Most Common Questions Lawyers Hear After a Bicycle Accident
Author: Auger Law | September 26th, 2016
It is not unusual for people to have questions after they have been involved in an accident. This is especially true when that accident is bicycle versus vehicle. Most people have a misconception that if a bike and car are involved in an accident, the driver is always at fault. This is not the case. Here are the most common questions we receive after a bicycle versus vehicle accident.
1. I was ‘doored’; who is liable?
If you ride a bike in the city, chances are you have had at least one close call with a car door that opens suddenly. If you were unfortunate enough to be hit by the door, you may be wondering if you can sue for damages. The answer is that it depends on the situation. If the door opened into you because the driver failed to notice you, you may have a lawsuit. If you hit the open door because you weren’t paying attention, the chances of winning a lawsuit are minimal.
2. Do bike lanes have to be plowed in the winter?
Whether or not cities are responsible for plowing bike lanes depends on the jurisdiction in which you live. To discover the answer to this question, contact your local city hall or law enforcement agency. Keep in mind that even if a city is required to keep bike lanes clear, choosing to ride in one that is full of slush and ice is exactly that: your choice.
3. A bicycle hit my car and caused damage, can I sue?
Of course. While a cyclist doesn’t have vehicle insurance, they are still liable for any damage they cause to your vehicle if the accident was their fault. If, on the other hand, the accident was your fault, the damage will be paid for by your insurance company or out of your own pocket.
4. What is the best proof that the driver was liable for our accident?
The best proof that you can have in a car versus bike accident is a police report. Make sure that you get a copy of the responding officer’s report. Whether or not you feel like you are injured, you need to contact the authorities. You don’t know how you will feel tomorrow, a week from now or even a month from now.
If you have been injured in a bicycle accident in Charlotte, we will review the details of your accident at no cost to you and help you decide if you may be entitled to compensation for injury or damage. Call our team today and schedule an appointment for your no-cost case evaluation.
