Even a collision at low speed could lead to serious injuries if a cyclist was involved. Since cyclists have very little protection against an impact, they are likely to suffer broken bones or even head injuries. If you were involved in a collision with a cyclist, you should take the time to consider all factors relating to the incident before coming to a conclusion regarding which party is liable.
If possible, gather as much evidence at the scene after the accident takes place — even if all you can do is grab a few photos. You should call the police and take as many photos of the scene as you can. You should also gain the contact details of any witnesses.
Assessing who is liable for a wreck
Regardless of whether you were the cyclist or the driver of the vehicle, you will need to consider whether you think that you caused any part of the accident. You should consider whether you were responsible for any negligent behavior. For example, if you were engaging in distracted driving (or distracted cycling) immediately before the collision occurred, you may have played some role in the wreck.
Additionally, you should consider whether the other party exercised negligent behavior leading up to the incident. If they were responsible for causing the accident (which may be indicated in the police report), this may help you to recover damages for your injuries, suffering and other losses.
If you have recently been in a motor vehicle accident involving a cyclist, remember that the driver of the passenger vehicle can not automatically be presumed to be at fault. Every situation is unique, and liability may be unclear or shared. To get help assessing your legal rights, turn to an experienced advocate today.