Determining Liability in a Bicycle Accident
Posted on behalf of D'Amico & Pettinicchi, LLC on Sep 23, 2016 in Bicycle Accidents
Bicycle accidents involving cars or other motor vehicles claim hundreds of lives and cause thousands of injuries each year.
These accidents are caused by a variety of factors. For example, motorists often overlook bicyclists at intersections, as they are much smaller than a passenger vehicle and can easily blend with their surroundings.
Also, bicyclists and motorists may ignore safety precautions at an intersection, and some bicyclists are not aware of the intersection rules that apply to them, increasing the risk of an accident.
In most bicycle accident cases, liability is determined by which vehicle held the right-of-way. If the accident took place at an intersection without a traffic signal, the vehicle that reached the intersection first typically has the right-of-way.
However, when both vehicles reach the intersection simultaneously, the one to the right holds the right-of-way. At the intersection of a major and minor roadway, the vehicle on the major road has the right-of-way.
Evidence in Bicycle Accident Cases
Often, minimal physical evidence is available to reconstruct how a bicycle accident occurred. That is why those involved in the accident should gather as much evidence as possible at the accident scene. Photos should be taken of the vehicles involved, their final resting positions, skid marks on the street, debris or damage to the road nearby, and all injuries sustained in the accident.
Eyewitness accounts are quite valuable when determining what or who caused a bicycle crash. Accident victims should obtain the names and contact information for anyone who witnessed the accident, as their testimony may be helpful should you file a lawsuit for damages at a later date.
If you have been involved in a bicycle accident, the bicycle accident attorneys at D’Amico & Pettinicchi will work with you to determine fault and maximize compensation for your medical bills, lost wages, and pain and suffering resulting from your injuries.