In many bicycle accidents, the cyclist is on the road and struck by a motorist. This usually means the vehicle driver is at fault for causing the collision.
However, in some cases, there can be more than one negligent party or cause for the accident.
Who Else Might Be Responsible for Your Bicycle Crash?
If you were injured in a bicycle accident, it's important to identify all the potential at-fault parties so you file claims with the right insurance companies.
All motorists must share the road with cyclists. Speeding, not yielding the right of way, opening a vehicle door into an oncoming bicycle, and distracted driving are just a few of the ways people cause catastrophic bicycle accidents.
Like motorists, cyclists must follow traffic laws and must not make unsafe lane changes, cut off drivers, or use their cellphones while riding. A bicyclist’s compensation may lower if he's partially to blame for the accident.
In Missouri, a cyclist’s compensation will be reduced by his proportionate of fault in causing the collision. In Kansas, this would also be true if he's found to be less than 50 percent to blame. However, he would be barred from any recovery if he's 50 percent or more at fault.
Pedestrians must obey right-of-way laws when crossing streets at crosswalks and other intersections. If they cross in the middle of the street or on a “Do Not Walk” traffic signal or step in the path of an oncoming bicycle, they could be found responsible for injury compensation.
When municipalities fail to maintain roadways properly, they present hazards for bike riders. Some of the dangers that lead to bicycle accidents include:
- Asphalt cracks and potholes
- Debris left in the road
- Uneven pavement
If a bicyclist suffers injuries due to a road defect, he may have a claim against the municipality responsible for road maintenance. However, he may need to comply with shorter notice deadlines and other procedural requirements when pursuing his right to compensation.
In some cases, the cause of the accident is due to defective bicycle parts, such as the tires, chains, or brakes, which fail and cause the rider to lose control. The negligent party in this situation would be the manufacturers of the defective part or the bicycle.
Were You Injured In A Kansas City Area Bicycle Accident?
If you were injured in a bicycle crash, you need to speak with an experienced accident lawyer as soon as possible. Contact us online, or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.