May is National Bike Month, an important opportunity to reflect on all of the advantages that come along with biking, from physical benefits such as improved cardio fitness to ecological benefits like reducing your carbon footprint. More people in America are ditching their cars in favor of bikes as a mode of commuting.
Yet, as biking becomes increasingly popular, so too will encounters between bikes and automobiles become more common. At The Oakes Firm, our personal injury attorney near Philadelphia understands that although bicycling is liberating, there are always dangers when not enough infrastructure and driver education catch up with interest.
A bicycle and car accident is an unfortunate reality of the physics involved. Cyclists have nothing but a helmet and reflexes against a vehicle which can weigh thousands of pounds. Due to this dangerous situation, there are particular laws protecting bikers. Knowing what legal rights you have as a cyclist is crucial. This month, we explore the legal aspects of "Bicycle vs. Car" incidents and what you need to know about them.
The Legal Status of a Bicycle: Vehicles, Not Pedestrians
One of the most important legal facts that a cyclist should be aware of is that the bicycle is legally viewed as a vehicle in virtually all states. This implies that cyclists can enjoy many of the same rights and bear many of the same responsibilities that motor vehicles must uphold. You have the right to use the road, but at the same time, you are subject to traffic lights, stop signs, and directions just like the cars.
On the other hand, the majority of motorists and even policemen often assume that a bicycle is a second-class road user and that not noticing a cyclist is always an excuse. However, from the legal point of view, such assumptions may be unfounded since motorists have the "duty of care" to look around and see everything.
Key Legal Protections for Cyclists
- The "Three-Foot" Rule: More than 35 states have enacted laws requiring motorists to give cyclists a minimum amount of space when passing; usually three feet. Some jurisdictions are pushing for five feet. If a driver "brushes" a cyclist or passes so closely that the wind gust causes a fall, the driver can be held liable for negligence per se, as they violated a specific safety statute designed to protect riders.
- Safe Passage and Right of Way: Cyclists have the right to occupy the lane when it is unsafe to ride to the far right due to debris, "dooring" risks, or narrow lanes. When a cyclist is "taking the lane," a motorist must wait until it is safe to pass. Impatient honking or aggressive "punishment passes" are not just rude; they can constitute reckless driving or even assault in some jurisdictions.
- Vulnerable Road User (VRU) Laws: A growing number of states are passing VRU laws. These statutes increase the penalties for motorists who injure or kill "vulnerable" users, including cyclists, pedestrians, and road workers. These laws shift the legal focus toward the heightened responsibility of the person operating the more dangerous machine.
Common Scenarios and Liability
Liability in a bicycle accident often hinges on the concept of negligence. Did the driver fail to act as a reasonably prudent person would under similar circumstances?
- The "Left Cross": This occurs when a motorist turns left in front of an oncoming cyclist. Drivers often misjudge the speed of a bicycle or simply fail to look for anything smaller than a car. In nearly all cases, the motorist is at fault for failing to yield the right of way.
- The "Right Hook": A motorist passes a cyclist on the left and then immediately turns right across the cyclist’s path. Even if the driver used a turn signal, they have a duty to verify the path is clear before turning.
- "Dooring": This happens when a driver or passenger opens a car door into the path of a cyclist. In many states, the person opening the door is strictly prohibited from doing so until it is reasonably safe.
The Challenge of Comparative Negligence
One of the biggest hurdles in bicycle litigation is the attempt by the defense to shift blame onto the cyclist. They may argue that the cyclist wasn't wearing high-visibility clothing, wasn't using lights, or was "weaving."
Depending on your state, "Comparative Negligence" rules apply. If a jury finds a cyclist 20% at fault for a violation, their total compensation could be reduced by 20%. In "Contributory Negligence" states, even 1% of fault can bar a cyclist from recovering anything. This is why meticulous evidence collection and professional legal representation are vital.
What to Do After a Collision
If you are involved in a collision with a car, your priority is safety, but your secondary goal is protecting your legal rights:
- Call the Police: Verify a formal accident report is filed. Do not let the driver talk you into "settling it privately."
- Seek Medical Attention: Adrenaline masks pain. Internal injuries or concussions may not be immediately apparent. A medical record created shortly after the crash is vital evidence.
- Gather Information: Get the driver's license, insurance, and license plate. Take photos of your bike, the car’s position, and your injuries.
- Preserve the Evidence: Do not fix your bike or wash your clothes. Your damaged equipment is "Exhibit A" in proving the force of impact.
- Do Not Admit Fault: Avoid saying "I'm sorry" or "I didn't see you either." These statements can be used against you later by insurance adjusters.
Call Your Cycling Advocates
We understand the nuances of bicycle law, from analyzing GPS data to prove speed and positioning, to consulting with accident reconstruction experts who specialize in two-wheeled physics.
If you or a loved one has been injured while cycling, don't navigate the insurance maze alone. Insurance adjusters often have a bias against cyclists, viewing them as "risk-takers." We are here to flip that narrative and work so you receive the compensation you deserve for medical bills, lost wages, and your pain and suffering. Contact The Oakes Firm today!
