Who Might Be Liable for a Bicycle Accident?

Bicyclists are incredibly vulnerable in traffic. Even when they remain in their designated lanes and follow the rules of the road, they’re at risk of getting hurt. A mere five seconds of distracted driving is enough to cause a devastating crash that leaves them with catastrophic injuries, changing their life forever.

Fortunately, accident victims and their families usually have legal recourse following such events. If you were struck by a car while riding your bike and you want to seek compensation for the associated losses, you’ll have to start by identifying those who were to blame.

Like other kinds of motor-vehicle collisions, there are a number of parties that could be liable for a bicycle accident. Let’s take a look at some of the most likely culprits:

1. The Motorist

More often than not, the driver who actually hit the cyclist is to blame. Human error is responsible at least in part for 9 out of 10 car crashes, so a portion of liability almost always falls on the person behind the wheel.

Thankfully, California has a fault-based system when it comes to motor-vehicle collisions. That means victims don’t have to meet certain criteria before they can file a third-party claim with the driver’s insurance carrier.

2. The Municipality

If the government agency responsible for maintaining the roads failed to make them safe for cyclists, they could be deemed liable for collisions that result between bikes and cars. Should this end up being the case, it’s wise to seek legal counsel as soon as possible. Suing a government entity comes with all kinds of additional hurdles, including shorter filing deadlines and various financial caps.

3. A Manufacturer

Sometimes, vehicles collide because their parts are defective. If the car had faulty sensors, for example, or the bike had failing brakes, the entire accident might be chalked up to the associated defects. When that’s the case, the manufacturer is typically considered liable for the damages.

How Can I Prove Liability for a Bicycle Accident?

Once you determine who was to blame for the scenario in which you were hurt, you must compile the evidence needed to prove it. While the most valuable proof will depend on the circumstances, at least a few of the following will likely contribute to your claim and ultimately convince the insurance adjuster—or the court—of fault:

  • Footage from any dash cams or helmet cams that captured the incident,
  • Testimony from eyewitnesses,
  • The official police report,
  • The vehicle’s schematics and maintenance records,
  • The bike’s blueprints,
  • Photographs of the wreckage,
  • Statements from accident reconstruction experts,
  • Cell phone records, and
  • Toxicology reports.

Call 1-800-GO-HARRIS to Discuss Your Case with a California Bicycle Accident Attorney

At Harris Personal Injury Lawyers, we know just how devastating cycling accidents can be. If you were struck by a reckless driver while riding your bike, you deserve the experience and resources of prominent and well-respected attorneys on your side. To set up a free initial consultation with a bicycle accident lawyer in California, fill out our Contact Form or call 1-800-GO-HARRIS.