When a bicycle is hit by a car, it is far from straightforward. It is impossible, without evidence, to say whether one person was to blame, or if another was. The only way for us to be confident about who it was that was responsible for the accident is by examining evidence and carefully taking witness statements. Only when all of that has been said or done can we answer who is at fault if a car hits a bicycle. If you do not have evidence, it is hard to say.
In this article, we will tell you how you can compile evidence, and all of the mitigating factors that must be taken into consideration when a car hits a bicycle. By knowing how to collect evidence, you will be able to fight for yourself, or for a loved one, and ensure that they receive justice.
Here is how to decide who is at fault if a car hits a bicycle.
First Things First, Have You Sought Legal Advice?
If you are the person who has been hit, has hit, or it is your loved one, then it is important that you seek out legal advice as quickly as possible. You must understand, we are not trained attorneys, and thus, cannot provide concrete answers to pressing legal matters. The legality around car accidents varies from state to state, and California might not be the same as Texas. So whether you need personal injury lawyers Sacramento, Houston, or Dallas, be sure to contact them. With an attorney on your side, you are in a far better position.
It is always important that you do seek legal advice. If you do not seek legal advice, you may find yourself in a lot of trouble with the police and without legal representation, which is not what you want. Legal advice is always a good recommendation when you are involved in any potentially damaging legal situation, such as one where you may or may not be at fault for a car accident.
Let’s move onto how to determine who is at fault.
Hey, Get Out Of My Lane!
If the cyclist was riding in the road and you hit him, that may not necessarily be a closed and shut case. In fact, in many countries, it is perfectly legal for cyclists to ride on the road, and you could be the person who was at fault if you hit them. With that said, there are rules cyclists have to adhere to in the road and they cannot just ride in the center of the road at a snail’s pace. If the cyclist were riding recklessly in the road, he could have been at fault.
One of the most common reasons that cyclists are hit by drivers is because they do not look where they are going when they are turning onto a main road, and drivers do not pay attention to them turning out. If you hit the cyclist when they were turning out, you must first establish who’s fault it is. It may seem very straightforward, but if a cyclist jutted out onto the road when you were driving, then it could actually be their fault, and not yours.
To determine who was at fault in this situation, you may have to call upon witnesses, or try as hard as you can to find evidence, whether it be cameras, testimonials, or circumstantial evidence. You may, even, get the cyclist or driver to claim responsibility by their own admission if you probe them. Turning out onto a road is often the most dangerous time for a cyclist and it is when they are most likely to have an accident.
Back It Up!
Another time when a driver may be at fault is when they are reversing. If they reverse and hit a cyclist, it is their fault and not the cyclists. Drivers should use their mirrors and look to see if there are any oncoming cars, pedestrians, or cyclists before they reverse. If they blindly reverse without looking then they could find themselves in a lot of trouble and could potentially wind up being labelled as the guilty party. Many people have been killed and seriously injured by cars not checking their mirrors on their way out.
If you are a driver, digressing slightly, we do recommend and insist that you always carefully check your mirrors and your blind spot before you reverse. If you do just reverse without paying attention to anybody around you, you can find yourself in considerable trouble and may wind up being arrested, having your license seized, or worse, imprisoned. It is always important that you do look around because anybody could be coming. How could you live with yourself if you, say, hurt a child? Always look around, pay attention, and check for oncoming pedestrians or cyclists.
In this article, we hope to have helped you to establish who could be at fault in a car accident, though it really is hard to say. Nonetheless, we hope you have enjoyed this article and that you will come back and join us again soon!