Who Is At Fault for an Accident Involving a Car and a Bicycle? | Belt, Bruner & Barnett

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Who Is At Fault for an Accident Involving a Car and a Bicycle?

Aug 17, 2018 | Car Accidents

Bicycle riders have very little protection, so when a collision occurs with a motor vehicle, cyclists can be severely injured. Although the results can be devastating, many car vs. bicycle accidents can be prevented. If you or a loved one has been hurt in an incident involving both a car and a bicycle, contact a personal injury lawyer right away. The skilled attorneys at Belt, Bruner, & Barnett P.C. understand that you may be unsure of what to do next. For help with your case, call us today at (205) 933-1500, or reach out through our contact form.

Understanding Liability in Personal Injury Accidents

Personal injury cases are often based on negligence. An individual is negligent when they have a duty, such as that to adhere to a law, and they breach that duty – either by action or inaction. When a person is negligent and causes an accident that results in property damage or injuries, they can be held legally liable for losses associated with their negligence.

An example of negligence would be when a car fails to follow the law and stop at a stop sign at an intersection. They had a duty to follow the law, and they breached that duty. Thus, they are negligent. However, they are not legally liable for personal injury damages unless they are directly responsible for causing harm or losses to another person. If they fail to stop at a stop sign and hit a bicycle rider, then they would be legally liable for the economic and non-economic losses incurred by the cyclists.

Contributory Negligence in Car vs. Bicycle Accidents

Alabama law applies the theory of contributory negligence in personal injury cases. Contributory negligence occurs when an injured person was also partially responsible for their accident. Therefore, both parties involved contributed to the cause of the incident.

If you’re in any way responsible for your car vs. bicycle accident, Alabama prohibits you from recovering any compensation. It is important to work with a bicycle accident lawyer who understands the law, can show you were not at fault for your situation, and that someone else should be held liable.

Determining Fault

The individual who is at fault for your incident is the person who had a duty and failed to uphold that duty. When determining responsibility, it’s important to determine what happened and who may have breached their duty, thereby acting negligently. In Alabama, bicycles must follow many of the same laws as cars. If a cyclist violates the law, they may be at fault for an accident. Depending on the circumstances of your situation, either the cyclist or car driver could be held liable.

Call Belt, Bruner, & Barnett P.C. for Help

If you’re suffering from injuries incurred in a car vs. bicycle accident, an attorney can help you determine who may have been negligent in your case. Belt, Bruner, & Barnett P.C. has worked with many clients who were in car accidents where liability was confusing. We understand the laws in Alabama, and we’re prepared to use that knowledge to help us fight for the compensation you deserve. To schedule a free case consultation, contact us today at (205) 933-1500.