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Even when a rider sticks to the bike lane, there's always the possibility that an accident can occur, which may cause moderate to severe injuries. When this happens, who is at fault? Is it the motor vehicle drivers? Maybe the bicyclists need to be more careful.
Considering that Missouri bicycle accident statistics indicate that residents are taking approximately 20 million cumulative trips annually, it's a very relevant concern. Below is a look at how fault works in a claim, alongside other useful insights.
Clarifying Missouri Bicycle Laws
There is an errant belief that Missouri bicyclists do not have any of the same rights as motorists on roadways. However, this is not the case, which is why riders are expected to adhere to traffic laws, just like motor vehicle drivers are.
For example, a bicyclist must yield to pedestrians where applicable, stop at red lights, indicate (via hand or turn signal) when turning, and stick to the right side of the road. Some laws even speak to the use of reflectors and front-facing lamps, which are akin to the lighting requirements imposed on motor vehicles.
Bike lanes should not be obstructed by stationary objects or parked vehicles, and bicycles are not supposed to be proceeding along sidewalks.
Note that while there are similarities in the rights shared by bike and car operators, there are cases in which the rules differ. Take interstate highways, for example. Bicycles are not permitted to be ridden on them, and this regulation also applies to any area that local law may specify.
Which Parties Could Potentially Be at Fault in Bicycle Accidents?
This is one area in which St. Louis bicycle accident attorneys are essential. Fault in personal injury claims is not always easily proven. Even when the circumstances would cause someone to think that it's a straightforward outcome, there are different legal elements to consider.
Depending on the situation, there can be one or more parties at fault when a bicycle accident happens. In Missouri, the possibilities include:
The bicyclist - A rider who sustains physical injuries is not always innocent in the equation. Sometimes, they will engage in negligent behaviors, such as proceeding along the left side of the road or distracted riding.
Part and bicycle manufacturers - Missouri law acknowledges that injuries are sometimes the result of defective parts. In such cases, manufacturers may be liable.
Government - Crashes are sometimes caused by defective road signs or hazardous conditions. When these elements apply, government entities may face the consequences.
Companies - Should a business-owned vehicle be involved, the fault may be assigned to the firm and its insurance company.
Private drivers - Private cars, trucks, and other motor vehicles may be the ones causing serious injuries to bicyclists because of negligent behavior.
Essential Elements of Fault in a Bike Accident
Based on the potential bearers of fault established in the previous section, a lawyer will use the following angles to help pinpoint who is responsible. They can also explain how to prove fault in a motorcycle accident in Missouri.
Negligence
If a victim wishes to recover compensation for injuries suffered in a bicycle accident under Missouri law, the following must be proven:
The negligent party had a duty of care.
There was a breach of the said duty.
An accident occurred because of this breach.
Physical, financial, or emotional damages were suffered that can be linked directly to the accident.
For example, imagine that a negligent driver is the one who the finger of fault is being pointed at. Missouri requires drivers to exercise the highest degree of care. This means operating vehicles in a way that presents no danger to property or lives.
Proving fault here would require the attorney representing the victim to demonstrate that the driver failed to act in accordance with this requirement. Evidence can be presented to show where speeding or disobeying traffic lights may have been at play.
Bike Parts
As indicated before, bicycle part defects could be the reason that the accident occurred. Again, the assistance of an experienced personal injury lawyer would be needed to prove the presence of the defect. There is also the need to link it to the accident. Powell Law Firm has more insight on how to prove fault in a pedestrian accident in Missouri.
Perhaps there was a safety hazard for which no recall was done, which means the manufacturer opened itself to potential liability.
Poor Road Conditions
It is the responsibility of the applicable municipality to ensure that bike paths, streets, and walkways are safe and passable for those who may be traversing them. Poorly maintained roads increase the likelihood of accidents and injuries. Therefore, when such incidents happen because of an infrastructure defect, government entities may bear the responsibility.
Circumstances that this principle may apply to include:
Potholes
Unsafe construction zones
Absent guardrails and barriers
Comparative Negligence
Missouri is a state of comparative negligence, and this is a part of the fault equation. In a personal injury claim, the compensation awarded to the victim will be reduced if they are also to blame.
Think of it as a percentage of fault in the matter. Maybe there was a negligent driver who was 70% of the problem that caused the accident, but the bicyclist also took an action that accounts for 30%.
If the compensation maximum is $200,000, then the victim may receive $140,000, which is 70% of the potential amount.
A St. Louis Bicycle Accident Lawyer Is an Essential Part of Establishing Fault Accurately
The law doesn't require that victims retain the services of a bicycle accident lawyer in St Louis, but doing so greatly increases the likelihood of the best possible outcome. Legal professionals know the steps needed to build a solid case that will help establish fault correctly.
What Kinds of Damages Can Bicycle Accident Victims Recover?
Depending on the factors at play, a successful claim may award the victim a settlement amount that captures one or more areas, such as:
Medical treatment
Lost wages
Property damage
Pain and suffering
Loss of use
Schedule a FREE Consultation with an Outstanding Missouri Bicycle Accident Attorney Today!
Proving fault is just one of many considerations that go into a successful bicycle accident claim. Thankfully, the team at Powell Law Firm has the experience and attitude necessary to provide best-in-class legal representation.
If you were injured in a bicycle accident because of someone else's negligence, you may be entitled to compensation. Schedule a free consultation today!
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