The driver, the bicyclist, or another party could be responsible for a bicycle accident. A thorough analysis of the circumstances involved in the accident is essential to determining fault after a bicycle accident.
Below are some considerations in determining fault in a Denver bike accident case.
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Denver Bike Accident Lawyers
Common Causes of Bicycle Accidents
Unfortunately, bike accidents are common in Colorado. Collisions between bikes and vehicles can happen for many different reasons, including:
- Speeding
- Turning in front of bicyclists without looking
- Following too closely
- Opening a door into the pathway of a bicyclist
- Poor road conditions
- Distracted driving
Common Scenarios Involving Fault
Bike vs. car accidents can occur under many different scenarios, with the most common being:
- Intersection collisions, which usually occur when the motorist or bicyclist fails to yield the right of way
- Rear-end accidents, which occur when a driver hits the back of the bike in front of them
- Right hook accidents, which typically occur when a driver turns right and cuts off a cyclist traveling straight
- Left cross collisions, which occur when a driver turns left and fails to yield to an oncoming cyclist
- Dooring accidents, which occur when a driver opens their door into the path of a nearby bicyclist
In these accidents, fault often relies on who did not have the right of way and who was not following traffic laws.
Who Is Responsible for a Bicycle Accident?
Fault is not automatically assigned to either party when an accident involves a bicycle and a vehicle. Instead, fault is determined based on which party was negligent or broke traffic laws. Possible fault may lie with the following:
- Driver: Drivers are required to keep a proper lookout for all potential hazards, including the presence of cyclists. If they fail to yield the right-of-way, follow too closely, or otherwise operate their vehicle negligently, they can be held responsible for resulting accidents.Â
- Bicyclist: Bicyclists must comply with relevant traffic laws. They must usually follow the same laws as motorists, and if they violate these laws, they could be held liable for the accident.
- Government: The government is responsible for designing and maintaining safe roadways. If the accident is caused by malfunctioning traffic signals, dangerous road design, or debris on the roadway, the government may be responsible for the accident.
Factors That Affect Fault in a Car vs. Bike Accident
Fault is not always clear-cut in these types of accidents. Both parties involved may insist that they had the right of way. The ultimate determination of who is responsible for the accident often relies on analyzing various factors involved in it, including the following:
- Traffic laws: When someone violates an established law designed to protect a certain group of people, that person may be found responsible for negligence per se. Motorists must obey traffic rules, maintain at least three feet between them and cyclists when passing, and check for cyclists before opening their doors into traffic. Bicyclists must follow the same rules as motorists and additional ones, such as riding as far to the right as practicable and not riding side by side if this impedes traffic.Â
- Right of way: Many cases come down to which road user was following relevant right-of-way rules.
- Road conditions: Road conditions could contribute to the accident, leading to a different evaluation.
- Visibility: Poor visibility could have played a part and affect liability.Â
- Distractions: Motorists or cyclists could have been distracted, contributing to the accident.
Contact Us for Help
If you’d like to learn more about how to prove the other party was at fault in a bike accident that injured you or a loved one, an experienced personal injury attorney from Dulin McQuinn Young can help.
Contact us today for a free consultation to discuss your legal rights.