Bicycling has become a popular means of transportation and exercise, especially in cities where programs such as Citi Bike allow people to rent a bike inexpensively. However, these cities are also hot spots for bike accidents due to the high number of intersections and vehicles on the roads. In the United States, over 20,000 bike accidents are reported each year, with many more going unreported. While most of these accidents result in minor injuries, some can be life-threatening or fatal.
In most cases, bike accidents involve a collision with a motor vehicle, and liability comes down to determining negligence and fault. Both drivers and cyclists must know and follow traffic laws, and cyclists often have their own set of laws that dictate how to operate a bike safely. However, due to the higher risk of injury for cyclists, it is often easier to prove driver negligence than cyclist negligence.
To receive damages after a bike accident, the cyclist must prove that the driver acted negligently or recklessly, which caused the accident and resulted in the cyclist's injuries. They must also show that there was no negligence on their part that could have caused or contributed to the accident. Driver negligence can take many forms, such as speeding, running red lights, or driving in a designated bike lane. Eyewitness testimony and additional evidence, such as a history of reckless driving, can help establish driver negligence.
On the other hand, cyclist negligence can result in the inability to receive damages from a driver or even being sued for causing injury in an accident. Examples of cyclist negligence include traveling in the wrong direction on a one-way street, not stopping at red lights or stop signs, and speeding. Like drivers, cyclists must also follow traffic laws.
In summary, while bicycling is a popular means of transportation and exercise, it also carries the risk of accidents. Liability in bike accidents often comes down to determining negligence and fault, with both drivers and cyclists required to follow traffic laws. To receive damages after an accident, the cyclist must prove driver negligence and show that they were not at fault. Similarly, if a driver can prove cyclist negligence, the cyclist may be unable to receive damages.