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.

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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.