyclist can be seriously injured even by a minor collision with an automobile, and since they are unlikely to have any insurance coverage that applies to ride their bike they may not receive due compensation for their injuries. You can file a petition or complaint in court for personal injury, but doing so can be trickier than most personal injury claims.
As with car accidents, the injured party will have to prove that the driver involved is responsible for causing the crash through action or inaction. This can be a complex process for adults, but if a child is struck by a car while riding their bike the court tends to rule against the driver since the “duty of care” obligations to drive safely in areas designated for children on bicycles are significantly higher. So how is fault determined in cases not involving children?
Determining Fault In A Car And Bicycle Accidents
Liability for the accident is ascribed to the individual who displayed negligence in the operation of their vehicle. Most cases in bike-car collisions result in a shared fault ruling where parties are required to arbitrate damages from the perceived level of liability. As a bicyclist, you must prove the accident occurred due to driver negligence using the following argument.
The driver has a lawful duty of care to bicyclists to ensure their safety, obligating them to behave in a way that prioritizes the safety of other people on or near them as they operate their vehicle.
The driver involved in the accident did not uphold their duty of care, instead of acting in a way that endangered others or placed them into potentially harmful and dangerous positions.
- This breach of duty of care directly caused the accident to occur.
Injuries sustained by the bicyclist in the accident are tangible proof that duty of care was violated by the driver.
Provided you can make this argument and support it with evidence from the accident, you have a good chance of the driver being held liable as opposed to sharing liability. Trying to do this on your own in court can be especially challenging, and it is best to consult with a personal injury attorney or engage their services before filing a personal injury claim against the driver.
Have you been injured in a car accident while riding on your bike? Call the Law Office of Remond Atie today, and let our team help you build the best case for your personal injury claim. We have the expertise you need to navigate the complex determination of liability and get you the maximum settlement you deserve. Don’t wait, call today or visit our website to set up a consultation for more information.