When car accidents involve a bicycle, the car driver isn't always automatically at fault. If you believe you were injured because of the actions of a bicyclist, here's what you should know about suing for your injuries.
Comparative Negligence
In many jurisdictions, car–bicycle accidents are subject to the concept of comparative negligence. This legal principle acknowledges that fault can be shared between multiple parties involved in an accident. In the context of a car driver suing a bicyclist for causing an accident, the car driver must demonstrate that the bicyclist was partially or wholly responsible for the incident.
If successful, the car driver may have grounds to seek damages from the bicyclist. Comparative negligence laws aim to allocate fault proportionately, taking into account the actions and behaviors of all parties involved. This ensures a fair assessment of responsibility and allows for appropriate compensation based on the degree of fault assigned to each party.
Establishing Negligence
To pursue a lawsuit against a bicyclist for causing an accident, a car driver must establish negligence on the part of the bicyclist. This requires demonstrating that the bicyclist breached their duty of care, which is the legal obligation to act reasonably and responsibly while on the road.
Examples of negligent behavior by a bicyclist may include running a red light, failing to yield, or riding against traffic flow. To prove negligence, the car driver can present evidence such as eyewitness statements, traffic camera footage, and police reports. These pieces of evidence play a crucial role in establishing the bicyclist's fault in causing the accident and strengthen the car driver's case for seeking compensation.
Insurance Coverage
Insurance coverage is vital in car–bicycle accidents where legal action is involved. Both car drivers and bicyclists often carry insurance policies that cover accidents causing bodily injury or property damage. Bicyclists that don't have specific insurance for cycling are often covered under their home insurance or car insurance.
When a car driver wants to sue a bicyclist, it's important to consider the insurance coverage available. Depending on the circumstances, the car driver may be able to file a claim with their insurance company to seek compensation for their damages.
Understanding the terms, limits, and requirements of insurance policies is essential in pursuing a legal case and maximizing the chances of receiving appropriate compensation. Consulting with an experienced car accident lawyer can help navigate the insurance process and ensure that all relevant parties are included in the legal proceedings.
Share17 July 2023
