There is a near-endless number of scenarios that can occur during an accident that can complicate the way a case proceeds. As one example—a driver may hit a cyclist while the driver has the right of the way, which may lead to questions about liability.
So what would happen in this example scenario?
Right of way and liability
In such a case, the driver usually would not be considered at fault for causing the accident if they had the right of way. Liability hinges on whether a party violated a rule of the road, and if a driver proceeds without having the right of way they have generally violated one of these rules.
When on the street, bicyclists have the same rights and responsibilities as motorists, and the bikes are considered “vehicles” in the same way of cars. Bicyclists are responsible for yielding the right of way to other vehicles in the same way a driver of a passenger car would.
This means a bicyclist is not allowed to breeze through a red light or stop sign, even if no one is present, if they are on the roadway. That would be considered a violation of traffic law. It doesn’t matter that it’s not technically a car—the rights and responsibilities are the same.
Bicyclists are no longer considered to have the same rights and responsibilities as motorists when they are on sidewalks walking or riding their bikes. They then have the same rights and responsibilities as pedestrians.
For more information about liability for bicyclists and how these issues could affect your injury claim, contact an experienced Bradenton, FL accident attorney at Godlman, Babboni, Fernandez & Walsh.