Are Cyclists at Fault? What You Need to Know
Car accidents happen every day, including accidents that involve cyclists. Accidents in Utah have reached a 30-year high lately, posing an important question: are cyclists at fault if they’re involved in an accident, or does that responsibility fall on the driver? Knowing your rights in an accident is half the battle. As it turns out, there’s no flat “yes” or “no” answer to this question. Instead, there are some factors that determine who is at fault when there’s an accident of any kind, including bike accidents. One of the most significant factors is whether cyclists follow traffic laws while riding their bikes. Failure to do so could indicate either partial or whole fault in the accident. The same goes for drivers. If traffic laws aren’t followed, and an accident is the result, you’ll be partially or wholly responsible for the accident. Let’s take a deeper look. What laws do cyclists need to follow? Like motor vehicles, cyclists are expected to follow the law when riding on public roads. These laws don’t always apply to private property, but they are advisable since they’ll keep you safer. Those laws include: Have front-facing and rear-facing reflectors. Have functioning brakes. No passengers unless your bike is built or adapted for two. Obey all traffic laws as if you were driving your car. Don’t ride with your hands off the handlebars. Use the bike lane when there is one. When riding, keep to the right (not the middle of the lane). Do cyclists cause accidents? Cyclists are capable of causing accidents, even though it might seem impossible since motor vehicles are larger and can cause much more damage. But as it turns out, the fault isn’t based on injuries. Instead, it’s based on who is following the law vs. who isn’t. Of course, that means the cyclist and the driver can share fault for the accident, whether it’s split evenly or with one party bearing more guilt than the other party. When are cyclists at fault? It’s important to ride on sidewalks and bike lanes whenever possible on Utah roads. If you must share the road, keep to the right since bicycles are slower than cars, and you don’t want to hold up traffic. Defensive riding is your best bet to avoiding a bike accident. But not being the best at defensive riding isn’t enough to make you at fault. Being the at-fault driver involves breaking the law. Examples include: Ignoring traffic signs — This involves not obeying stop signs, stop lights, pulling into traffic, etc. Not having night lights — As we mentioned before, you must have front- and rear-facing lights on your bike. Failure to have them or turn them on at night can cause an accident. Not yielding — This involves turning when you don’t have the right of way. Local laws will dictate when you have the right-of-way vs. when you should yield. Generally speaking, you should always yield to oncoming traffic. Riding against traffic — This involves riding in the opposite direction of traffic. Note that this is just as illegal and dangerous for cars as it is for cyclists. If you’re a cyclist who broke one of these laws and was involved in an accident, you’ll likely be partially or entirely at fault for the accident. When are drivers at fault? Just like cyclists must follow the rules of the road, so must drivers. The only difference is that the law for drivers can be slightly different. Different types of fault include: Distracted driving — While cyclists can be involved in a bike accident because they were distracted, it’s much more common for vehicle drivers to become distracted while driving. Being on a smartphone, listening to music, and paying attention to passengers are common forms of distracted driving that often result in bike accidents. DWI — It’s possible but unlikely for cyclists to ride under the influence. But drivers commit DWIs all the time and are absolutely at fault if they cause an accident with more than the legal limit of alcohol in their system. Disobeying traffic laws — It’s very important that drivers follow all traffic laws, including following the speed limit, obeying stop signs and signals, drifting out of the lane, etc. If disobeying a traffic law results in a bike accident, the driver is partially or entirely at fault. Driving in the bicycle lane — Bicycle lanes are reserved for cyclists and are not meant for drivers to use. Causing an accident after driving in the bike lane will put the driver at fault. Using unsafe equipment — It’s every driver’s responsibility to ensure that their vehicle is properly operating. Malfunctioning brakes and broken headlights are examples of hazardous driving equipment that might cause an accident. Remember, the driver can be partially or entirely responsible for the accident if one or more of these laws are violated. So, as you can see, fault in accidents is based on the law, not on injuries. Even if you’re severely injured, you’re at fault if you’re the one who broke the law. This could be partial or entire fault, depending on whether the driver also broke the law. If you’ve been in a bike accident and aren’t sure who’s at fault, your best bet is to contact a lawyer, as they know the law inside and out. Flickinger Boulton Gooch & Robson can help. Were you in a bike accident? It can be tricky to determine who was at fault, which is why you want a personal injury lawyer on your side. Flickinger Boulton Gooch & Robson can help. We have over 150 years of experience in personal injury cases and offer free consultations where we review your case and determine how we can best help you. Call us at 801.500.4000, or fill out the form on our website if phone calls aren’t your thing. Either way, Flickinger Boulton Gooch & Robson is here for you in your time of need. Get started today.
5 Common Things That Cause Bike Accidents
Bicyclists on the road are required to follow the same rules as automobiles, but many factors play into the number of injuries and accidents they encounter. Here’s a look at five common causes of bicycle accidents.
I Had a Bike Accident: What Do I Do?
If you have ever witnessed or been involved in a bike accident, you understand that it can be stressful and traumatic for everyone involved. Even in the best-case scenarios where no one is hurt, the high stress of the situation can feel overwhelming and make it difficult to know how to navigate the logistics. According to the CDC, an average of over 130,000 injuries occur from bike accidents each year. Almost 1,000 of those are fatalities. Both bikers and drivers can take measures to prevent bike accidents, but unfortunately, accidents will still occur. Did you know that legally bicycles and vehicles have the same rights and responsibilities when on the road? So even if you are not a biker, you are just as responsible for the safety of bikers on the road when you are behind the wheel. Tips to Prevent Bike Accidents if You are DRIVING: Drive defensively and obey the speed limit. Slow down for road conditions. Be sure to eliminate distractions while driving. Check your surroundings, especially in parking lots, when you are backing up, or approaching a stop sign. Yield to bikes just as you would yield to another vehicle. Give bicyclists room when you pass. When turning right on a red light, be sure to check your mirrors and look over your right shoulder for bicyclists on the edge of the road or the sidewalk. Tips to Prevent Bike Accidents if You are BIKING: Wear a helmet. Wear attire that helps you be seen like florescent colors or reflective gear. This is even more important at night. Make sure your bike has the correct light reflectors–white for the front and red for the rear. Carry all items in a backpack or securely strapped to the back of the bike so both hands are available to steer and brake. Go with the flow of traffic and obey all street signs and stop lights. Hopefully, you will never have to use this information, but here are five things that you should be sure to do in the event of a bike accident. 1. Call the police If someone is injured, call 911 right away. Communicate your location and the details of the injuries as clearly and specifically as you can. When telling the dispatcher your location, it can be helpful to give more details than just the address. For example, you can say that you are in the northeast corner of the intersection or on the south side of the road in front of the gas station. Stay on the line until help arrives or the dispatcher tells you that you can hang up the phone. If all parties are uninjured, you still should call the police. You can call 911 or use the local non-emergency number. It’s still important to have a police officer respond to the accident in order to file a police report and ensure everyone involved is all right. Police reports are important records of the events and effects of the accident. They are often required for insurance claims or legal processes. In most cases, it is much more difficult to file a report after the fact, so it is better to have one and not need it than to need one and not have it. 2. Document Everything Similar to a police report, documentation can be very helpful in resolving issues that arise from accidents. Take pictures of any injuries and damages that have occurred from multiple angles and from close up and far away. Photos provide evidence and a timestamp of when the accident and damages occurred. This is helpful in case you end up going to court or need proof for insurance companies. You will be required to fill out a summary of what happened as part of the police report, so again, be as detailed as possible. You can request a copy of the police report once the officer has processed it. 3. Get Information from all Parties Everyone who was involved in the accident should exchange information. This includes names, phone numbers, and insurance information; and possibly addresses, emails, or other personal information. This information will also be included in the police report, but you may need access to it before you receive a copy of the report. So it is always a good idea to write down the information or take pictures of identifications and insurance cards as soon as possible after the accident. 4. Seek Medical Care The first concern after an accident should be everyone’s well-being. Paramedics and EMTs can treat you at the scene of the accident and on the way to the hospital. But even if you do not feel you are in need of emergency care, you should still visit a doctor to make sure everything is okay. Urgent care facilities can also be useful to visit in non-emergency situations or if you are not able to get in to see your primary care doctor. Some injuries may not be apparent right after the accident, but a medical professional can rule out any injuries or complications and provide important documentation. Be sure to tell the medical provider you were in a bike accident and follow all care instructions and medical advice that are given. 5. Get Legal Help The cost of personal injuries that occur as a result of accidents can be extremely high and continue for years if the consequences are severe, not to mention the cost of damages to your bike or vehicle. If you feel that you or a loved one were injured in an accident due to another person’s negligence, you may require legal help to get the compensation you deserve. Get in contact with an attorney to review your case and determine if you have a case that could benefit from legal representation. Flickinger Sutterfield & Boulton The team of expert attorneys at Flickinger Sutterfield & Boulton specialize in personal injury law and will review your case for free. They recognize that every bike accident case
Step By Step Legal Process After A Bike Accident
Here are seven steps to take after you’ve been in a bike accident. Taking these steps will help bring about the best-case scenario for collecting damages from the accident.
Types of Accidents: Bicycle Hit and Runs
Bicycle hit-and-runs are one of the most common types of bicycle accidents, but there are steps you can take to protect your rights to justice. The number of preventable bicycle-related deaths has increased by six percent in recent years. Although drivers have the responsibility to stop, some choose to continue driving and leave you to fend for yourself. As a cyclist, you need to know what steps to take after an accident to preserve your legal rights. Bicycle Hit and Run Accidents in Utah A “hit-and-run” is an accident where the driver leaves the scene of the crash. If you have been involved in an accident in Utah, you have a legal obligation to stop at the site and report the incident. Failure to do this can lead to misdemeanor or felony charges depending on the severity of the incident. Bicyclists may file a lawsuit against the at-fault driver to receive compensation for any associated losses. The challenge of bicycle hit-and-runs lies in identifying the offender. If the driver flees the accident, your insurance company will likely be your main source of a settlement. Steps to Take After a Bicycle Hit and Run Incident Each year, about two percent of motor vehicle crash deaths are bicyclists. If you fall victim to this statistic, it’s important to remember to take the following steps: Call the police – Filing a police report is an essential part of receiving compensation for your accident. Even if you believe that you’ll never be able to identify the offender, you should still contact your local authorities as soon as possible after the incident. Record the scene – If you can, you should document as much as possible about the scene. Take pictures of your injuries, the bike, the surrounding setting, and any other information that would be crucial for filing a claim. Look for witnesses – If there were any people around at the time of your hit-and-run, ask them if they witnessed the accident. They might have remembered key information about the driver, vehicle, license plates, or how the crash occurred. Write down their name and phone number and ask them to stay on the scene until the police arrive. Seek medical attention – Even if you were wearing a helmet or other protective gear, bicycle crashes often result in injuries such as broken arms, scrapes, bruises, and more. Small injuries might not seem like a big deal in the moment but could become more severe in the coming days. For this reason, it’s important to seek medical attention for any degree of injury you obtain. Contact your insurance company – Filing a claim with your insurance company is a crucial part of receiving the compensation you deserve. It’s important to inform them as soon as possible. Flickinger Sutterfield & Boulton Can Help If you have fallen victim to a bicycle hit and run accident, Flickinger Sutterfield & Boulton is here to help. It can be challenging to establish fault when the driver flees, but our attorneys can find ways to help you recover the compensation you deserve for your losses. Our offices are located in Provo, Orem, Saratoga Springs, and West Jordan, Utah, and we serve residents in all of the surrounding areas. Give us a call today to get in touch with an accident lawyer that will be by your side every step of the way.
Pedestrian and Bike Accidents: Who’s at Fault?
One of the most overlooked types of accidents happens between pedestrians and bicyclists. People have a hard time believing that pedestrians or bicyclists can cause accidents, but they also share a road with drivers; everyone on public roads has a responsibility to be attentive. Any party could be negligent, it all depends on who is at fault in the event of an accident. To avoid an accident while you are on foot or riding your bike, it’s wise to be aware of Utah’s pedestrian and bicyclist laws. Pedestrian Laws A pedestrian is defined as someone who is walking on foot or using a wheelchair. Utah’s pedestrian laws state that pedestrians must abide by traffic signs and signals that apply to people who are walking. Do not abruptly enter the path of a vehicle. Jaywalking is when you cross at any other point besides the marked crosswalks—this is illegal. When following crosswalk signals, you must wait for the “walk” or walking person symbol to flash to cross the street. Do not walk when the stop hand signal is flashing, unless it starts to flash while you are already crossing the street. If this happens, you have the right of way and you must continue crossing. Yield to all emergency vehicles that are using their sirens. If there are sidewalks available, you must stay on the sidewalks when walking. If there are no sidewalks, walk on the shoulder as far away from the roadway as possible. In the absence of a road shoulder, walk to the far left. Make sure that you are facing traffic as you walk. Bicyclist Laws Bicycles are considered a type of vehicle under the law. As such, bicyclists must obey the same traffic signals as cars. If you plan on riding your bicycle half an hour before sunrise or half an hour after sunset, be aware that these are hours of less visibility. You must make yourself appear identifiable to both cars and pedestrians by wearing either a white headlight, a red taillight, or side reflectors that are visible from 500 feet away. If you are operating a bicycle, you cannot abruptly stop or suddenly decrease speed without first giving an appropriate signal to the bicyclists behind you. The bicycle safety laws spell out a specific hand and arm signals that are to be enforced when you are changing directions or speed. Give a signal at least two seconds prior to changing your movement. Always keep at least one hand on your handlebars. Accidents Between Pedestrians and Bicyclists In the event of an accident between a pedestrian and a cyclist, if there is severe bodily damage or significant property damage, call 911 and request the police or an ambulance. The police and your insurance company will determine who failed to execute their duty of care. A duty of care is a legal obligation that is imposed on an individual to adhere to a set of standards when performing a risky activity. For example, if a bike rider is not using at least one hand on their handlebars and they crash into a pedestrian, the bicyclist is at fault. They will be responsible for the damages because this is negligence. The police will file an accident report. Both parties should exchange personal information. If a few months pass and you haven’t heard about the incident anymore, don’t get too confident. These types of accidents can resurface a few months or even years later, so don’t be caught off-guard if an attorney reaches out to you. If you are a resident of Utah who was recently involved in a collision, contact our injury lawyers at Flickinger Sutterfield & Boulton today for your free consultation. Our experts will advocate for you to receive the satisfactory resolution you deserve.
Laws Protecting Bicyclists
Utah’s Cyclist Laws Can Protect You Utah has taken a leading role in the United States for passing laws protecting the rights of bicyclists on our streets. Some unique cyclist laws include: In a typical year in Utah, more than 20 bikers and pedestrians are killed, and dozens more seriously injured by negligent drivers who fail to recognize the legal rights of bikers on Utah streets. Unfortunately, many drivers fail to properly yield the right of way to bikers. Frequent accidents occur because drivers fail to provide the critical three-foot buffer between themselves and the bike. If you are a bike rider injured in an accident with a car in Provo, Salt Lake City or anywhere in Utah, talk to an attorney at Flickinger Boulton Robson Weeks, in Provo. We are bikers. We understand the laws and the need to protect the rights of people who seek an alternative to car transportation. Hit-and-Run Bicycle Accidents Many car-bike accidents turn into hit-and-run cases when the motorist leaves the scene without providing insurance or contact information. Often, the biker may not think the injury is serious and does not press the driver for contact information. In other cases, the car driver blames the cyclist for the accident and leaves the scene. However, you may be able to make a claim against your own auto insurance company. Under Utah law, your premiums cannot increase for claims that are not your fault. We thoroughly investigate bike accident cases and can often find ways to help you recover insurance money in hit-and-run accidents. Free Consultation and No Attorneys’ Fees Unless You Recover Money Damages We advise and represent clients in personal injury and wrongful death insurance claims cases in Orem, Provo, and communities throughout Utah. Wherever you are in the state, call us toll-free at (800) 898-4878 or contact us by e-mail to arrange a free consultation with an experienced Utah cyclist safety attorney. There are no attorneys’ fees unless you recover compensation in a settlement or jury award. Call for a Free Consultation Call the Utah auto accident compensation attorneys at Flickinger Boulton Robson Weeks locally at (801) 500-4000 or contact us below for a free, no-obligation consultation. Related To This