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  • Writer's pictureKenneth Powell

When Is a Cyclist at Fault? Car Accident Claims, and How They Work 

Car accidents are one of the most dangerous things that can happen on the streets, but they are not as dangerous as bicycle accidents. Why are bicycle accidents more dangerous than car crashes? Because bikers don't have anything more than a helmet to protect them, and the full strength of a car can kill them in a matter of seconds.


Since bikers often get more injured than drivers after going through a bicycle accident, most people think only drivers can cause those accidents to happen. However, bikers can also have negligent behavior and cause an accident.


Although bikers can get serious injuries after going through a bike accident, they can't get full compensation for it if they were the ones who caused the accident in the first place. This article has all the information people need about bicycle accidents and who can be liable for them.


Anyone involved in a bicycle accident has the right to call a bike accident lawyer and file a lawsuit against the liable party. The Powell Law Firm works in St. Louis, Missouri, and it works with experienced lawyers who know everything there is to know about personal injury and traffic laws.


Victims of a bike accident only need to call this law firm to schedule a free consultation with it!


Why Are Drivers More Liable Than Cyclists

Why Are Drivers Often More Liable Than Cyclists in a Bike Accident?


Bikers are not often the ones who cause bike accidents since it's way more common to see car drivers causing severe injuries to others. The reason for this is cars are much bigger and stronger than bikes, so bikers will always be the ones getting hurt in this kind of accident.


Depending on the time the accident happens, it may be difficult for an average car driver to see bikers passing by, and that can also end up causing a crash. Drunk bikers may fall down from their bikes, but drunk drivers can lose control of their cars and kill other people.


The same happens with distracted driving or not following traffic signals. Therefore, even when a biker causes an accident, they get more injuries than car drivers unless the accident made the vehicle crash with another car.


It's worth noting that Missouri is a comparative fault state, which means it's also possible for drivers and cyclists to be liable for the same crash. A perfect example of that is a drunk driver who didn't see a cyclist getting out of the bike lanes without signaling.


Not signaling shows the cyclist's liability, but drivers can't drive while drunk. Therefore, an auto accident lawyer in St. Louis MO needs to prove to what degree both parties caused the accident and how many traffic rules they ignored. Doing that tells the court how liable each party is for the accident.


When cyclist liability is shared with another party, victims don't get all the money they need for medical expenses but rather a percentage of it. Things also change when the accident shows an unprotected cyclist since, according to the law, they should've been wearing safety equipment when riding their bike.


When Is a Cyclist at Fault in a Bicycle Accident?

As it was mentioned before, cyclists can also be liable for a traffic accident, and that applies, too, if they are still the ones getting hurt. Fortunately for cyclists in St. Louis, Missouri is a pure comparative negligence fault state, which means they can still get compensation after being liable for a bike accident involving negligence behavior from them.


How does this work? Well, bikers can get compensation for the percentage of liability they didn't have in the accident. However, bikers still need a bike accident lawyer to prove they weren't fully liable for the crash.


Traffic regulations also apply for bikers, which means they need to stop when they get to a stop sign. If cyclists get into an accident after rolling through a stop sign, they will be liable if a motor vehicle crashes with them. The same happens with bikers who get out of the bike lane if there's one.


When bikers hire a bicycle accident attorney, the attorney will ask them if they were riding on the right side of the street. If they weren't, the court will consider that a negligent action and hold the biker liable for the accident. Likewise, bikers can't ride against the direction of traffic.


All cyclists must yield when going through a stop sign, and they can't make any abrupt turns without signaling it before. Why is doing all those things a negligent act? Because it will most likely cause an accident regardless of how careful drivers are while driving. If there is any confusion on who is at fault, learn more about how to dispute a car accident fault.


Are Bikers Safer with Contributory or Comparative Negligence?


It's difficult to understand what contributory or comparative negligence is about for people who don't know a lot about laws and how an insurance company needs to act after an accident. However, if people wonder whether comparative or contributory negligence is better for cyclists, the answer is that it depends on the situation.


Reckless bikers will always rather stay in a comparative negligence state since having comparative negligence means the insurance company will also give them some compensation even if they are partially at fault for what happened.


A responsible bicycle rider, on the other hand, would feel more comfortable in a contributory negligence state since they would get all the compensation money they deserve after getting into an accident. However, this also means bikers won't get any compensation if the accident is the cyclist's fault.


Compensation doesn't only include covering medical bills since it also gives the victim funds for property damage and non-economic damages.


Main Causes of Bicycle Accidents

What Are the Main Causes of Bicycle Accidents?


Learning what can cause a bike accident shows you when a driver can be liable for it and when the event was the biker's fault. While these are the primary reasons why bike accidents happen, there are others that people could assess further with the help of a lawyer.


The following list will outline all of the main causes of bicycle accidents, as well as how people can prevent them or know what to do to avoid further legal problems with any other party involved in the accident.


Not Following Traffic Laws


Since traffic laws are made for people to avoid accidents, not following them will almost always cause motor vehicles to crash. There are many ways to cause an accident when a motor vehicle doesn't follow traffic laws, and one of them is when cars ignore red lights or stop signs.


Switching lanes without signaling is also one of the most common causes of motor vehicles crashing since the car accelerating on the line another car is switching and can't know what that car is doing if the driver doesn't signal them.


Nonetheless, this can also happen to bikers since they can cause an accident if they get out of the bike lane without making sure there aren't other cars close to them. On the contrary, it's also common to see a motor vehicle crashing after trying to merge into the bike lane without noticing the cyclists there.


Drunk Driving


Although people call it drunk driving, this includes driving under the influence of any kind of psychotropic or psychoactive substances. Drunk driving is not only one of the main causes of getting into accidents with bicycle riders but is also a crime, so more than a personal injury case, it can also be taken to a criminal court of law.


Something not many people know is that riding a bicycle under the influence of alcohol or any other substance that affects one's ability to think and perceive reality is also illegal, so bikers can also be stopped for riding a bicycle while drunk.


Distracted Driving


Accidents not only happen due to drivers being drunk or not following traffic signs but also by being distracted. Driving while being distracted is more common for car drivers since it's easier for them to take phone calls, use their smartphones, or chat with another person while doing so.


Regardless of that, bike riders also need to make sure they only focus on following bike lanes and other vehicles on the streets while riding their bikes since getting distracted for a second could turn them into accident victims.


Personal injury attorneys need to consider all those things when determining fault and proving liability after a bike accident.


Conclusion


Unfortunately, even if cyclists and drivers are as careful as they can, some accidents are unforeseeable and inevitable due to all the negligent drivers on the streets. However, the more cyclists who obey traffic laws, the fewer accidents that could happen.


It's always a good thing for cyclists and drivers to know a personal injury lawyer who can help them whenever a negligent driver causes an accident. Attorneys from the Powell Law Firm can gather evidence, handle paperwork, and win cases, so accident victims can always call this law firm if they ever get into a crash.

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