Bicycle Accident Injury – How to Determine Liability

November 5th, 2010 by Farhan Naqvi in Nevada Personal Injury Information

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

People in Clark County, Pahrump, and Summerlin  love to ride their bicycles. The abundance of bike paths and trails coupled with a temperate climate all year long provide an excellent bike-riding environment for people in the Valley. Unfortunately, this sometimes leads to accidents involving bikes and cars, SUVs, and trucks.

Generally speaking, bike riders and drivers must both obey the laws of the road and also share the roadway (unless it has specifically marked bike lanes). So if a bike rider and a motorist are involved in an accident, the bike rider must show two things in order to collect damages in a personal injury lawsuit.

1. Did the driver’s negligence or recklessness directly result in the accident and injuries sustained by the bike rider?

If the driver ran a stop sign, made an illegal turn, changed lanes into the bicyclist, or drove at a speed above the posted speed limit, there could be grounds for negligence or recklessness (especially if he or she was cited by a police officer for such an infraction). But this allegation would likely have to be supported by evidence like witness statements, tire skid marks, or traffic camera footage in order to convince a judge or jury.

2. Did the bike rider actively or through negligence contribute to the accident?

If the bike rider turned abruptly in front of the vehicle, ran a stop sign, or rode the wrong way on a one-way street, then this could be presented as evidence of the cyclist’s responsibility in causing the accident. If this is the case, the bike rider may be held partially (or fully) liable in the cause of the accident, which may result in reduced damages (or no damages at all) awarded by a court. 

If you have any questions regarding a bike-car accident, you should consult with a qualified bicycle accident attorney.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.


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