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Bicycle Accidents at Intersections: Who is Liable

By Edited Jun 2, 2014 0 0

Bicyclists have higher chances of getting hit by motor vehicles, specifically cars, when they are moving along intersections. In fact, statistics show that about 45 percent of bicycle-car collisions happen on intersections.

Traveling along these areas is dangerous for a bicyclist because most drivers are unaware that he is moving near them. Because bicycles are smaller compared to other vehicles, they may not be easily noticed by drivers, even those who are on the lookout for it.

Bicyclists can reduce their chances of being involved in an accident by doing the following:

  • Practice defensive riding
  • Increase your visibility to other road users by wearing bright-colored clothes
  • Avoid distractions which can make you lose control of your bicycle

However, these tips cannot completely stop the occurrence of bicycle accidents. A bicyclist will still be in great danger if he encounters a negligent or reckless driver.

Taking Legal Action

If you were injured in a bicycle accident that occurred along an intersection, you can file a case against the car driver so that he can be held liable for his negligence. Like on other kinds of road accidents, determining liability in a bicycle accident is a matter of knowing who committed a negligent action while on the road.

You may have a strong case against the driver if the accident occurred because he was:

  • Speeding- it is strictly prohibited by the law because it can make a driver lose control of his vehicle and prevent him from reacting immediately when he encounters road hazards.
  • Driving under the influence of alcohol- DUI can be proven by asking a driver to take a field sobriety test or a blood test. If his Blood Alcohol Content (BAC) has exceeded the legal limit, which is .08 percent in California, he may be considered guilty of DUI.
  • Distracted- Texting, rubbernecking, eating, and listening to loud music will divide the driver's attention and prevent him from seeing you, thus increasing the chances that he will hit you.
  • Tailgating- If the bicyclist was hit from behind, there is a high possibility that the driver will be held liable in the accident.

If you are planning to use negligence as the main foundation of your case, you should be able to prove that the car driver breached his duty of care. A Los Angeles personal injury lawyer can help you establish his guilt and enable you to recover monetary damages for your injuries and other losses.

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