People on bicycles occupy a very tricky position on American roads. They have the same legal rights as motor vehicles in most places, but they have much less physical protection when a crash occurs.
If you have been in a bicycle accident and are hurt, consult with an experienced attorney for advice.
What Do The Statistics Say?
Accidents involving bicycles are a major public safety worry. The National Highway Traffic Safety Administration reported that 976 cyclists died in traffic crashes in 2021, and tens of thousands more were injured.
Cyclists in cities face the most danger because of heavy traffic. However, accidents on country roads, where cars go much faster, and there are fewer bike lanes, often lead to more serious and painful injuries for the rider.
Driver Liability Is The Most Common Scenario
Most serious bike accidents involve a motor vehicle. When a driver is careless and hits a cyclist, the driver and their insurance company are usually responsible.
Common examples of driver negligence include failing to yield, passing too closely, or dooring a cyclist. Distracted driving and speeding are also major factors. Most states have minimum passing distance laws, requiring a gap of at least three feet.
Cyclist Fault And State Negligence Systems
Cyclists can also be found at fault. Riding the wrong way against traffic, ignoring stop signs, or not using lights at night can make a cyclist partially responsible for a crash. How this affects your payout depends on your state’s specific negligence rules.
Pure Comparative Negligence
In states like California, you can get paid even if you were partially at fault. Your final payment is simply lowered by your specific percentage of fault.
Modified Comparative Negligence
These states stop you from getting any money if your fault reaches a certain threshold, usually 50% or 51%.
Contributory Negligence
In these states, you get nothing if you are found to be even 1% at fault for the accident. This is the strictest system in the country.
What Is The Dooring Problem?
Dooring happens when someone opens a car door right into the path of a cyclist. Most states require people inside a car to check for traffic before opening a door. If a cyclist is hit because someone did not look, that person is usually found at fault.
Many big cities have even passed special local laws to make this duty even stronger to protect riders. This analysis is often much simpler than other types of accidents because the duty to look is very clear in the law.
What Happens In A Road Condition Liability?
Not every bike crash involves a car. Sometimes, bad road conditions like deep potholes, loose debris, or missing signs cause a rider to fall. In these cases, the government group in charge of the road might be responsible.
However, these claims have a very short time to file a notice, usually between 30 and 90 days. There are also special rules called “sovereign immunity” that can protect the government. If you miss a deadline, you may lose your right to sue the city forever.
Product Liability in Bicycle Accidents
If a part of the bike itself breaks, the manufacturer or store might be liable. This is called product liability. You must prove the part was built or designed poorly.
It is very important to keep the bicycle exactly as it is after the crash. Do not fix it or return it to the shop, as it is your most important piece of evidence to show what went wrong.
Liability in bike crashes follows negligence rules, but the details change based on who was involved. Driver error is the most common cause, but road issues and part failures also occur. If you are hurt, talk to a lawyer before talking to insurance.
