Bicycle accidents are not uncommon in Nevada. In fact, it is one of the states with the highest rate of cycling accidents. In most cases, the cyclists get injured as they are more vulnerable, and the other party is held responsible. But what if the cyclist is at fault? Can you sue a cyclist if they cause the accident?
Although it is very rare for other road users to sue cyclists and succeed against them, they have the right to sue them if they’re at fault.
Being vulnerable to injuries does not mean cyclists are safe from legal consequences. Sometimes, the cyclist is to blame for the accident and even be sued by the other party.
Let’s find out how!
Can A Cyclist be Sued If they Cause a Car Accident?
Riding on the roads, cyclists and other road users have their fair share of near misses. Cyclists have as much responsibility as any other driver on the road. Driving a lighter, non-threatening vehicle doesn’t mean they are exempted from the law. In addition, they are required to follow the same rules by most state laws.
If a cyclist’s recklessness or negligence causes an accident, the other driver can sue the cyclist for the damages. However, such lawsuits rarely succeed. Because a person on a bicycle is more vulnerable and sustains more injuries, most states require other vehicle drivers to follow higher care standards.
But if you are serious about filing a lawsuit against a cyclist, the best is to seek the assistance of an experienced car accident lawyer.
Cyclist’s Negligence
In such a lawsuit, the outcome depends on the extent of the cyclist’s negligence. Some examples of negligence on the cyclist’s part include:
- changing lanes abruptly
- going the wrong way on a one-way street
- running a stop sign
- riding in the middle of the road despite the presence of a bike lane
- failing to break
If both parties are responsible, the comparative negligence rule applies. But if the cyclist’s negligence caused the accidents, they might be unable to get any compensation, and the responsibility for the accident solely rests with them.
Damages You Can Claim When a Cyclist Hits Your Car
In most cases, even if it is the cyclist’s negligence, they will likely sustain more damage than your vehicle. However, a high-speeding bicycle can do costly damage, such as:
- broken mirrors and glass
- dents
- scratches to the paint, etc.
These damages, which might sound little, can cost you a pretty penny, and you have all the right to claim them. Unfortunately, the cyclists’ auto insurance companies are unlikely to pay for the damages. Even if you resort to their homeowner’s insurance policy, its limit is usually insufficient to pay for the repair costs.
So what to do? The best is to seek legal assistance.
Contact a Car Accident Lawyer When a Cyclist Hits You!
If you ever find yourself in a situation where the cyclist is at fault, you should talk to a Nevada car accident attorney who will help you understand your rights. Such lawsuits either settle quickly or can eventually end up in court. Whatever the circumstances, your car accident lawyer will assist you throughout the process to turn the situation in your favor.
The Bourassa Law Group has a team of skilled car accident lawyers experienced in dealing with all types of bicycle accidents. They have the know-how and a strong network to get you the compensation you deserve.
Call us at (800)870-8910 for a free consultation!
