Bicycle Accident Attorney Bob Mionske explains:
A collision with an automobile is the greatest fear most people have about cycling; in fact, the fear of a collision with an automobile is the single greatest impediment to getting more people on bikes—many people want to ride, but don’t feel safe when bicycle infrastructure is inadequate or nonexistent. Although a collision with an automobile is the greatest hazard cyclists face, the good news is, it’s a relatively uncommon occurrence.
Most bicycle accidents are actually solo accidents involving a defect or some other hazard in the road or trail. Additionally, in most accidents, the rider is a child. In short, collisions between adult cyclists and automobiles are relatively rare occurrences. In fact, bicycling is not only one of the most popular physical activities you can enjoy, it is also one of the safest physical activities there is.
Occasionally a cyclist and an automobile will collide. Regardless of whether a bicycle accident is a solo accident, or involves a collision with an automobile, the accident is usually the result of somebody’s negligence (“negligence” is another way of saying “carelessness”). In a collision between a bicycle and an automobile that was the result of somebody’s carelessness, the accident could be the fault of the driver, the cyclist, or both the driver and the cyclist. However, most collisions between cyclists and motorists are due to the driver’s negligence.
Other causes of bicycle crashes involve negligence on the part of the local government responsible for the condition of the roads and trails, or failure of a bicycle or bicycle part due to negligence. And sometimes, a cyclist crashes with another cyclist, a pedestrian, or a domestic animal. In all of these types of crashes, somebody is typically at fault for causing the crash, and the cyclist is entitled to be compensated for his or her injuries if the crash occurred due to another person’s negligence. Because somebody is usually at fault in an accident, many cyclists prefer to call accidents “crashes” or “collisions,” instead of “accidents,” because they believe that the word “accident” means that nobody is to blame. In fact, “accident” simply means that the crash wasn’t the result of an intentional act—it wasn’t done “on purpose.”
Even so, although it is “an accident,” the crash is almost always the result of somebody’s negligence. If a cyclist is injured due to somebody else’s negligence, the cyclist has a legal right to be compensated for his or her injuries. Even if the cyclist may be partially negligent, the cyclist may still be entitled to compensation if the other person is also partially negligent. Negotiations with the driver’s insurance company will always focus on which party was negligent, and to what degree. If the cyclist and the insurance company can agree on the question of negligence and the amount of damages, the case will be settled. If they cannot reach agreement, it will be necessary for the cyclist to prove that the driver was negligent in a court of law in order to recover compensation for the injuries received.
Because the cyclist has the right to legal recourse in the courts, the vast majority of injury cases are settled out of court. However, because the legal and accident forensics issues can be complex, cyclists who have suffered anything more than very minor injuries should always discuss their case with an experienced Oregon bicycle accident attorney before talking with the driver or the driver’s insurance company.
What to do if you are involved in car-on-bike accidents and other crashes where somebody else may be at fault
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