Bicycling is a popular mode of transportation and recreation just about anywhere, offering numerous benefits such as exercise, cost savings, and environmental friendliness. However, cyclists face unique risks on the road, particularly from collisions with motor vehicles.
Different states have different statutes regarding cyclists’ rights, but for the most part, bike riders have the same fundamental rights of the road as other vehicles. Our friends from Marsh | Rickard | Bryan, LLC, explain the legal protections of cyclists and, should an accident happen, their avenues for seeking compensation.
Common Legal Rights For Cyclists
Many states have laws on the books granting cyclists the same rights and responsibilities as motorists when using public roadways. This includes:
- Right to Use Roadways: Cyclists are generally permitted to ride on public roads and highways, except where specifically prohibited (e.g., interstate highways).
- Respect of Traffic Laws: Cyclists must obey all traffic signals, signs, and laws applicable to motor vehicles, including yielding the right-of-way when required.
- Safety Equipment Requirements: Many states require cyclists under the age of 16 to wear a helmet while riding, while others require it of all riders. All cyclists are encouraged to wear helmets and other protective gear for safety, no matter where they live.
Establishing Liability In Bicycle Accident Cases
In bicycle accident cases, liability (legal responsibility) is determined based on principles of negligence. To establish liability and seek compensation, the following elements must typically be proven:
- Duty of Care: Motorists owe a duty of care to cyclists to operate their vehicles safely and attentively.
- Breach of Duty: Showing that the motorist breached this duty, such as by failing to yield to a cyclist or violating traffic laws.
- Causation: Demonstrating that the motorist’s breach of duty directly caused the accident and resulting injuries to the cyclist.
- Damages: Documenting the injuries, medical expenses, lost wages, and other losses suffered by the cyclist as a result of the accident.
Legal Recourse For Cyclists
Cyclists injured in accidents involving motor vehicles have several avenues for seeking compensation:
- Insurance Claims: Filing a claim against the motorist’s liability insurance policy to cover medical expenses, property damage, and other losses.
- Personal Injury Lawsuit: Pursuing a civil lawsuit against the at-fault driver for damages not fully covered by insurance, including pain and suffering and future medical expenses.
- Wrongful Death: In cases where a cyclist is fatally injured in a collision, surviving family members may pursue a wrongful death claim against the responsible party.
Seeking Legal Guidance
Asserting your legal rights after a bike crash can be challenging, especially when recovering from injuries. Consulting with an experienced bicycle accident lawyer can help. Your lawyer can provide guidance, negotiate with insurance companies, gather evidence, and advocate for fair compensation on behalf of the injured cyclist.
Cyclists have legal rights and protections when involved in accidents with motor vehicles. By understanding these rights and taking proactive measures to ensure safety and legal compliance on the road, cyclists can mitigate risks and seek appropriate recourse in the event of a bicycle accident.