If a Bike and Car Collide, Who is at Fault for the Accident?

bike-accidentThe greatest fear in most cyclists is having a collision with an automobile especially when the bicycle infrastructure is nonexistent or inadequate. Although the collision between a cyclist and an automobile is the worst hazard a person can face, the fact remains that they are uncommon unless the driver or the cyclist is negligent to observe the traffic rules. Most bicycle accidents are solo accidents that results from hazards on the road or a bicycle defects.

Nevertheless, an automobile and a cyclist will occasionally collide as a result of somebody’s negligence -the cyclist negligence, the automobile negligence or both the cyclist and the driver. If the negligence party is the driver, the person riding a bicycle has legal rights to claim for full compensation of all damages caused. This is still applicable if the cyclist was negligent and caused a collision. Negotiation with an automobile insurance company will mainly involve focusing who was negligent and to what level of negligence. If the insurance company and the cyclist reach into an agreement of determining the question of negligence, the case can be settled. However, if the involving party cannot reach into any agreement, the cyclist will have the right to prove that the driver of the involving car was at a fault in a court of law so as to receive full compensation for the injuries received.

What to do if a bike and car collide

If a bike and car collide, it will be important for the involving party to wait for the traffic police to respond and fill an official accident report. Since a cyclist could internally have been injured, it is important not to negotiate with the at-fault driver. This is because the driver for one reason or another may not provide accurate information about vehicle ownership, insurance coverage or his or her identity.

If the police take the report, ensure the information is accurate. The report taken will include a cyclist statement, witness statement and driver statement. After the report is taken, the accident scene should be thoroughly investigated to gather information on how the bike and car collided and to determine who is at fault. The investigation should include photographing the accident scene, skid mark measurements, diagramming the accident scene and speaking with additional witness. It is required that the cyclist should leave the bike in the same state after the accident so as to determine who was at fault.

Who is at fault?

Although a cyclist may be injured, the blame for the accident can fall on his or her side if the investigation indicates that the bike had no brakes, if the cyclist was in the wrong part of the lane, carelessly crossing of the road, ignoring traffic lights or if the bike had no warning horns or sirens. If all these were in place and the cyclist was moving in the right direction, the cyclist will then be entitled for a compensation for damages caused.