What if the Bicycle Accident Occurred in a Crosswalk or Intersection?

In situations where a bicycle accident occurs at an intersection or in a crosswalk, the details will determine who is responsible for the losses. 

When a bicycle accident occurs, the details of where the rider was, where the car was, and what occurred can impact a victim’s ability to recover damages. Because of the complexity of cases like this, it is critical that you have a Sacramento bicycle accident lawyer working by your side to protect your right to compensation.

Who Is Responsible for a Bicycle Accident that Occurs at an Intersection?

Most bike riders spend only a small amount of time crossing intersections, but these are among the most dangerous areas for riders when drivers are not paying attention. In some cases, the vehicle that strikes bicyclists is responsible for the injuries they cause, but this depends on the circumstances. Some of the most common reasons for bicycle accidents at intersections include:

• The car did not slow down soon enough.
• The driver of the vehicle was not paying attention and failed to see the bicyclist.
• The bicyclist was in the intersection when the vehicle had the right of way.
• A car was turning, and the person on the bike who had already entered the intersection was not seen.
• The weather conditions, even bright sunlight, made it hard for the two to see each other.

The evidence in these situations ultimately determines who is responsible for the losses. If the bike rider was not where they should be and the driver had no time to stop or prevent the injury, there may be questions about the driver’s responsibility. In other cases, the driver is fully at fault for failing to see the bike rider because they were on their phone or speeding.

Does a Bicyclist Have the Right-of-Way in a Crosswalk?

One of the most common questions in a situation like this is who has the right of way, the bike rider or the vehicle. In most situations, a bike is considered a vehicle, which means it must abide by the same rules as any other driver, including how to move through intersections. This does not mean that a car driver can just strike a person on a bike, but it can play a role in liability.

Like all motorists, cyclists must meet the obligation to operate safely on the road, including at crosswalks and intersections. The right-of-way is dependent directly on the rules of that roadway for bicyclist and pedestrian safety. If both vehicles come to a stop at an intersection at the same time, the one on the right has the right of way.

If there is a traffic signal, both vehicles must abide by it. The complication comes when the signal does not detect the bike and does not turn for the bike rider. In this situation, the cyclist must wait until it is safe to cross the road at the intersection before moving on.

Can a Cyclist Ride a Bike in a Crosswalk?

The general rule is that cyclists must abide by the same rules as vehicles, meaning they should yield to pedestrians at crosswalks. It is not legal in most cities to ride in a crosswalk. In the ideal situation, the cyclist crossing at a crosswalk must dismount and walk their bike across the street.

There are times when a cyclist may not be able to seek compensation for their losses if they were operating a bike illegally. This will get pushback from the driver and the insurance company. That does not mean a serious accident in a crosswalk between a vehicle driver and a bike rider will automatically eliminate any liability for the motorist.

When the driver operates the vehicle in an unsafe manner, such as running a red light or entering a crosswalk at a stop signal, another level of risk is created. In these situations, the driver could be partially at fault. In California, where comparative negligence exists, they may be held responsible for some percentage of the risk. 

What If I’m Partially at Fault for the Bike Accident?

Comparative negligence means that both parties had some role in the accident and are partially at fault. Under the state’s laws, those who have some level of fault will see their liability claim reduced by the percentage of fault they maintain.

California is a pure comparative negligence state, which means you have the right to seek compensation even if you are partially at fault. However, the value of your claim will be reduced by the percentage of fault attributed to you. For example, if the police find that you are 25% at fault, your claim is lowered 25% from what all of your losses are.

Our legal team works with you to maximize your claim, and that means demonstrating you are not at fault in any way, if possible. In each situation, we will seek evidence to demonstrate what your losses are and then help you build a claim that represents the maximum amount owed to you. If you hold any fault, do not simply settle. Let us investigate your case.

Why Intersection Accidents Are Challenging for Bike Riders

All intersections create risks for those who pass them, whether you are on a bike or walking. In these situations, most pedestrians and bicyclists take every step they can to ensure their safety before crossing the roadway. There are several factors that make this challenging, and as a result, could be reasons why the driver is at fault. That includes:

• Driver distractions caused by looking at a phone, eating, or setting navigational devices
• Fatigued drivers who are unable to focus on roadway conditions may fail to look first
• Inexperienced drivers who may not know how to interact with a bike on the roadway, and may even be unsure who has the right of way
• Signal issues, including errors in the mechanical components of the signals that create confusion for the driver or the bike rider
• Aggressive drivers, including those speeding or failing to stop fully at lights or stop signs before proceeding
• Intoxication from drug or alcohol use makes it hard to judge distance

In each one of these accidents, victims suffered serious injuries and losses because of the actions of the driver. If you can demonstrate that the driver was engaged in any of these issues or that another party was responsible, you can seek compensation for your losses. 

You can expect our crosswalk accident lawyer to fight for you to receive fair compensation in these cases. We will aggressively seek evidence to demonstrate that the other party was not abiding by the rules of the road, and that is what led to your accident and injuries.

How We Build Your Case

In a crosswalk accident involving a bicycle, evidence can prove to be vital in proving what your rights are following the accident. We will seek documentation from as many resources as possible to build your claim for you. 

Examples include traffic and dash camera footage, witness statements, police reports, images you take at the scene, and accident reconstruction services. All of these details help you to build a clear picture of the fault.

How a Bicycle Accident Attorney Can Help You

The complexity of bike-vs-car accidents, especially those occurring in intersections or crosswalks, makes it imperative that you work with a bicyclist accident attorney. Our attorneys will provide you with guidance on obtaining compensation based on the specifics of your situation. There are multiple ways we can help you:

• Gather evidence to prove you were not at fault. When this is possible, it is critical to have this data to support your claim.
• Negotiate with insurance companies to maximize the compensation you receive. Providing that evidence helps with this.
• Working to fight for a reduction in any fault assigned to you so that you can claim more of the losses you have.
• Provide you with legal guidance on your legal rights to any compensation based on how damages are calculated in personal injury claims, including medical bills, lost time at work, and property damage.
• Fight for you in court if you cannot get the insurance company to settle your case.

Our bicycle accident attorneys have experience you can rely on. We listen, find any available evidence, and fight for our clients. All you have to do is focus on healing. Review our FAQs to learn more.

Set Up a Free Consultation with Our Bike Accident Attorneys in Sacramento Now

At Triumph Law, we are committed to providing our clients with exceptional support and guidance. Let us help you determine who is responsible for a bicycle accident that occurs in a crosswalk or intersection, in your case. Call us now to set up a free consultation.