Determining Fault When a Car and Bicycle Collide

In 2022, 1,084 bicyclists were killed in vehicle crashes. When a car and bicycle collide, determining fault is a matter of examining who acted negligently. Since motor vehicle crashes can be complicated, determining fault is not always clear. In some cases, fault may be shared between the motorist and the bicyclist.

In this blog, our Pottsville personal injury attorneys discuss how negligence is established and how damages are calculated when both parties are partially at fault.

Proving Negligence

Both motor vehicle and bicycle accidents are often the result of someone failing to use reasonable care. This failure to exercise reasonable care is known as negligence. For a plaintiff (the injured party seeking compensation) to establish negligence, the following elements must be satisfied:

• Duty of care: Vehicle drivers and cyclists have a duty to follow traffic regulations.
• Breach of duty: The vehicle operator or cyclist failed to follow the traffic laws (such as running a red light, not stopping at a stop sign, fail to yield right-of-way).
• Causation: The wrongful party’s action or inaction was a major contributor to the plaintiff’s injuries.
• Damages: The plaintiff suffered lost income, medical expenses, and other measurable losses.

Bicycle Laws in PA

Under the 2012 Pennsylvania law, drivers and bicyclists must adhere to the following:

• Drivers must provide a four-foot cushion between their vehicle and the bicyclist.
• Drivers turning left must yield right-of-way to bicyclists traveling in the opposite direction.
• Bicyclists must make all reasonable efforts to prevent impeding the flow of traffic, even if there is only one travel lane.

When is a Motorist Considered at Fault?

A motorist will be found liable in the following circumstances:

• If the motorist fails to yield right-of-way to a bicyclist.
• If the motorist opens their car door into the path of a bicyclist.
• If the motorist is passing a bicyclist from behind, not giving four feet of space.
• If the motorist is tailgating the bicyclist.
• If the motorist is driving in the designated bike lane.

When is a Bicyclist Considered at Fault?

A bicyclist will be found liable in the following circumstances:

• If the bicyclist is traveling against traffic (instead of with traffic).
• If the bicyclist swerves into a car’s path.
• If the bicyclist is riding at night without reflectors.
• If the bicyclist has earbuds in or is otherwise distracted, not paying attention to traffic.
• If the bicyclist is ignoring traffic signals.

Comparative Negligence

It is often difficult to determine the fault in a traffic collision between a car and a bicycle. For instance, if a driver takes a left turn into a motorcyclist’s path, it would appear that the driver is 100 percent at fault for the crash. However, if the motorcyclist were listening to music, the rider’s distraction would need to be considered when determining liability.

In these situations, the doctrine of comparative negligence or comparative fault would be applied. The law apportions fault to each party, reducing each person’s damages based on his or her degree of fault. So, in the above example, it may be determined that the car driver is 80 percent at fault and the motorcyclist is 20 percent at fault. In comparative fault, each person’s claim would be reduced by those percentages, respectively.

Speak with a Pottsville Personal Injury Attorney Today

When a car and bicycle collide, the injuries are usually catastrophic for either party. If you have fallen victim to a traffic collision, our Pottsville personal injury team is ready to help you recover just compensation. To learn more, contact us by calling (570) 622-2455 or by filling out our online contact form.