When a cyclist and the driver of a car are involved in an accident, it is often assumed by the average person that the driver of the car will be held liable since they have the biggest capacity to do damage. However, liability is assigned to the person who was most negligent and has the highest blame for the causation of the incident.
While it is less likely, it is possible that a cyclist could be held liable for the injuries and other damages caused in an incident with a car. If you believe that the negligent or reckless actions of a cyclist were the reason why you were injured in a car accident, it is important that you take action to claim the damages that you deserve. The following is an overview of what you should know about holding a cyclist responsible for a car accident.
Understanding the concept of negligence
Negligence in a legal context means that a person failed to do what was considered their duty. For example, a cyclist has a duty to act safely on the road, follow traffic rules, and consider the safety and well-being of others on the road. If they fail to do this, they will be considered to be negligent.
Examples of negligence
A cyclist could be negligent if they do not ride in the bike lane, if they turn without signaling, if they ride on the wrong side of the street or if they fail to yield.
It is not enough to only show negligence
To hold a cyclist liable, it’s not enough to only show negligence. You must also be able to show that this negligence caused the accident. In other words, you need to show that if the cyclist had not acted negligently, the accident would not have happened.
If you have been injured in an accident involving a cyclist, do not hesitate to learn more about the law so that you can assert your rights.