A collision between a bicycle and car has many of the factors that exist in an auto accident. Indeed, the primary question would be the same: Who was at-fault?
Possible evidence of motorist’s negligence
• Failure to obey a specific traffic law, such as exceeding the speed limit, turning a corner from the wrong lane or going through a stop light.
• Failing to signal before making a turn
• Evidence of neglect on the motorist’s part, such as a citation from an officer, due to the fact that the motorist’s vehicle had a malfunctioning rear light.
Possible evidence of negligence on the part of the person riding the bicycle
• Failure to obey all traffic signs, such as STOP, YIELD, or DO NOT ENTER, at the entrance to a street or alleyway.
• Riding outside of the bike lane, when taking the bicycle into the street; riding on the sidewalk, or riding on the left-hand side of the roadway, prior to making a left-hand turn.
• Riding along the side of car doors, which could be opened by one of the vehicles’ drivers.
• Accepting a passenger, and having that passenger sit on the rim of one of the bicycle’s wheels.
Bicycles were not designed for the purpose of carrying an extra rider. The rider’s legs might get caught in the spikes.
What rules determine the size of any compensation package that might be granted to the rider of the bicycle?
Even if the motorist were to claim that the same rider had been guilty of comparative negligence, that same rider could still receive some money, as per personal injury lawyer in London. Yet, if the bicycle and the auto had collided in a state that adhered to the principle of contributory negligence, the bicycle rider could not receive any money, in the event that he or she had been guilty of contributory negligence.
The standards for an adult rider are not the same as the standards for a child that is riding a bicycle. If a state has a rule about wearing a helmet while riding a bicycle, the enforcement of that particular rule might be different for children and adults.
The motorist that knows or suspects the existence in the area of children on bikes must proceed with a level of extra care. Still, the law does not indicate how or why a motorist might suspect the existence near-by of children on bikes. Some motorists assume that a parent walking with a child should take steps to warn drivers about the existence of one or more children on bikes.
Yet in some states, drivers are supposed to slow down, when passing a school during school hours. The sign that signals the existence of a nearby school is supposed to let drivers know to slow down.