Sharing The Road Doesn’t Mean Sharing The Blame
According to a report from the Centers for Disease Control and Prevention (CDC), nearly 1,000 bicyclists die, and over 130,000 suffer injuries in crashes each year, with the majority of these injuries and deaths occurring in bicycle vs car accidents. A 2019 National Highway Traffic Safety Administration (NHTSA) report states that 846 cyclists died that year due to accidents with motor vehicles. Of those fatalities, 20 occurred on Colorado roads.
Understandably, when a speeding metal machine weighing thousands of pounds collides with a cyclist, the person on the bike will likely be the one who bears the brunt of the consequences. But just because the cyclist usually suffers the most injury does not mean that the car’s driver was automatically to blame for the accident. Determining fault in a bicycle vs car accident involves many factors, including the behavior of both the driver and the cyclist, traffic laws, road conditions, and other circumstances.
If you were injured or are suffering the loss of a loved one due to a bicycle vs car accident, the best way to understand who was at fault is to meet with an experienced Colorado Springs bicycle accident injury attorney who can evaluate all the facts and factors involved in the incident. If those facts support the conclusion that the other driver or cyclist bears responsibility for the crash, your lawyer can pursue compensation against them for your injuries and losses.
Traffic Laws and Rules of The Road
Motorists and cyclists are responsible for sharing the road and following the laws and rules that apply to them. For example, according to Colorado law, drivers who do not keep at least three feet between themselves and any cyclists could be recipients of a class A traffic violation. If a crash occurs because a driver fails to provide the cyclist with the legally-required room, the driver may bear at least a portion of the fault for the accident.
Violations of other common traffic laws also contribute to accidents, such as running red lights, failing to yield, and illegal turns. The party that wasn’t following the law is likely to be at fault to some degree for the accident.
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The Parties’ Behaviors and Actions
The behavior and actions of both the cyclist and the driver play a significant role in determining fault in a bicycle vs car accident. A cyclist who rides recklessly can be just as responsible for a crash as a reckless vehicle driver. But there are many more ways that vehicle drivers can cause crashes with cyclists, including:
- When making left or right turns, the driver does not yield, giving right of way to the bicyclist.
- A driver (or their passenger) opens their door when parked, without looking behind them or in the rearview mirror for the presence of any cyclists, resulting in a bicyclist who does not have time to take evasive action then crashing into the door at a high rate of speed.
- Drifting into a designated bike lane.
- The lack of a shoulder or designated bike lane forces cyclists to ride in traffic while a nearby driver fails to accommodate the cyclist.
- Intersection-related accidents, including failure to stop at a stop sign or red light.
- Sideswipes.
- Road rage.
Of course, many of the same factors involved in car accidents often cause bike crashes, such as speeding, distracted driving, or impaired driving. The CDC reports that 37% of fatal bike accidents involve alcohol consumption by either the motor vehicle driver or cyclist.
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Road Conditions
The condition and infrastructure of the road can also impact the allocation of fault in a bicycle vs car accident. Poorly maintained roads, inadequate signage, or hazardous road conditions can contribute to accidents. For instance, if a pothole or debris causes a bicyclist to lose control, the responsibility may lie with the entity responsible for road maintenance. Conversely, if the driver failed to adapt their speed to road conditions, their negligence might be a contributing factor.
Other Contributing Factors in Bicycle vs Car Accidents
There are instances where factors outside the control of either party may contribute to an accident. Inclement weather, sudden mechanical failures, or the actions of a third party can influence the determination of fault. For example, if the cyclist swerved to avoid a pedestrian who stepped into the road unexpectedly, the fault may lie with the pedestrian rather than the driver.
Whether the Driver or the Cyclist, You Have the Right to Compensation for Injuries
Many factors go into the whys and hows of any accident resulting in injury. But one factor that does not change is your right to compensation for your injuries. Whatever your role in the accident, as the cyclist or the driver, you deserve the chance to recover damages from your ordeal. At King and Beaty, we have the experience, knowledge, and compassion to help you get back on the road.
Arrange for your free consultation and case evaluation with a Colorado Springs personal injury accident attorney today.
