Finding Out Who Is At Fault In A Bicycle Accident - O'Connor Acciani & Levy

Finding Out Who Is At Fault In A Bicycle Accident

August 29, 2016 | By O'Connor Acciani & Levy
Finding Out Who Is At Fault In A Bicycle Accident

Bicycle versus automobile accidents kill hundreds of bicyclists every year, while causing thousands of injuries. Both bicyclists and motorists have responsibilities while on the road that are meant to reduce accidents and improve safety for all.

Determining Liability And Right-Of-Way

In most bicycle accidents, liability is determined by which of the involved vehicles had the right-of-way. When an intersection has a traffic signal, the signal will indicate who holds the right-of-way. At an intersection where there is no traffic signal:
  • The vehicle that arrived first typically holds the right-of-way
  • If the vehicles arrive at the intersection at the same time, the vehicle on the right will hold the right-of-way
  • If one street is a major street and the other is a minor street, the vehicle on the major street holds the right-of-way
Intersections can be particularly dangerous for bicyclists because they are smaller than automobiles and they may blend in with their surroundings, making them less visible to motorists. However, many bicyclists do not know intersection rules, and bicyclists and drivers do not always take enhanced safety precautions at intersections. Sometimes, traffic signal sensors do not detect that a bicyclist is near.

Gathering Evidence From A Bicycle Accident Scene

Gathering evidence in a bicycle accident is tough because there is often no physical evidence available to reconstruct the scene. That is why photographs taken immediately after the accident are very valuable, as is eyewitness testimony. If possible, accident victims should gather the contact information of anyone who witnessed the accident. If you sustained injuries in a bicycle accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. The bicycle accident injury lawyers at O’Conner, Acciani & Levy will carefully review your case to let you know which legal options are available to you. Call (877) 288-3241 or complete our Free Case Evaluation Form now and learn more about your options from a personal injury attorney in Cincinnati at O'Connor, Acciani & Levy.