Legal Rights of Cyclists Involved in Vehicle Collisions
Cyclists encountering bicycle accidents have the same rights and responsibilities as motorists when using the road. Cyclists encountering bicycle accidents need to be familiar with these rights to ensure they are treated fairly, especially in the event of a bicycle accident. We can help protect your rights and hold negligent drivers accountable. Let’s talk about bicycle accidents—call us at 803-788-4370 to set up a consultation with our experienced bicycle accident legal team.
What Are Common Causes of Bicycle Accidents?
Bicycle accidents can happen for various reasons, often involving actions or oversights by motorists. A frequent cause is when drivers fail to yield to cyclists at intersections. This can lead to serious collisions, especially in busy areas. Another common issue is drivers not checking their blind spots before making turns or changing lanes. This oversight can result in cyclists being hit or forced off the road.
Opening car doors without looking for approaching cyclists, known as “dooring,” is another significant hazard. This can cause cyclists to crash or swerve into traffic, posing a high risk of injury. Distracted driving, such as using a cell phone or other in-car distractions, also contributes to many accidents. Drivers may not see cyclists in time to avoid a collision.
Poor road conditions, such as potholes, debris, or inadequate bike lanes, can also be problematic. These hazards can cause cyclists to lose control or swerve into traffic to avoid obstacles. Additionally, adverse weather conditions can make roads slippery and reduce visibility, increasing the risk of accidents for both cyclists and drivers.
Legal Obligations of Drivers
Drivers hold specific responsibilities to ensure the safety of cyclists on the road. They are expected to maintain a safe distance and be vigilant of their surroundings. It’s crucial for drivers to be aware of the unique challenges cyclists face and to act accordingly.
Here are some key responsibilities that drivers have to ensure the safety of cyclists:
- Maintaining a safe passing distance: Drivers should keep a minimum distance of three feet when overtaking cyclists. This buffer zone helps to prevent accidents caused by sudden swerves or loss of balance.
- Yielding to cyclists in bike lanes: Drivers must respect bike lanes and yield to cyclists who are using them. This is especially important when making turns or merging into traffic.
- Checking blind spots: Before making turns or changing lanes, drivers need to be vigilant in checking their blind spots for approaching cyclists. This simple action can prevent many potential collisions.
- Avoiding “dooring”: When parked, drivers should always check for cyclists before opening car doors. This practice, known as “dooring,” can cause severe injuries if a cyclist is struck or forced to swerve into traffic.
- Exercising caution in high-traffic areas: In school zones, residential neighborhoods, and places with heavy pedestrian traffic, drivers must be especially careful. These areas often have more cyclists and pedestrians, increasing the need for heightened awareness.
- Adapting to road conditions: Drivers should be mindful of road hazards such as potholes or debris, as cyclists may need to swerve to avoid them. Understanding this behavior can help drivers anticipate and react safely.
- Respecting weather conditions: Adverse weather can make roads slippery and reduce visibility. Drivers need to account for these conditions by slowing down and giving cyclists extra space.
Steps to Take After Involvement in Bicycle Accidents
After a collision, cyclists should take immediate steps to safeguard their rights and well-being. First, if you can move safely, get out of traffic to avoid further danger. Contact the police to report the incident and ensure it is officially documented. Obtain the driver’s information, including their name, contact details, and insurance information.
Capture the accident scene by taking photographs of the vehicles involved, any visible injuries, and road conditions. If there are witnesses, gather their contact information and statements, as they can provide support for your case.
Seek medical attention promptly. Some injuries may not show symptoms right away, and a medical record can be critical for any legal actions or insurance claims. It’s advisable to keep a record of all medical treatments and expenses related to the accident.
Throughout this process, avoid discussing fault with the driver or anyone else at the scene. Anything you say could be used against you later. Instead, stick to the facts when talking to the police and insurance representatives.
Finally, consult a lawyer who handles bicycle accidents. They can help navigate the complexities of your case, ensure your rights are protected, and guide you through the legal procedures.
Filing a Claim for Bicycle Accidents
If the driver is at fault for your accident, you have the right to seek compensation from them or their insurance company. However, know that this can be an uphill battle—insurance companies go to great lengths to pay as little as possible. That’s why it’s important to talk to a bicycle accident attorney early in the process. They can help you avoid critical mistakes and preserve your case.
Take the First Step Today
The team at Peake & Fowler is ready to help you pursue the fair and full compensation you are owed. Set up a time to talk now by calling us at 803-788-4370 or filling out our convenient online contact form.
