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Bicycle Car Accident Liability: Knowing Cyclists' Rights...
A bicycle car accident often happens because automobile drivers don’t
understand that cyclists
have the same right to the road as they do.
Drivers often consider the bicycle a nuisance, or even a hazard. But,
as bicycle accident attorneys would say, tough for them.
Not only do cyclists have the right to
be on the road, in many
places cyclists are obligated by law to be on
the road as opposed to the sidewalk.
Riding a bike on a
sidewalk is incredibly dangerous for pedestrians. Most places ban
cyclists from doing so and force them to ride on the street.
This
means that drivers in cars must pay extra attention to avoid road
accidents with cyclists. They have to accept that the cyclist is going
slower, doesn't have break lights and may have to swerve into the lane
to avoid
obstacles on the right side of the road.
While on the
road a cyclist has two options: If
they can keep up with the flow of traffic, they can use the middle of
the lane for riding. If not they must keep to the right, or use a
designated bike lane if one exists.
A regular cause of bicycle car
accidents is a bike being struck when a car makes a right turn. In this
case, the car is always at fault. The
driver is not allowed to turn
unless it's safe to do so.
The rider is obligated to stay on the right
side of the road, and it isn’t their duty to pull out of the way.
Cyclists
are also legally entitled to a safe riding environment...
Sometimes bike accidents happen because the road itself is inadequate
for
their needs.
Think about sewer grates.
This is a common hazard
for riders. Their tires can get caught, resulting in a road accident
and serious injuries. Because it's quite easy for the city to protect
cyclists from this, the city could be considered careless.
Another
obstacle for cyclists is
temporary pothole coverings. In the process of
fixing a pothole, a metal sheet or piece of wood is often used to cover
the pothole. If adequate warning isn't posted, then there's clear
negligence and an insurance claim can be made.
The same is true
for the pothole itself. Cars can often get over them with little
problem, but a bicycle can’t.
However, if the pothole was only recently
formed, the city cannot be expected to make immediate repairs and can't
be held accountable for the accident.
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