Bicyclists typically have the same rights and abilities as those motorists that use streets and highways, where they need to observe the traffic laws and rules of the road that involve motor vehicles except stated otherwise.
They’re required to be careful with their own safety, including having some cases for people of their age or similar circumstances.
A car or truck or motorcycle does not have the right of way over bicycles, because they should be careful around bicyclists.
Can they Be Negligent?
That depends if there is an accident that they might be responsible for.
For example, let’s say they turn in front of a car without checking for them at first. That is of course grounds for negligence.
If they don’t pay attention to speed limits and bike lanes, that also applies, especially if their failure to be in the bike lane results in car accidents.
If they aren’t using the correct hand signals too, that also is grounds for negligence, especially if they failed to signal for turns.
Finally, if you’re biking under the influence or intoxicated, then of course that’s negligence.
Usually, in the event that the person riding does file, the reward for damage will be reduced if it’s found to be negligence, and in some cases, they might be prevented from collecting damages period depending on the situation.
What About Kids
If a child is negligent when riding a bike, then their negligence is measured a little bit different. They might be too young to be charged with this, but they should have a parent or someone being mindful of them, and they might et charged.
Typically, they’re only charged with the same care as they would with any prudent person of a similar age or experience.
While the child might have enough judgment for this, they may not be held liable especially if they are believed to not be capable of discretion.
But sometimes, they may put it on the parents, depending on the injuries that are caused in the first place, especially if there was possible negligence that results in property damage of another person.
With bike negligence, it ultimately does depend on what happens in court as well. For some people, negligence may be proven, and it can affect how much you get from damages. In other cases, the negligence is very mild, which of course may result in the same amount awarded in a lot of cases.
The best thing for you to do though in this situation is to obviously document the injuries, get an accident report, see a doctor, and then call a lawyer to help with all of this as well.
Should I see a Lawyer for This
Determining the liability in accidents is not easy, and a lot of times both of the parties are to blame, simply because there is a bit of room for negligence on both ends.
While yes, cars usually have to yield to bikes, if the biker didn’t give proper warning, that may be grounds for negligence.
The best way to handle this kind of situation is to see a personal injury attorney. They can help explain the laws to you, protect your rights, and help to recover damages that’ll protect you from this liability as well. They can help to make sure that you’re not only properly compensated, but also to protect you from the event of liability if there is any chance that the other person may feel that they have a case against you and if there is some kind of negligence of responsibility too.