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Determining Who Is At Fault When Cyclist Is Hit By Motor Vehicle January 12, 2018

No one would deny the fact that in a contest in which the various means of transportation got judged for their size and power, a motored vehicle would beat out a bicycle. For that reason, a vehicle’s driver usually looks like the at-fault party, if a cyclist gets hit by a set of four wheels. Still, what seems to be the case could differ from what a study of the facts would prove?

Times when the cyclist might be at fault

Like the driver of a motor vehicle, the rider of a bicycle must follow the rules of the road. If that rider fails to obey those rules, the rider’s actions could surprise a driver. Then the driver’s actions might trigger development of a minor emergency. As a result of that emergency situation, the rider and bicycle might hit the automobile with the confused driver.

Those vehicles that are supposed to roll along according to the rules of the road should never go up onto the sidewalk. That rule applies to both automobiles and bicycles. A driver might be surprised by a bike that has suddenly left the sidewalk and rolled onto the roadway. The surprised driver might even get too close to the rather unthinking cyclist.

Cyclists are supposed to adhere to other rules as well. Each of them should stay a safe distance from any motored vehicle. Each of them should wear a helmet. Any of those cyclists that fail to obey the law, as it relates to the riding of bicycles, risk becoming the at fault party, should one of them collide with a larger and more powerful means of transportation. That is the right time to call on a personal injury lawyer in St. Albert.

Times when the driver might be held responsible

Any motorist that chose to take risks and to ignore recognized precautions could be held liable for any injury, after colliding with a bicycle. In fact, a driver does not even have to be behind the wheel, in order to be charged with negligence. The mere act of opening a car’s door in a hasty and careless fashion could be viewed as careless and neglectful behavior.

Situations in which both cyclist and driver remain free of any fault

Frequently, when you are on a bike that has been hit by an automobile, you fall off the bicycle and onto the roadway. In such situations, the condition of the roadway works to determine the extent of injuries you suffer. In other words, poor maintenance of any one road could increase the number of injuries suffered by you or any bike rider that might get hit.

Obviously, neither motorists nor cyclists have been held responsible for the maintenance of streets, roads and highways. So, there are times when the roadway agency under the government might be saddled with the appropriate liability, following an impact between a bike rider and a car driver.