Last Updated on November 18, 2022 by
As a driver or any other road user, you are likely to be involved in an accident mostly due to the carelessness of other drivers. This may result in personal injury that will see you to incur medical or repair costs. Filing a personal injury suit can help you get compensation for the damages. You should hire an injury lawyer if you are injured in a car accident in Queens.
Not all accidents involve cars only. Other road users like cyclists and pedestrians can also be the victims of personal injury or an accident. Accidents involving cyclists are pretty common since most drivers don’t give them the right of way. The view persists that in the event of an accident involving a cyclist, the motor vehicle driver is always liable and must pay for the entire damage. But is it really like that? Let’s look at this in detail.
Bicycle accident when changing lanes
If two cars collide when changing lanes, each driver is generally liable for half of the damage. Since bicycles do not pose a so-called operating risk, the situation is very different in an accident between a cyclist and a car driver. If the cyclist claims that the car drove into his lane, the driver is liable for at least 50%. If the driver wants to avoid liability, he must prove that he did not drive into the cyclist’s lane. He can provide this evidence, for example, through dash cam recordings or witness statements.
Bicycle accident on the sidewalk in front of your exit
Who is liable in the event of an accident with a cyclist on the sidewalk in front of their own exit depends on various factors.
- In the event of a collision with children under the age of 10 on the sidewalk in front of your own exit, the driver is always to blame.
- In principle, cyclists over a specific age are still allowed to ride on the sidewalk if they accompany a child under a specific age. If the car collides with a cyclist accompanying a child on his bike on the sidewalk, the cyclist is entitled to use the sidewalk, and it is also the driver’s fault.
Accident with an oncoming bike while turning
The question arises as to whether the cyclist is not to blame if he has ridden on the wrong side.
- It is important to know that a cyclist riding straight ahead on the main road or associated cycle path always has the right of way, even if he is riding on the wrong side. If the driver comes from a side street, turns into the main street, and an accident occurs, he is liable to two-thirds and the cyclist to one-third.
- If the other party involved in the accident is a child under the age of 10 or an adult accompanying a child riding a bicycle, the driver is liable.
- If a cyclist over the age of 10 rides the sidewalk in the wrong direction without accompanying a child and an accident occurs while a car is making a turn, the cyclist is liable himself since he should not have been allowed to ride on the sidewalk.
The rules may vary in different countries, so it is important to consult an attorney in such a scenario.
Read more: How to Select Truck Accident Lawyers: Everything You Need to Know
