In an accident case, the person who is most greatly injured is not always the person who is entitled to the most compensation. This is more often than not the case, but there are some instances where the person who was most hurt is also the person who is at fault.
Some bicycle collisions are an example of this. A large car or truck against a person on a bike will almost always result in severe injury to the cyclist. However, greater injury does not mean an absence of responsibility. If a biker was driving recklessly and caused an accident with another vehicle, they could be found liable for the collision and be required to pay damages.
Riding Outside of Designated Bike Lanes
Bike-only lanes are available in some municipalities, which give cyclists a place to ride safely without fear of being struck by another vehicle. In places where bicycle lanes are not provided, bikers are supposed to drive on the right side of the road.
Bike riders who opt for non-bike lanes or ride in the center of the road endanger themselves and other drivers, especially if they are driving much slower than the rest of traffic.
Tailgating, Weaving, Failure to Signal, and Other Examples of Reckless Driving
Cyclists need to follow all of the rules of the road that other drivers do. Negligent actions such as following too closely behind cars, swerving in and out of lanes, not using a turn signal (or signaling via hand motion), and not stopping at signs or lights can contribute to accidents, and label the biker as at-fault in those cases.
Biking at Night
When riding at night, bikers should have lights installed and wear reflective clothing to increase their visibility on the road. Failure to do this can make a bike practically invisible to cars and result in a collision.
Bicyclists who are found to have driven unsafely at the time an accident occurred can be held responsible for that accident, regardless of their level of injury. In these cases, the biker could be required to compensate the driver of the car.
Contact Goeing Goeing & McQuinn PLLC if you were involved in an auto accident. Schedule a free initial case evaluation through our contact form or by calling (859) 253-0088.