Who Is Liable in a Bicycle Traffic Accident?

No matter what kinds of vehicles are involved, any traffic accident can be a very serious, life-threatening situation. When one of those vehicles is a bicycle, the situation can be even more complicated. Without a good car accident attorney, victims can be left struggling to recover.

When we think about accidents involving bicycles, we tend to imagine bicyclists being struck by reckless drivers during a leisurely ride. In reality, however, things aren’t always so clear cut. Depending on the situation, liability for an accident can fall on a bicyclist just as easily as it can fall on a driver.

Risk Factors for Accidents Involving Bicycles

Before we discuss the details of liability in a crash, it’s important to understand the various risk factors involved and the potential causes of bicycle-related vehicle accidents. The following are just a few examples of situations that can result in a crash:

• Inclement weather: Travel can be made unsafe by certain weather conditions, such as high winds or slippery roads caused by rain, ice, or snow.
• Vehicle malfunction: If part of a car or bicycle breaks or stops functioning properly (e.g., failed brakes, burst tires, etc.), a loss of control can lead to a vehicle accident.
• Failure to obey traffic laws: Willful or accidental ignorance of traffic laws (i.e., reckless or negligent driving) can easily raise the risk of traffic accidents.
• Operator impairment: Driving a car or riding a bicycle while one is under the influence of drugs or alcohol can lead to slow reaction time, loss of control, and other potential causes of accidents. Medical emergencies can also cause impairment.

The Rights and Responsibilities of Drivers and Bicyclists

The rights and responsibilities of drivers are outlined in traffic laws. All licensed drivers are expected to know and observe all laws that apply to their class of vehicle. Ignorance of the law is not an excuse.

Although it may seem like the size and weight difference between a motor vehicle and a bicycle would mean drivers automatically assume all responsibility on the road, that’s simply not the case. In Texas, bicycles are legally considered vehicles, and bicyclists are given the same rights as drivers. As such, they also have the same responsibilities. Bicyclists must always stop when directed, follow the right of way, and provide hand signals when turning.

Relevant Laws Vary by State

Laws regarding traffic rules, bicycle paths, personal injury lawsuits, etc. can, of course, vary from state to state. Texas bicyclists and drivers largely share the same set of rules, though there are some exceptions and additional regulations for things like helmet use, acceptable riding locations, and other bicycle-specific issues. Local municipalities may also have their own applicable laws.

How Liability Is Determined in a Crash

In any traffic accident, whether they involve bicycles or not, liability is generally determined by identifying negligence or reckless behavior on the part of those involved. When a party fails to uphold their responsibilities or infringes on the rights of another, they are considered to be at fault.

Consider the following examples:

• A bicyclist does not stop at an intersection and is struck from the side by a car.
• Because bicycles are required to obey the same laws as motor vehicles, the bicyclist is liable for the accident because they did not stop at the intersection and ignored the right of way.
• While moving through a curve, a bicyclist riding in the road waves a driver around them. The driver is not able to see oncoming cars properly, but they take the bicyclist’s cue and start to pass. Another car comes around the curve and strikes the passing vehicle, pushing it into the bicycle.
• Even though the bicyclist was the one who waved the vehicle around, the driver who did so is likely to be considered at fault for attempting to pass in an unsafe situation.

Serious Repercussions for Bicyclists and Drivers Alike

Bicycle-related traffic accidents can have a wide range of effects. Least of all, such crashes can lead to a significant amount of damage to the vehicles and surrounding property. Even in what seems like a minor crash, the costs of repairs and/or replacement vehicles can quickly add up.

Far more concerning are the risks of physical injury or death. For bicyclists especially, the impact of a crash with a car or truck can be devastating. While wearing a helmet can reduce the risk of head injury in a typical bicycle accident, a collision with a fast-moving motor vehicle can easily be fatal.

After an injury, victims and their families can be left dealing with hefty medical bills, ongoing care expenses, and lost income due to time away from work. On top of the financial issues, mental and emotional repercussions like stress, anxiety, trauma, and depression can temporarily derail a person’s life.

What to Do if You’re Involved in a Bicycle-Related Traffic Accident

When you’ve been in a bicycle traffic accident—regardless of whether you were the bicyclist or the driver—you may find yourself overwhelmed with questions and emotions. If you find yourself in this situation, there are a few key things you should do.

Seek Medical Attention Immediately

If you’ve been injured as a result of the accident, the first thing you should do is call 911 and let them know you require medical assistance. Even if you don’t see or feel any obvious injuries, you may still want to be examined for internal injuries. A bicyclist wearing a helmet can still suffer a concussion.

Contact the Police for a Report

Even if you don’t need medical attention, you’ll want to get a police report for your accident. Be completely honest with the police, but make sure you don’t say anything that might be misconstrued as an admission of fault on your part—even if you are clearly a victim, insurance companies will look for any reason to deny coverage.

Take Detailed Notes and Photos

Starting immediately after the accident, begin compiling as many notes as you can about what you saw, heard, and experienced. Write things down and take as many photos as possible of the scene, vehicles, and damage.

Exchange Information with the Other Party

When you’re ready, calmly and respectfully exchange insurance and personal contact information with the other person. Again, don’t say anything that might suggest fault on your part.

Speak to a Lawyer Before You Contact the Insurance Company

Insurance companies don’t like to pay more than they absolutely have to, so they’ll do everything they can to minimize their costs. To make sure you protect yourself properly, speak to a Houston car accident lawyer first.

Injured in a Bicycle Crash in Houston? We Can Help!

If you’ve been hurt in an accident involving a bicycle, the expert personal injury attorneys at Schechter, McElwee, Shaffer, and Harris, L.L.P. can help you get the compensation you deserve as a victim. We’ll walk you through the process of filing a lawsuit, help you build a strong case, and take care of all the legal details so that you can focus comfortably on your recovery.

If insurance denies you the coverage you need to fix your car or pay your hospital bills, you don’t have to just accept what they’re offering. Give our office a call at (713) 574-5089 or contact us online to schedule your free initial consultation today.