There are several laws designed to protect cyclists. However, this doesn’t absolve cyclists from responsibility in traffic accidents. After all, not all accidents involving cyclists are the motorist’s fault.
When Cyclists can be Held Liable
Cyclists, like motorists, are required to obey traffic laws such as stopping at red lights, giving way to motorists with the right of way and signaling when making a turn.
Just as with motorists, cyclists can be held liable for a traffic accident if the accident occurred as a result of their negligence. The negligent cyclist or his insurer may have to pay for damages and injuries resulting from the accident.
The Problem with Cyclists
Establishing liability in a traffic accident involving motor vehicles only is often (although not always) straight-forward. However, proving liability when it comes to a traffic accident involving a cyclist can be more complex. This makes it harder to get compensation from the party at fault.
If you are involved in an accident with a cyclist, follow the steps below to improve your chances of getting compensation for damages and injuries resulting from the accident.
- Obtain a police report: If damage or injuries resulting from the accident are extensive, it’s important to obtain a police report. If the report indicates that the cyclist was at fault, it can be used as evidence in case legal action is required. Even if you don’t have to file a lawsuit, you can present the report to the cyclist’s insurer to support your claim.
- Obtain witness accounts: Are there witnesses at the scene of the accident? If you are able to do so, be sure to record witness accounts of the accident. Also, ask for their contact information for future reference.
- Take photos of the accident scene: These photos may be crucial evidence in reconstructing the accident to determine liability as well as the extent of injuries and damage resulting from the accident.
- Contact your insurance provider: Get in touch with your insurance provider and inform the adjuster of what has occurred. You may need your insurance company to compensate you for damages and injuries if the cyclist has no insurance.
- Get the cyclist’s information: Take down the cyclist’s contact information. Check whether or not he has insurance. There are policies that cover cyclists.
- Contact an attorney: If you intend to seek compensation for damages and injuries resulting from the accident, it’s important to seek legal counsel. An experienced lawyer will guide you and increase your chances of obtaining compensation.
If you’ve been involved in an accident caused by a negligent cyclist, it is possible to hold the cyclist liable for the accident and seek compensation. Attorney Laurie Robbins may be able to represent you to ensure you recover the compensation you deserve.