Traffic Accidents FAQ

Questions:

• What should I do if I'm involved in a traffic accident?
• What determines who is at fault in a car, truck, motorcycle, or bicycle accident?
• Can I be found liable if my car is rear-ended in a crash?
• Is a car making a left turn always at fault in an accident?
• What if one of the accident victims was also at fault?
• If a motorcyclist isn't wearing a helmet, can they still recover for injuries caused by another driver?
• If I am the victim of a trucking accident, who can I sue?
• If a bike and car collide, who is at fault for the accident?

Answer:

If a bike and car collide, who is at fault for the accident?

Bicycles are considered "vehicles" in almost every state's official traffic or vehicle code. This means that cyclists must follow the same rules of the road that apply to cars, trucks, and motorcycles. In an accident between a car and a bicycle, fault is determined by the general principals of negligence. Bicyclists will not normally get a break just because their "vehicle" is smaller and powered by human legs. For example, if a cyclist runs a red light and is hit by a car that entered the intersection legally, the cyclist will most likely be deemed negligent and be unable to recover for their injuries. To learn more about liability for accidents involving bicyclists and cars, see Nolo's article Bike Accidents: Collisions With Cars at Intersections.