by Zayed Al-Sayyed

Bicycle Accident Law, Personal InjuryMay 8, 20240 comments

Who is Usually At Fault If a Bicycle is Involved in an Accident?

Were you recently in an accident that involved a bicycle? Despite what you might believe, the operator of the vehicle isn’t always at fault. In fact, Arizona bicycle laws outline specific rules that bicyclists must follow to prevent accidents. If any of these regulations are broken, you could be found at fault.

In this article, we’ll cover who is usually at fault if a bicycle is involved in an accident. However, the outcome of your situation heavily depends on the facts of your case, making it important to receive specialized advice. Contact one of our personal injury lawyers to learn more.

Who is Usually At Fault If a Bicycle is Involved in an Accident?

Determining who is at fault for an accident involving a motor vehicle and a bicycle depends on the facts of the accident. For example, if a driver swerved into a bicyclist, they would be found at fault, but if a bicyclist illegally switched lanes, the at fault shifts. Here are instances where a driver might be found at fault:

• The driver is distracted and does not see you.
• The driver is speeding and cannot stop in time.
• The driver is under the influence.
• The driver fails to yield or ignores traffic signs.
• The driver fails to maintain a safe distance.

Bicyclists can also be found at fault for an accident if any of the following occurs:

• The bicyclist ignores traffic signals.
• The bicyclist isn’t using the designated lane.
• The bicyclist is under the influence.

Factoring In Negligence

In many cases, negligence will be factored into who’s responsible. Arizona follows comparative negligence rules to figure out who is at fault in a bicycle accident. This means that both the driver of the motor vehicle and the bicyclist can be partially at fault and seek damages.

When comparative negligence is applied, the judge will allocate damages to each party in proportion to their at fault percentage. Even if you are found to be 90% negligent, you can still seek damages from the other party. Monetary damages can compensate you for factors outside of physical injury.

Evidence will be gathered to support the comparative negligence percentages assigned to each party, including a police report, property damage receipts, medical records, witness testimonies, and traffic camera footage.

Recovering Damages After a Bicycle Accident

Being involved in an accident with a cyclist or motor vehicle can be very traumatizing, which is why you can recover damages for more than just physical injury. Here are some of the damages you can pursue:

• Pain and suffering
• Loss of companionship
• Loss of quality of life
• Loss of wages
• Damaged property
• Inconvenience
• Permanent disability
• Bodily injuries, like amputation and scarring
• Loss of bodily functions

Have you experienced any of the above symptoms? If so, it’s important that you contact a qualified attorney who can help you solidify your case and secure damages, regardless of whether you’re 80% liable or 10% liable. Reach out to a team member today to learn more.