Accidents with Bicycles: Who Is at Fault?

On Behalf of | Jan 5, 2015 | Personal Injury

Bicycles can be excellent forms of transportation for those with daily commutes. Particularly in urban areas, bikes promote a healthier lifestyle and are better for the environment.

As with any form of transit, however, safety is always a concern. Traffic accidents involving bicycles almost always cause injuries.

When an accident does occur, drivers and cyclists might wonder who is at fault. They also might question if the incident could lead to a lawsuit. The truth is that every case is unique, which is why it is often helpful to speak with an attorney.

Under Texas law, bicycles are considered to be vehicles. According to Bike Texas, this implies that a cyclist must obey all stop signs, traffic lights, and conventional traffic laws as other motorists. Bikes generally have the right-of-way, which may be something other drivers may not take into consideration when sharing the road.

General Traffic Law

A busy intersection can be just as dangerous for a cyclist as it is for other drivers. These are often the sites of collisions. Though the details of each case are unique, the person with the legal right-of-way is not at fault, generally speaking.

For the most part, regardless of whether they are bikes or cars, vehicle on the right-hand side have the right-of-way. The only exception to this rule is in cases involving major streets that intersect with smaller, minor ones. In such matters, traffic on the major street is considered to have the right-of-way. There are some exceptions to these rules depending on the type of intersection and the overall flow of traffic.

Some Considerations in an Accident

It is never a smart idea to leave the scene of an accident. Such a decision can make the situation worse for the at-fault party. Instead, it is best to exchange insurance information and to wait until the police arrive if you are involving in a car accident involving any other vehicle, but especially in the case of an accident with a cyclist.

Also, it is important for all parties receive medical attention. Often, injuries are not immediately noticeable, but a physician may be able to identify issues that could require expensive treatment. The physician’s report may be a critical piece of evidence during a lawsuit.

If you have recently been involved in an accident and wish to speak with a New Braunfels accident attorney, contact the Bettersworth Law Firm at 830-443-9193.