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Determining liability in a bicycle accident

Bicycle accidents are fairly common in Texas. For some individuals, riding a bike is their primary form of transportation, while others use it for exercise or recreation. No matter what a person's reason for being out on a bike, certain road rules exist for both cyclists and motorists in order to keep everyone safe. When a bicycle accident does happen, determining who is considered liable for the incident is often a big concern when considering taking legal action.

Traffic laws do apply to motorists and cyclists alike. In order for a cyclist to pursue any compensation for damages suffered in an accident, determining negligence on part of the motorist is necessary. Negligence can come in many forms including:

  • Speeding
  • Distracted driving
  • Drifting into a bike lane
  • Reckless driving
  • Impaired driving

For a personal injury claim to be successful, it will typically be important to rule out any negligence on part of the biker. Cyclists can also be accused of negligent behavior for running stop signs, riding the wrong direction and turning into traffic. As with most bicycle accidents, it is not uncommon for motorists to claim the cyclists was in the wrong.

The injuries suffered in a bicycle accident can be catastrophic. Texas residents who have been injured in such an accident due to the negligence of a motorist are entitled to pursue compensation. Monetary relief may be granted for personal injury claims that are successfully litigated in civil court. The amount of compensation awarded is typically determined by the type of injuries suffered, financial losses endured and an estimated amount for any future damages that may result from these injuries.

Source: FindLaw, "Bicycle Accidents", Nov. 24, 2014

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