Rules of the Road with Bicycle Accidents

Bicycle accidents can be very significant.  When a 2 to 3 ton vehicle hits a bicycle, the result can be devastating, resulting in very serious injuries, including fractures, dislocations, and spinal injuries, and of course death.

DMV Rules of the Road

Most drivers of automobiles, and some bicyclist, are unaware that a bicycle rider is required by the DMV to comply with the same rules of the road (i.e. the Vehicle Code) as a motor vehicle.  For example, bicyclists are required to ride on the same side of the road automobiles, and are not permitted to ride on sidewalks.  They are not allowed to ride on the wrong side of the road, facing traffic as they pedal, even though many (and maybe most) bicyclist do this, and also feel it is safer.
Many of these bicycle accidents can be avoided, and it is argued that the motor vehicle operator is the one that must be on the look out for the bicyclist, because even they know that bicyclist often ride on the “wrong side” of the road, or on a sidewalk.  Since many do not know that it is “illegal” to ride on the sidewalk, and they know that many bicyclist ride on the side walk, the motor vehicle operator must be ever vigilant, just as they would if it was a pedestrian on the sidewalk, or in the road.

A motor vehicle operator has the same duties to all, including bicyclists, and that duty is to maintain a proper lookout for all pedestrians, bicyclists, and vehicles, and if they had looked, then they should have seen the bicyclist.
Jurors often understand that when there are no bike lanes (and they are too often absent), then it is safer for the bicyclist to be on the side walk.

Bicycle Accident Reconstructionists

There are recognized experts in this field that are retained to provide an opinion as to the negligence of the motor vehicle operator.  The bicycle accident reconstruction expert needs to be  retained early on, as too often the accident scene is changed.  It is his job to “reconstruct” the accident, and provide an opinion as to the failures of the motor vehicle operator.  An animation can be produced which can be very effective is showing how the accident could have been avoided if only the motor vehicle operator had acted reasonably.

Accident Report – Be careful in what you say

We have handled many of these kinds of cases, and have contact with the industry recognized experts.  When you are involved in one of these accidents, you must not discuss the facts of the accident with anyone, and particularly not with the insurance company adjuster.  Too often what is said is in error, and it is very difficult to “un ring” the bell.   The statement that is given to the investigating police officer also often contains mistakes, principally due to the fact that you have been involved in an accident, and things are said that are in error.