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When Is a Bicyclist at Fault for an Accident?

When Is a Bicyclist at Fault for an Accident?

In most car accident cases involving a cyclist, the fault is almost always placed on the driver of the car rather than the person riding their bicycle. This is because there are not a lot of protections in place for cyclists, so when they are hit, it is assumed that it was the driver’s fault for not paying attention to the cyclist or giving them the space that they needed.

Kentucky, for example, is not the most bike-friendly state. And as such, there are often a lot of collisions involving cyclists. Many drivers in the state of Kentucky do not take kindly to sharing the road with cyclists, and the state itself has little in place to protect cyclists from reckless drivers.

Still, even though cyclists are often the victims, it is possible for them to carry some of the blame or even be entirely at fault for causing an accident. Proving that a cyclist was at fault, however, can be challenging. If you are involved in an accident with someone who was riding a bike, and you believe they were the one to have acted negligently, you will need to work with an experienced Kentucky bicycle accident attorney.

At McCoy & Sparks, we understand how challenging it can be to prove the fault of a bicyclist, but we have handled many cases like this in the past. If you or a loved one are injured in an accident caused by a cyclist, we can help you prove fault and win your case so you can recover damages and get the compensation you deserve.  

Common Ways That a Bicyclist Can Cause an Accident

There are many ways that a bicyclist can act negligently and cause an accident. Though bicycle right-of-way laws can vary from one state to the next, most bicyclists are expected to follow the rules of the road and act with reasonable care, just as is expected of motor vehicle operators. No matter the state you live in, traffic rules apply whether you are riding a bike or driving a vehicle.

Unfortunately, because cyclists are often the victims and are generally not afforded as much protection, they are taught to ride defensively to avoid getting hit. When a cyclist gets hit, they are more likely to sustain life-threatening injuries compared to someone riding in a car. Knowing this, many cyclists will ignore traffic laws and put themselves and their safety first.

While this is understandable, considering the greater risk they face if they are injured in an accident, it doesn’t mean their negligent actions are inexcusable. If a cyclist acts negligently, even if done to protect themselves, they could still be held liable for causing an accident.

Some common negligent behaviors of cyclists and ways they can cause an accident include:

  • Riding outside of designated bike lanes
  • Failing to stop at a stop sign or traffic light
  • Riding against traffic instead of with the flow of traffic
  • Sudden turns and lane changes without signaling to other drivers or cyclists
  • Failing to yield the right-of-way to cars and other cyclists
  • Tailgating
  • Weaving in and out of traffic
  • Riding at night without lights or reflectors
  • Riding while under the influence of drugs or alcohol

How to Determine if a Bicyclist Was at Fault for a Car Accident

According to Kentucky’s bicycle operation regulations, cyclists must operate in the same manner as a vehicle, with a few exceptions. If someone riding a bicycle neglects to follow these regulations, they can be held liable if an accident occurs as a result. When a personal injury claim is filed, insurance companies and the court (if the case goes to trial) will review evidence the same as they would for any other kind of car accident.

Again, however, courts do tend to favor cyclists since they are often the ones who are more vulnerable in these situations. Still, it’s not impossible to hold a cyclist accountable for their negligent actions, but it will potentially take extra work, which will require the assistance of an attorney who fully understands how the law works and how to argue for your rights.

Evidence that will be used to determine fault can include:

  • Police reports
  • Eyewitness statements
  • Video surveillance footage
  • Photos taken from the scene of the accident
  • Accident reconstruction diagrams

If you are involved in an accident with a cyclist, and you believe they are to blame, you will need to gather as much evidence as possible to help support your claim. While police and other experts will collect evidence themselves, it is beneficial for you to do so as well. If your injuries allow, you should take as many pictures at the scene of the accident as you can, including shots of the scene as a whole, close-ups of the damage, your injuries, and anything else that you believe is relevant and can support your case.

You should also talk to witnesses and gather their contact information so they can give an official statement if needed. Be sure to have your injuries addressed as well. Medical evidence such as doctor statements and medical bills can help prove that you were injured in the accident and are thus in need of compensation to cover your expenses and other damages.

Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky

If you or a loved one are injured in an accident involving a negligent cyclist, our team can assist you. Though many cyclists are often viewed as the victim, they can share in the liability or even be entirely at fault. We know what it takes to prove fault in these cases and ensure our clients get the compensation they deserve. 

Recognized as one of Central Kentucky’s best law firms, McCoy & Sparks provides premium service and delivers superior results. Our goal is to help you reach the best possible result. You owe us nothing unless we recover compensation for you.

Make the right call to (844) 4KY-WINS for a risk-free consultation with one of our attorneys today.