Difficulties In Bicycle Accident Cases

If you are on a bicycle, and you are hit by a car, there may be an assumption that it’s an “easy case.” Cars aren’t supposed to hit bicyclists, and cyclists are essentially helpless against the speed and weight of a vehicle. But you may be surprised to know that when it comes to accident cases, a bicycle accident case isn’t as easy as you may think.

Comparative Negligence

One common defense that car drivers make against cyclists who are injured in accidents, is the cyclist’s own negligence. Car drivers often will blame cyclists for not following the rules of the road that apply to cyclists, and that is sometimes valid, as many people who cycle on open roads, don’t follow or understand the laws that apply to cyclists.

For example, in Rhode Island, a cyclist under 16, or any passenger on a bicycle, must wear a helmet.  But even if you are over 16, and legally do not have to wear a helmet, a car driver can still legally use a cyclist’s lack of a helmet, as evidence that the bicyclist caused his or her own injuries or the accident.

Cyclists must hug the side of the road, as much as possible, and two cyclists together cannot side by side on a public roadway. Bicycles themselves must be fitted with an operable light for nighttime conditions, have a rear reflector, and must indicate where they are turning by using hand signals.

In a bicycle accident, the negligent car driver that caused the accident, can use any of these as evidence that the cyclist did something to cause and contribute to the accident or the injuries. The end result is comparative negligence, which is where the court will deduct from any recovery or compensation, the percentage that the cyclist may have been at fault for the accident.

When There are no Signals

Many times, bicycle accidents happen in areas where there are no signals, or traffic control devices or signs. This can lead to disputes over who had the right of way in an accident—the car driver, or the bicyclist.

It is up to you, as the injured cyclist, to show to the jury that the car driver could have observed you, and avoided the accident, and that you were not violating any traffic laws at the time of the accident.

Juror Bias

Unfortunately, many cyclists do ride carelessly, and many car drivers observe this in their day to day lives. On a potential jury in your injury trial, that jury may be filled with jurors who may empathize with the car driver—“that poor driver, who hit that careless cyclist,” may be the narrative that goes on in jurors’ heads.

It is up to you through your injury attorney, to dispel these thoughts and misconceptions, and it can be done.

Contact our Rhode Island injury lawyers at Robert E. Craven & Associates at 401-453-2700 for help if you were injured by a car while on a bicycle.

Sources:

dmv.ri.gov/node/1361

ribike.org/resources/bikelaws/