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Bicyclist Or Vehicle: Who Is To Blame?

Every day millions of drivers get into their cars in the morning to get the day started. Some have it driving down to a science in order to beat the morning rush hour while others struggle to get out the door. Not everyone chooses to get into the car, though. Many are starting to bike to work. Our Bike Accident Attorneys in San Diego at Law Offices of Edward J Babbitt, APC believe in keeping our streets and community safe. In order to do this, we believe in representing victims who are most vulnerable. Pedestrians and bicyclists are among the most vulnerable roadway users. Bicyclists have protective gear, but when can a helmet really do when a car hits you at 25 MPH. What will a shirt do when you are ejected from your bike and your body scrapes the street? It is always good to wear protective wear, but the reality is when a bicyclist gets hit by a car it is the driver who walks away unscathed, not the bicyclist.

Sharing the Road

In order for bicyclists to exist alongside cars on the roadway, each vehicle needs to abide by certain rules and regulations. Just because a bicycle is smaller does not mean that they have the right to run a light or blow a stop sign. Nor are they are allowed to weave through traffic. Cars are also supposed to stay out of bike lanes, be careful when opening doors, and yield to bikes in certain instances. In order for these vehicles to work together on the roadways, they must be able to respect each other. Obviously, that doesn’t always happen and it results in pain and injury.

A Recent study between 2011 and 2013 show that bicyclists are more to blame for accidents than a car or other vehicles by 56%. In 2012 bicyclists held the highest blame for crashes at 60%. However, police have stated that just because one party was most to blame does not mean that the other party, like a driver, was completely blameless. In fact, there are plenty of cases where the bicyclist was blamed when there was questionable evidence. For example, an accident occurred where a car ran into the back of bicyclist. The bicyclist was thrown from the bike and was fatally killed after being struck by tow other cars. The report blamed the bicyclist but how can it be? This is not to say that police are more in favor of vehicles, but there is always speculation in a police report.

What to Do

If you or someone you love is suffering from an injury due to a bicycle accident then you need a strong advocate on your side. Our San Diego Bicycle Accident Lawyers are here for you. Even if you aren’t completely blameless does not mean that the driver isn’t at fault too. Call 619-543-1789 or click here to schedule an appointment for a free consultation at the Law Offices of Edward J Babbitt, APC in San Diego today.