When cars and bikes have a collision, who is more likely to be at fault? Bicycle accidents involving cars usually happen due to the car driver’s lack of attention or failure to give the right of way for the bicyclist.

But this is not always the case when accidents happen. So let’s figure out who, between the two, is at fault for this type of road accident.

Despite everyone’s best efforts, accidents happen. And either, or both, the cyclist and driver could be at fault.

Just as with car accidents, liability depends on whose negligence caused the bicycle-car accident.

Both drivers and cyclists are required by law to follow the rules of the road. That means, for example, giving the right-of-way and respecting traffic lights and signs.

Drivers will want to remember that violating traffic laws during a bicycle-and-car accident can be considered “negligence per se.” Speeding is one example. Their speeding violation can contribute to evidence that they were negligent in the accident.

It’s also worth noting that drivers face a higher standard in accidents involving children riding bicycles.

Bicyclists should think of themselves as drivers. For example, if they fail to signal, or ride against traffic, it constitutes “contributory” or “comparative” negligence. If the driver were injured, it would be the cyclist’s fault. That would mean the cyclist also couldn’t collect for any injuries or damages they sustained in the accident.

Whenever you’re involved in a bicycle-car accident, protect yourself by calling the police to file a report. Gather the other person’s name, address, phone number, vehicle information and insurance information. And get contact information for witnesses. And never admit fault.

Always consult a professional lawyer who’s familiar with vehicle accident law. Visit today to get help with your bicycle-and-car accident questions.

To reduce the risk of road accidents with cars and bicyclists, both should maximize their visibility, familiarize themselves with the road rules and recognize the dangerous intersection perils.  Both should take safety precautions especially when getting close through an intersection.

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 Often, cars are more likely the culprit when there’s an accident because they are larger in size and more powerful.  But if you’re going to consider the data arising from various bicycle-car accidents, bicyclists are as likely to cause road accidents as the motorists.

As more cities adopt bicycle-friendly cultures, bicycle-and-car accidents become more common. Even though cyclists often enjoy their own lanes, cars and bicycles still share the road. In most states, they also share the same traffic laws—and liability for negligence.

By remembering these common causes of bicycle-car accidents, you can help protect yourself from injury and lawsuits.

  1. The “Right Hook.” Many bicycle lanes are along the side of the road. When there isn’t any bike lane, cyclists often ride close to the shoulder. Drivers turning right at an intersection might not see cyclists approaching on their right and accidentally cut them off.
  1. The “Left Cross.” This happens when a car, turning left at an intersection, pulls into the path of an oncoming cyclist. The bicycle could be coming from the opposite direction or going in the same direction as the car on its left side.
  1. Not all roads have stop signs at intersections. Sometimes, a car will heed its stop sign but not realize that an oncoming cyclist, with the right-of-way, doesn’t have a stop sign. The car then pulls out in front of the bicycle, causing a collision. Other times, the bicyclist has a stop sign and the car does not.

Some states require that cyclists come to a complete stop at intersections. If they don’t, and are involved in a collision, it could bar them from recovering damages—regardless of who was at fault.

  1. Sometimes cyclists follow too closely to cars. If a car stops abruptly, it can lead to a rear-end collision.
  1. Drivers who fail to check their mirrors can accidentally block a cyclist’s path by opening their doors as the cyclist approaches.

Both cyclists and drivers can take steps to minimize the likelihood of an accident. For example, cyclists can always ride with traffic, wear reflective clothing and use hand signals to indicate their intentions. Drivers can exercise greater awareness of cyclists and maintain a safe distance.

When it comes to road security, still both bicyclists and drivers should take the proper precautionary measures. They should both learn from the common bike-car collisions to make them reminded about possible accidents and how to avoid them.

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 In most cases, the government is the one in charge of maintaining the security of the public areas and the roads.  Therefore, the city, state and government entity, where your vehicle got destroyed, would be liable and accountable for any accidents that happened.

If you or a loved one was injured in an accident that may have been caused by hazardous road conditions, you likely wonder who is to blame. In some cases, your insurance company may cover your medical costs and damage to your vehicle because no one is considered “at fault” for the accident. In other situations, the government entity responsible for maintaining roads may be at fault.

For example, you might have a claim against a county department of transportation if your accident was caused by poor road maintenance or a lack of adequate signage. According to leading legal authorities, people who have been injured in an accident and want to bring a case against a public entity must prove that:

  1. The public entity controlled or owned the road where the accident happened.
  2. Conditions on the road were dangerous at the time of the accident.
  3. Dangerous conditions caused the accident.
  4. The public entity could have reasonably anticipated that such an accident would happen.
  5. The dangerous conditions were the result of the public entity failing or neglecting to address its duties.

A city or county transportation department may be reasonably expected to maintain certain conditions on roads, but they can’t be held responsible for unforeseen hazards. One of the most common of these hazards is deer. They might look pretty standing by country roads outside Folsom, but they can do serious damage to a car. If you were involved in an accident that was caused by a deer, you will generally receive help from your insurance company.

Pursuing Compensation After an Accident

Many victims struggle to decide what they should do after they’ve been in an accident caused by hazardous road conditions. Make sure that you report the accident to the police and your insurance agent as quickly as possible, and gather contact information from any witnesses at the scene. If you’d like to pursue compensation from a public entity, you should also contact an experienced personal injury attorney who can examine the facts and advise you.

Asking for a claim requires you to give many reliable details about the poor condition of the road.  Details include the name of the road as well as the direction when you were driving. Furthermore, witnesses will be required if the government has no record of hazardous road conditions prior to the occurrence of the accident.

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 If you drive cautiously, most likely you drive defensively, you keep your eyes on the road and you maintain your distance from dangerous motorists.

Unfortunately, accidents can happen even to the most cautious drivers.  Sometimes, road accidents occur because of a poor road construction. There are lots of road conditions that can potentially cause you to lose control of your car and driving.

Whether you’re commuting into Sacramento or headed out of Folsom on vacation, you expect the roads you drive on to be safe and well maintained. Unfortunately, there are times when conditions on the road just aren’t ideal. Road hazards make driving stressful, and they can also lead to serious accidents. If you’ve recently been involved in an accident caused by a road hazard, it’s important to understand what happens now.

When Hazardous Conditions Cause Accidents

There are millions of vehicle accidents in the U.S. every year. Many of these are caused by negligent drivers, but bad weather, potholes and other hazardous road conditions can also lead to death or serious injury. Poor road conditions that contribute to or cause crashes include:

  • Potholes and wheel ruts.
  • Damaged or missing road signs.
  • Poorly banked roads.
  • Blind curves.
  • Standing snow, ice or salt that hasn’t been plowed.
  • Pooled water.
  • Uneven shoulders and improperly graded curves.
  • A lack of traffic signals.
  • Visual obstructions such as untrimmed bushes.
  • A lack of adequate nighttime lighting.
  • Broken guardrails.
  • Low bridges or incorrect overhead clearance signs.
  • Improper application of road surfacing or construction materials.
  • Poorly marked or unsafe work zones.

If the above or any other road hazard conditions caused you to meet an accident, you have to act fast.  If not, your evidence can quickly disappear and may even jeopardize your accident case.

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 Throughout the US, thousands of pedestrian-car accidents happen every year. Although there are lots of programs that deal with this issue, still there are countless pedestrians who get involved in car accidents.

There are times when a pedestrian-versus-car case is so clear that the parties are able to reach an agreement and settle without much hassle. Unfortunately, many accident victims and their families face a confusing legal process to recover compensation after a serious accident. Insurance companies often make the most of this confusion and make unfair offers to victims.

If the responsible party won’t admit any negligence, or if the settlement offered isn’t adequate, victims can go to court and ask a judge or jury to decide their cases. Most victims rely on personal injury attorneys who know how to determine negligence and argue for fair damages. After all, the court system can be tough to navigate. Having an experienced negotiator and advocate in court often makes all the difference for those who’ve been injured in pedestrian-versus-vehicle accidents.

Identifying the Responsible Party

Determining who’s responsible for an accident means proving negligence. If a driver was intoxicated, distracted, speeding, texting or didn’t obey a traffic light, that person will often be found at fault for an accident. Failing to yield for a pedestrian who has the right of way is also a type of negligence.

Of course, there are situations where pedestrians engage in risky or illegal behaviors and are at fault for accidents. Drivers in these cases are often left with grief for causing an injury or death even though they did everything they could to stay safe on the road.

It’s important that drivers who’ve been involved in an accident can prove who was at fault. While it’s sad that someone was injured, it’s important that innocent drivers don’t have to pay for accidents that they couldn’t have prevented.

The increasing number in population and the general highway traffic contribute to the rate of car-and-pedestrian accident.  As more and more vehicles drive on the roadways, the possibility of a traffic crash can also increase.

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