In just about every state, bicycles are treated like vehicles when it comes to the laws of traffic. This means that a bicyclist has the same rules of the road as a car driver. If a car driver is obeying traffic laws and a cyclist runs through a stop sign, then the cyclist is at fault. Since almost half of all bike and car crashes take place at an intersection, it will be helpful to examine these cases to understand how liability works.
Usually fault can be determined by who actually had the right of way. If there is no traffic signal at an intersection, then whoever is there first has the right of way. If the bicycle and car come up at the same time, then the vehicle on the right can go. The exception to this is when a major street crosses a minor street. Any vehicles going along the major street have the right of way.
Of course, if there are traffic signals, then these will indicate who has the right of way. Stop signs are involved in the most common intersection crashes with a bike and automobile. These accidents take place when the car driver does not have a stop sign, while the bicyclist does. This often means the person on the bike is liable. A bicyclist must make a full stop at any stop sign. Making an "almost stop" will probably assign at least part of the blame to the person on a bike. What usually happens is that the cyclist does not wait long enough and rides into the intersection while the car has the right of way. Tragically, most of these cases involve children, who are not able to gauge how quickly the car will be at the intersection.
Accidents often occur the other way around as well. When a car has a stop sign and a bike does not, the car can violate the bike's right of way, causing a crash. The car driver is probably at fault for these accidents. The bicyclist may also be at fault if he or she was going against traffic, which is the case more than half the time.
The cyclist may be the only person to blame in cases where he or she does not yield to another vehicle. Again, this usually occurs with younger bicyclists. The accident can happen when the person on a bike does not notice a car or decides the car is going slow enough to proceed
Left turns present another situation where crashes can occur. If a car drive makes a left turn in front of someone on a bike, the driver is probably at fault. These accidents usually happen because the driver did not notice the bike or thought it was approaching slower. A common error drivers commit is underestimating the speed of a bicyclist.
A car might make a right turn in front of a bicycle, forcing the bike to run into the automobile. Perhaps as the car turns right, a bike may be making the same turn up ahead. The car might be going too fast and thus run into the bike. In almost any such cases, the car driver will be faulted.
If liability is properly assigned in a crash, then this might clear the way for you to seek compensation for your injuries, medical fees, lost wages, and maybe more. If someone is liable for an accident where someone died, then the family is owed compensation to help with financial recovery. As accidents involving bikes can be especially devastating, it is important to know your rights. Contact a personal injury lawyer if you think you might have case.