Who is Usually at Fault if a Bicycle is Involved in an Accident?
The rider or driver is almost always at fault if a bicycle is involved in an accident. Operator error causes over 98 percent of the vehicle collisions in Texas. Operator impairment, like alcohol impairment, and aggressive driving, like failing to maintain a proper lookout, are the two most common forms of driver error. The bicyclist or driver might have committed the critical error.
We should also touch on the difference between fault and liability. Fault is a preliminary determination, much like a halftime score. Liability, the only thing that matters, is a final determination, based on all available facts as well as applicable laws. More on that below. So, if a police or insurance investigator says you were “at fault” for a bicycle crash, a Sugar Land personal injury lawyer may still be able to obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Additional Evidence
Witness statements are an important component of the evidence in a bicycle accident claim, and credibility is a key issue in this area. In this context, credibility could involve legal competence to testify or likely accuracy of testimony.
Vehicle occupants are usually accurate witnesses in bicycle accident cases. These individuals literally have a front-row view of what happened. However, these witnesses are often biased. They rarely deliberately lie. They simply remember events differently. Our eyes aren’t video cameras. We see things selectively.
Frequently, investigators base initial fault decisions based almost solely on a vehicle occupant’s testimony. That’s especially true if the victim was catastrophically injured or killed. So, a Missouri City personal injury lawyer can often reverse this finding later.
Non-vehicle witnesses are usually legally competent to testify, since in most cases, they have no relationship with the tortfeasor (negligent driver) or victim. But reliability is an issue. These witnesses often have obstructed views or see the accident from odd angles. Additionally, bicycle accidents happen so fast that it’s difficult to process the events.
Applicable Law
Investigators are investigators, not lawyers. So, they don’t know anything about game-changing defenses, such as comparative fault.
Contributory negligence could flip a fault determination. Assume Tina was speeding around a corner when she collided with Francis, who didn’t stop at a red light. Especially if they only hear one side of the story, as outlined above, investigators will probably assign fault to Francis. However, upon further review, Tina’s excessive speed may have substantially caused the accident. Tina’s excessive speed almost certainly substantially caused Francis’ injuries.
Speed multiplies the force in a collision between two objects, according to Newton’s Second Law. Therefore, speed transforms minor “fender benders” into serious injury or fatal collisions.
The bicycle helmet defense could come into play as well. Many investigators immediately blame helmetless riders for their own injuries. But the motion of a crash, as opposed to a trauma impact, often substantially causes a head injury. So, the victim would’ve sustained a head injury whether s/he was wearing a helmet or not.
Count on a Detail-Oriented Fort Bend County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. We routinely handle these matters throughout the Lone Star State.
Source:
drivethru.gsa.gov/DRIVERSAFETY/DistractedDrivingPosterA.pdf
