Can a Cycling Violation Jeopardize Your Personal Injury Claim?

When you are hit by a car when riding your bike, the insurance provider will do everything they can to limit their liability so they do not have to compensate you for your injuries. One strategy is to accuse you of not following the rules of the road.

Comparative Negligence

Whether you were following the law when cycling matters because you may have your settlement reduced if you are considered partially responsible for the accident. In some cases, the insurance provider of the at-fault driver may try to have your claim denied entirely. Therefore, if you want to maximize your settlement, you'll need to speak to a personal injury attorney about whether you violated the law and how to handle your case. 

Rules of the Road

Here is a look at some of the rules of the road and how to respond when they're used against you. 

  • As a cyclist, you should yield to pedestrians or anyone else on the roadway. However, your personal injury attorney might argue that you had the right-of-way after gathering evidence from the scene of the accident. 
  • You must drive in the same direction as traffic and you should not drift into other lanes. However, if you were hit while you were in the bike lane, your personal injury attorney will have an easier time arguing that the driver was at fault.
  • You must obey all of the same traffic lights and signals. If there is a dispute over whether the light was red or not, you may need to obtain surveillance footage with the help of a personal injury attorney.

If You Get a Ticket

You may receive a ticket if the police are involved during the incident even if you are injured in the accident. While you may need to pay for the ticket, your ticket may not necessarily become a factor in your case. If your case goes to trial, the ticket might not be admissible in court.

The Law Might Be Irrelevant

If the traffic violation did not contribute to the accident, and the other driver was negligent, you may still be entitled to full compensation for your injuries. Your personal injury attorney will locate and interview witnesses so they can testify to your version of events and how the other driver drove in a reckless manner.

You might have done everything possible to avoid your accident. For example, you might have worn brightly colored clothing and you might have been riding your bike in the most predictable manner possible. The facts of the case will determine if you are at fault for the accident.

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