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Home | Legal

Right-of-Way: Determining Liability in Bike Accidents

By: Kamille Pagibigan

Bike riders or cyclists are often at risk of being struck by a vehicle or being involved in an automobile accident when they are at intersections, although it only represents a somewhat small part of a bike rider's travel route.

Bike accidents that involve collisions with cars and other motor vehicles are only 11%. However, of these, 45% occur at intersections. Contrary to well-known fears, most accidents, accounting for 59%, only involve the cyclist who loses control of his/her bicycle and then crashes.

In order to reduce the risk of bike accidents at intersections involving collision with cars, cyclists have to do the following:

� Maximize visibility

� Understand the rules of the road

� Learn to identify some of the most dangerous intersection hazards

� Take safety precaution when riding through and even approaching an intersection

Avoiding Bike Accidents at Intersections

Intersections put a special risk to bike riders for various reasons. These reasons are stated below:

� Cars usually underestimate a bike's speed

� Cars usually do not expect bicycles to be on the road so drivers are not watching for bicycles

� Even if car drivers are on the lookout for bicycles, they just do not see them sometimes as it is smaller and can blend into the background (because of the sun, the cyclist's clothing, and other factors)

Here are some tips to avoid a bike accident at an intersection. You should bear these tips in mind and take some extra precautions:

� Increase your and your bike's visibility (you can do this by wearing brightly colored clothes or reflective clothing, and putting front and rear lamps on your bike)

� Be on the lookout (this is a legal requirement for both bikers and car drivers)

� Ride defensively

� Learn to execute certain emergency maneuvers to avoid any collisions

Determining Liability

Legally speaking, a bike is regarded as a 'vehicle' in virtually every state. For this reason, bikers have to comply with the rules of the road. When it comes to vehicle collisions that occur at intersections, liability typically boils down to the one who had the right-of-way--the bike or the car?

� Right-of-Way Rules: Traffic Signals

In intersections that are controlled by signals, the right-of-way is determined by the signal. If a signal sensor fails to detect the presence of a bike, the biker can:

1. Position the bike closer to the sensors that are embedded in the road. If this does not work, wait until it becomes safe to cross against the light

2. Cross at the crosswalk

� Right-of-Way Rules: No Traffic Signals

When two vehicles approach an intersection that is not controlled by traffic signals, generally, the vehicle that arrived first has the right-of-way. In situations where both vehicles arrive at the same time, normally, the vehicle to the right has the right-of-way. This is also the rule that is applied for vehicles that approach intersections which are controlled by stop signs. However, if the intersection is consisted of a minor street that intersects with a major street, then the traffic on the major street has the right-of-way.

Bike Accident Injury

Most of these bike accidents result in injuries, ranging from mild to serious, depending on the severity of the accident. But however minor it is, an injury is still an injury, and you are entitled to recover damages if the accident was caused by someone else�s fault. In such a situation, you may need the help of a competent lawyer for legal advice.

Article Source: http://bytepowered.org/articles

If you have sustained a bike accident injury as a result of someone else�s careless or negligent behavior, you can consult with our expert Los Angeles attorneys. Dial our toll-free number and avail of our free case analysis.

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