Bike Accidents Claims Difficult to Prove
Cyclists often complain that motorists do not respect bicycles on the road. Motorists counter that cyclists do not follow the traffic laws that all persons using the streets are supposed to follow.
In a recent news story, an accident (tragically) fits right into the debate. A university cyclist was hit by a bus making a turn while in a crosswalk; however, cyclists are supposed to get off of their bikes in a crosswalk and walk across the street. The cyclist involved in the accident was confirmed to have been on her bike while she was traveling to the other side. So who is liable?
These are the predicaments that insurance companies must decide each and every day. They comb through the details of the accident, determining who should be held accountable for the injuries/damage that occurred from the accident. Professional accident investigators go to the scene of the accident, recreating the reported details from the police investigation. After all of this concentrated effort, someone will be held liable. However, bikes accidents are much harder to recreate than traditional motor crashes. Motor accidents have clearly defined damages that are easily distinguishable. However, when a bike is hit by a vehicle, the damages are not so obvious because a bike doesn’t dent like a car. So proving that a bike was hit in a specific area at a specific speed is difficult to prove. Damages are clear indicators that help show liability, but when damages don’t exist there is a lot less to go on.
Traffic laws are created to keep people safe. When they are broken, those who break them open not only themselves up to danger, but endanger other motorists as well. If a cyclist tries to dart across an intersection when it is not their turn, motorists use this as a case-in-point to their frustrations concerning cyclists and how they abuse the traffic system. Cyclists who traverse roads on red lights or refuse to stop at stop signs tell motorists that bicycles are above the law.
It could be said that cyclists who do this do not respect the rules of the road, and therefore should not be allowed to use the road. However, drivers who are not attentive to the road or to their cyclist counterparts could place the blame of an accident on a cyclist when in reality it was their own fault. This is why insurance companies have such difficulty placing accident blame when a cyclist is involved, because in situations where there were no key witnesses, proving fault is much more difficult.
Fighting for Full & Fair Compensation with Our Firm’s Help
If you or a loved one has been injured in a bus or cyclist accident, you may be entitled to receive compensation for your injuries. At Arnold & Itkin, we fight for people who have been wronged. We want to make sure that people who are injured for no fault of their own receive just compensation to cover those injuries. We are ready to hear your case! Our bicycle accident attorneys are waiting to evaluate your situation, free of charge.
If you are ready to speak to an attorney, call (888) 493-1629 for a free consultation. With our firm, you don’t pay unless you receive compensation!