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How Is Fault Determined in a Bicycle Accident?

By Jason Bottlinger on December 28, 2024

Determining fault in a bicycle accident requires evaluating the circumstances of the collision, such as who acted negligently or violated traffic laws. But what happens when the situation isn’t so straightforward?

Key Factors in Determining Fault in a Bicycle Accident

Negligence and Legal Responsibility

Negligence is a legal term to describe a situation when a person has been injured due to recklessness, carelessness, or the failure to use reasonable care. Not using reasonable care means that someone failed to act in a manner that another individual in the same situation, who used good sense, would act.

The four elements that prove negligence are:

• Duty of care: In determining fault in bike crashes, it must be proven that the party accused of negligence owed the victim a “duty of care.” This is the duty to act with reasonable care to prevent harm to others. This could include how you drive, allowing hazardous conditions in the workplace, or dangers in stores, restaurants, bars, sports venues, or a medical environment.
• Breach of duty: A breach of duty of care means the duty to act reasonably to protect others from harm was violated.
• Causation: This is a breach of the duty to act in a reasonable manner, which caused the injuries to the victim who has filed a claim or lawsuit.
• Damages: Damages are the financial losses experienced by the victim due to the injuries. The damages include the cost of medical treatments, lost income from work, changes in earning capacity, loss of quality of life, and more.

Traffic Laws and Cyclist Rights

Local traffic laws are crucial in determining who is at fault in a bike accident. These laws outline the right-of-way in bicycle accidents and the rules and responsibilities of drivers and cyclists. The laws include:

• Cyclists have the right of way in bike lanes.
• Drivers must yield to cyclists when turning across a bike lane.

Violations of these laws can point to the responsible party in an accident.

Comparative and Contributory Negligence

Sometimes, the fault may be shared between a cyclist and a vehicle driver, which is called comparative negligence in bicycle accidents. For example, if a cyclist may have been riding recklessly and a driver failed to yield, both parties could bear some responsibility for the accident. On the other hand, contributory negligence refers to the percentage of responsibility of each party in a bicycle accident.

In Omaha, an injured cyclist has the right to seek compensation if they’re found to be less than 50 percent responsible for how the accident occurred. Still, bicycle accident fault rules can be challenging to manage without the assistance of an attorney.

Common Scenarios Where Fault Is Disputed

Bicycle vs. Car Accidents

Proving fault in bicycle vs. car accidents is a vital factor in seeking compensation. However, the person considered to be at fault in a bicycle vs. car accident may be disputed. This is because proving liability in bicycle accident cases requires a breadth of knowledge and experience. Common causes of a dispute include instances in which:

• Drivers fail to yield right-of-way in bicycle accidents
• A driver turns into a bike lane without ensuring no cyclist is present, but the cyclist approaches a red light at high speed

Evidence that proves “who did what” is necessary under bicycle accident liability laws. All crucial evidence, including video footage or witness statements, can be gathered to support a compensation claim.

Cyclist vs. Pedestrian Accidents

Determining fault in cyclist-pedestrian accidents could be challenged based on the location of the accident. This means that the person responsible for the accident will hinge on whether the cyclist or pedestrian violated traffic laws.

Some examples of the types of cases where fault could be challenged include the following:

• Was the cyclist riding their bike on a sidewalk illegally?
• Was the pedestrian crossing outside a designated crosswalk?

Fault in Hit-and-Run Bicycle Accidents

In hit-and-run cases, determining fault becomes challenging if the driver doesn’t remain at the scene of the accident to help the injured cyclist, as required by law. The evidence in these cases may include:

• Eyewitness statements
• Video footage, if available
• Police report in bicycle accident claims

The evidence can be used to establish responsibility for the accident and identify the driver who fled the scene.

Evidence Used to Determine Fault in a Bicycle Accident

Police Reports and Witness Testimonies

Police reports that include witness statements in bike accident claims are critical evidence in documenting an accident, as the report may show violations or reckless behavior. Additionally, witness testimonies can strengthen a case by confirming the details of the accident.

Video Footage and Accident Reconstruction

Video evidence from vehicle dashcams and security cameras can be crucial evidence, offering a clear picture of the accident. In some more complex cases, accident reconstruction specialists may analyze the physical evidence in bicycle accidents—such as bicycle damage, skid marks, and other information—to determine who was at fault.

Physical Evidence From the Accident Scene

Photos of the scene can be critical for proving fault. For example, physical evidence in bike accidents, like skid marks, bike damage, and road conditions, can reveal more about how the accident happened.

Legal Considerations in Bicycle Accident Fault

Filing a Bicycle Accident Claim

Filing a claim or lawsuit requires gathering evidence to present to the negligent driver’s insurance provider. The decision about who was at fault will affect whether you can receive compensation for your injuries, pain and suffering, and emotional anguish. It is advised that you have the support of an Omaha bicycle accident lawyer who understands the claims process and can explain legal processes to you.

Role of a Bicycle Accident Attorney

A bicycle accident lawyer takes on many critical tasks in an injury claim, including collecting evidence, negotiating with the insurance company, or filing a lawsuit, if necessary. In cases of serious, catastrophic, or fatal injuries, legal representation is extremely valuable—but this is also true for cases where the issue of fault is unclear or disputed.

Why Choose Bottlinger Law L.L.C.?

Determining fault is the most essential factor in an Omaha bicycle accident. This is particularly true when an insurance company challenges a claim. However, determining fault is based on proof of violations of traffic laws, as well as other evidence. Thus, it’s important to have the support of a bike accident lawyer to assist you through this process and help you seek fair compensation.

At Bottlinger Law L.L.C., firm founder Jason Bottlinger is honored to be named Best Personal Injury Attorneys serving Omaha in 2024. He’s been practicing for almost 20 years and is ready to help you.

If you or a loved one has been seriously injured in a bicycle accident, get the legal guidance you deserve. Schedule a free case consultation with our Omaha bicycle accident lawyer today at (402) 505-8234.