I was injured in a bicycle accident – who is liable? 

Bicycle accidents can result in serious and sometimes fatal injuries, and lawsuits to recover damages for injuries in bicycle accidents with automobiles often involve many of the same issues that are found in car accident cases.

Generally, in nearly all states, a bicycle is considered to be a “vehicle”. That means that cyclists must follow the same rules of the road. So, when trying to determine liability, the question usually comes down to who had the right-of-way -- the car or the bike.

Here are some examples of who may have the right of way:

• No traffic signals – First Arriving: Usually, when two vehicles approach an intersection not controlled by a traffic signal, the vehicle arriving first has the right of way. 
• No traffic signals – Same Time Arrival: If the vehicles arrive at the same time, the vehicle to the right has the right-of-way. This is also the rule for vehicles approaching intersections controlled by stop signs. In that case, the vehicle to the right has the right of way. 
• Traffic signals: The right-of-way: At intersections controlled by signals is determined by the signal. If a signal sensor is unable to detect the presence of a bicycle, the cyclist can (1) position the bicycle closer to the sensors embedded in the road, and if that doesn't work, wait until it is safe to cross against the light, or (2) cross at the crosswalk. 

There are other legal considerations that come into play depending on the type of intersection and whether the car is turning or going straight through, which is why it is important to consult with an experienced bicycle accident attorney. Bicyclists who have been injured by negligent drivers or other parties deserve to be fully and fairly compensated for all of the losses they incurred as a result of their injuries.

Miami bicycle accident lawyer Joseph J. LoRusso works to protect the rights of injured bicyclists and provides the highest quality of representation in every case. Joseph J. LoRusso has extensive experience assisting clients file successful bicycle accident claims in Fort Lauderdale and its surrounding areas. Please feel free to call (954) 715-3260 to schedule a free consultation today.