Your New Orleans, LA bicycle accident lawyer can help you determine fault after your accident. And with the team at Kiefer & Kiefer on your side, you’re getting hundreds of years of combined legal experience to help you through your next steps. Read on to learn more about determining fault after a bike accident, and contact us today to get started.
When Drivers Are At Fault
Drivers of motor vehicles are often found at fault in bicycle accidents. Car and truck accidents pose a much greater danger to cyclists, and drivers are expected to take extra care when sharing the road.
Common driver-related causes of bicycle wrecks include:
- Failing to yield when a cyclist has the right of way, such as at intersections or crosswalks.
- Opening a car door into a cyclist’s path without checking for oncoming bikes, often called “dooring.”
- Distracted driving, like texting or adjusting GPS while behind the wheel.
- Speeding, which reduces reaction time and increases the severity of injuries in a crash.
- Improper passing, especially when there isn’t enough space between the vehicle and the cyclist.
When a driver acts carelessly or breaks traffic laws, they may be held liable for the damages caused by the accident.
When Cyclists Are At Fault
While drivers have a responsibility to watch for bicycles, cyclists must also follow traffic rules. If a cyclist ignores these rules, they may share in the responsibility for the accident.
A cyclist may be found at fault if they:
- Run a red light or stop sign.
- Ride against traffic instead of going with the flow of vehicles.
- Fail to signal turns or lane changes.
- Ride unpredictably, making it hard for drivers to anticipate their movements.
- Use sidewalks in areas where it is prohibited, creating dangerous situations for both pedestrians and drivers.
Even when a cyclist is partially at fault, they may still be able to recover some compensation depending on local laws about shared fault.
When Both Parties Share Fault
Many bicycle accidents involve actions by both the driver and the cyclist. For example, a driver may have been speeding while a cyclist was riding in the wrong lane. In these cases, fault may be divided between the parties based on how much each contributed to the crash.
The Role Of Traffic Laws And Evidence
Traffic laws play a major role in deciding fault. Police reports provide an official record of what happened and often include observations about possible violations. However, these reports are not always the final word.
Why Legal Guidance Matters
Bicycle accident cases can quickly become complicated, especially when insurance companies are involved. A bicycle accident lawyer can help injured riders or drivers understand their options and protect their rights.
Taking The Next Step After A Bicycle Wreck
If you’ve been involved in a bicycle accident, it’s important to act quickly. Start by getting medical care, filing a police report, and gathering as much evidence as possible. From there, consider speaking with a lawyer who has experience handling these types of cases.
At Kiefer & Kiefer, we’ve helped our clients with personal injury cases of all types, from bike crashes to uber accidents and more. If you need help understanding who may be at fault and what steps to take, contact us today, and we’ll get started together.
