Despite many cities – including Phoenix – taking steps to reduce bike accidents, the number of bike accident fatalities continue to rise. One reason is reckless drivers. Too often, drivers are speeding, on their phones, or otherwise making the streets unsafe not just for themselves but for other drivers, bike riders, pedestrians, and anyone else on the road. If you have been injured on a bike, contact The Law Offices of Larry H. Parker at 602-340-0030 for a free legal consultation.
Drivers Who Hit Bike Riders in Bike Lanes Are Almost Always Liable for Injuries
Whether or not the driver is held liable for injuries to a bike rider will depend largely on the specifics of their actions. However, California law prohibits drivers from driving in a bike lane. As a result, if a driver strikes a bike rider in the bike lane, that driver is almost always going to be liable for the damages they caused.
It is Up to the Victim or Their Surviving Family Members to Prove the Driver Was Negligent
The victim, or, in the event the victim has died their surviving family members, must prove that the driver was negligent in the accident. This requires first showing that the driver had a duty of care to the cyclist. Drivers typically have a duty of care to other drivers on the road, pedestrians, and cyclists.
Next, it must be shown that the duty of care was breached. This can be done by demonstrating that the actions the driver took that led to the accident. These can vary but could include violating traffic laws, not paying attention to the road, not giving cyclists the legally-required three feet of space, driving while under the influence of drugs or alcohol, speeding, reckless or distracted driving, failing to yield, or running a stop sign.
Some Bike-Car Accidents Are More Common Than Others
Bicycling Magazine completed an exhaustive survey and found that the most common collisions involving bikes and cars were drivers not seeing cyclists and making a left turn into the person the bike (this is almost half of all bike-vehicle accidents), drivers passing cyclists on the left and turning right into the path of the cyclist, motorists opening doors and hitting cyclists (known as dooring), motorists leaving parking lots or driveways into a bicyclist, or drivers hitting people on bikes from behind.
Talk to an Attorney to Determine Your Legal Options
If you have been injured in a bike accident, or you have lost a loved one in an accident, we strongly recommend that you contact The Law Offices of Larry H. Parker at 602-340-0030. We provide free legal consultation for Phoenix residents who have been injured. Contact us now and we can help you find the best way forward.