When a car-bike collision occurs, there’s a chance that the impact would be severe. It could cause severe injuries to both the biker and the motorist. Although car accidents are more prevalent, accidents occur between bikes and cars every year. People often assume that the motorist must be at fault because their vehicle is bigger. However, that’s not always the case, as bikers sometimes break the law with their negligence.
If you suffer injuries in an accident between a bike and a car, you might be confused about who is at fault and if you can pursue damages. Determining fault in a car-bike accident is essential because you might be entitled to some compensation. Keep reading to determine how you can find out who’s at fault in a car-bike accident in Griffin.
Who Is Responsible for a Car-Bike Collision?
When there’s a car-bike collision, any of them could be at fault. There’s no presumption about who is at fault simply because of the size of their vehicle. The person responsible for the accident is the negligent person.
Negligence is when someone fails to act reasonably as an average person would act in the same situation. In traffic accidents, the party who violated the rule of the road is the negligent party. When you violate laws by running a stop sign, speeding, or failing to signal when turning, you could cause an accident.
When Is the Motorist at Fault in a Car-Bike Collision?
Motorists must follow traffic rules like exercising due care around bikers. Sometimes, this means yielding the right-of-way when necessary and giving clearance when passing. The motorist is at fault when practicing reckless driving, like driving too close to the biker or refusing to yield the right-of-way to a biker who’s crossing the street. Reckless driving is also making maneuvers and turns without looking for others on the road.
When a driver also indulges in distracted driving or drives under the influence, it could lead to a car-bike collision. Distracted drivers could fail to see a bike crossing an intersection. Additionally, when under the influence, a driver’s senses are impaired, and they could make terrible mistakes. In car-bike accidents where drivers do not exercise due care, they’re liable for the damages because their actions contributed to the collision.
When Is the Biker at Fault in a Car-Bike Collision?
Just like motorists, bikers also have to follow the road rules. Traffic laws are pretty clear on how bikers should use the designated bike lane when possible. In other situations, they can ride near the right-hand side of the road. This could be near a curb or along a right-hand shoulder. As a biker, you must follow traffic signals. Bikers usually have poor visibility and are at a higher risk of accidents with a car at night.
According to the National Highway Traffic Safety Administration (NHTSA), bikers’ death happens more frequently around 6 pm and 9 pm. That’s why bikers should equip their bikes with front and rear lights when riding at nighttime. If a biker breaks traffic laws or doesn’t take the proper precautions to remain visible for riding at night, they’re liable for the car-bike accident.
Can I Receive Compensation if a Bike Hits My Car While I Was Driving?
If you suffered injuries in a car-bike accident, you’re entitled to compensation based on the circumstances around the case. Motorists have as many rights in car-bike accidents as in car accidents. If you were not at fault for the collision, you could file a claim against the biker that hit you.
On the other hand, if you were partly at fault for the accident, you might still be able to receive compensation. This means that although you contributed to the collision, the biker is mostly at fault. Because of comparative negligence laws, you could still make a claim against the biker. However, the court will cut down your compensation in proportion to your level of fault.
Call a Car Accident Lawyer in Griffin Today!
If a reckless biker injured you, then you deserve compensation. The best course of action is to get Griffin’s best car accident attorney to represent you. Our experts will ensure you get the best outcome out of your case. We always conduct a thorough investigation to discover the underlying cause and who’s liable.
If we find out that the other party was at fault in the car-bike accident, our car accident attorneys at The Weinstein Firm will represent you during the claim process. Reach out to our law firm to schedule a free initial consultation.