Car vs. Bicycle Accidents: Who Is Responsible?

Bicycles are an economical and pollution-free mode of transportation. However, bicycle accidents are more common than one would like to believe. These bicycle accidents can be as dangerous as a cause of death or as normal as no scratch at all.

Understanding all the laws governing riding a bicycle before riding it is extremely important. It is also extremely important to understand whose fault it would be if a car driver and a bicycle rider were involved in an accident. The reliance of the accident greatly relies on factors such as traffic laws, negligence, and evidence.

This guide will provide complete details of:

• What rules are important to remember while riding a bicycle on the road 
• Who is responsible for the accident? 

So, in order to find out, keep reading. 

Understanding Nevada’s Laws on Car vs. Bicycle Accidents

Are Cyclists Considered Vehicles Under the Law?

In many countries, bicycles are considered as just another hobby. However, in Nevada, bicycles legally have the same status as any other vehicle, such as cars, motors, bikes, etc. 

In Nevada, cyclists have the same rights and responsibilities as motorists.

Key Traffic Laws for Cyclists and Drivers

• Right to Use the Road: According to Nevada law, cyclists are equal to any other vehicle owners. This is why they have equal rights to use the road or traffic lanes like other drivers. They are not obliged to ride only on sidewalks.
• Three-Foot Rule: In Nevada, the three-foot rule is very important. This rule states that drivers must give cyclists at least three feet of clearance when passing.
• Stop Signs & Traffic Lights: Another thing to remember when riding a bicycle in Nevada is to follow all traffic signals and road signs. 
• Bike Lanes: Bicycle riders are advised to ride in the bike lane. However, in case of bad road conditions or safety issues, they are allowed to use other traffic lanes. 

Determining Liability in Car vs. Bicycle Accidents

When the Driver Is at Fault

• Failure to Yield: Certain drivers are at fault when refusing to give the right of way to a person on a bicycle. This means that in cases where a cyclist and a vehicle are at an intersection or a crosswalk, the cyclist is supposed to move first. 
• Dooring Accidents: Among the best-known are Dooring accidents. In cases where a car driver unthinkingly opens the door without checking if any other person or bicycle riders are close and an accident happens, the car owner is at fault. 
• Distracted or Drunk Driving: Salted alcohol should never be combined with driving; that’s common knowledge. Also, when driving, it’s preferable to suspend any phone conversations. Therefore, the driver is to blame if anything happens under these conditions. 
• Speeding or Aggressive Driving: Aggressive driving puts the driver’s and other road users’ lives in peril. Hence, reckless driving or aggression where a collision happens has most likely, but not necessarily, put the driver at fault.

When the Cyclist Is at Fault

• Doing the Illegal Things Behind the Wheel: Following rules on the road is crucial for all drivers, and cyclists legally operate at the same level as all other drivers. Thus, just like a motor vehicle driver, a bicycle rider must also comply with traffic rules. Therefore, if a bicycle rider skips the red light or ignores the signs, then he is liable. 
• Riding Against Traffic: Following the same path as the moving vehicles on the street is critical. It is considered an offense if that is not the case. As such, if a cyclist is peddling while going in the opposite direction and crashes, then he is the liable person. 
• Moving Uninformed: While Changing Lanes Moves: Such changes should not be made without prior notification. This implies that a bicycle rider making an instant change of lane will be regarded as violating traffic rules. Should a crash occur as a result of that, the cyclist is the one who takes responsibility.

Shared Fault in Bicycle Accidents

• Some countries may blindly assume that motor vehicle drivers are always at fault in accidents involving cyclists. This is not the case for Nevada. The state of Nevada follows a comparative negligence rule. That is, both the driver and the cyclist can take the blame in case of an accident.
• For example, if the cyclist is 25% at fault, their compensation would also be reduced by 25%. If the cyclist is deemed more than 50% at fault, they can recover damages at all.

Steps to Take After a Car vs. Bicycle Accident

Seek Medical Attention

Immediate medical attention should be everyone’s priority after getting into an accident. This is because most injuries are unnoticeable. So, even if you think you are not hurt because you are not bleeding, getting proper medical analysis can allow you to be sure of that. 

Also, having a proper medical report makes your case stronger in an insurance claim. 

Call the Police and File an Accident Report

Make sure to call the police in case of an accident. Doing this allows the law to determine whose fault the accident was. This police report can also help support your case in an insurance claim as it acts as evidence. So, always make sure to ask for a copy of the police report.

Gather Evidence at the Scene

Collecting evidence is very important. This means that if you get into an accident, make sure to collect as much evidence as possible. This evidence may:

• Photos and videos of the accident scene
• Picture of the damaged vehicle
• Picture of the damaged bicycle
• Photos of the road conditions
• Also, take pictures of the injuries.

Besides all that, collect the other driver’s contact information, ask for their insurance details, etc. Also, if possible, get the contact information of any witnesses or anyone else involved.

Contact a Bicycle Accident Attorney in Las Vegas

• A bike accident lawyer in Las Vegas can help investigate liability, negotiate with insurance companies, and ensure fair compensation.
• Attorneys can protect your rights if the driver blames you or insurance refuses to cover damages.

Compensation Available for Bicycle Accident Victims

Economic Damages

• Medical Expenses: One common compensation for all accidents is medical expenses. This includes:
  • Covers hospital visits
  • Rehabilitation
  • Medications
  • future medical treatments
• Lost Wages: In certain conditions where a person loses the ability to work, compensation for lost wages is included. This compensation can be for missed work and reduced earning capacity.
• Bicycle Repair or Replacement: This compensation can help cover any damages to your bicycle and even get a necessary replacement.

Non-Economic Damages

Where some countries do not provide non-economic damage compensation, this is not true for Nevada. In Nevada, you can get compensation for:

• • Pain and Suffering: This compensation is gen for:
    • Emotional distress
    • Trauma
    • long-term suffering

• Loss of Enjoyment: The loss of enjoyment of life is compensated by this damage. For instance, you qualify for compensation if you like cycling or other active sports and cannot do them because of injuries.

It is better to speak to a Las Vegas bicycle accident lawyer before you pursue any claims for non-economic damages.

Punitive Damages

The punitive Damages are not a type of compensation. However, this is the additional money that a faulty part or driver pays as a punishment. This punishment is given to teach the faulty driver a lesson and educate them not to repeat their recklessness.

How a Bike Accident Lawyer in Las Vegas Can Help

Proving Liability

A bike accident lawyer in Las Vegas can help you collect evidence and prove your innocence. This evidence can help make your case stronger. The evidences are as follows:

• Collect important medical documents
• Interview witnesses
• Reconstruct accidents to establish fault

Negotiating with Insurance Companies

It can be difficult for you if you try to negotiate with insurance companies on your own. The reason is that these insurance providers often try to get out of claims by offering low settlements. 

They do this because they know that most citizens are unaware of their rights and will accept whatever offer they bring. However, a bicycle accident attorney in Las Vegas can help you negotiate and get the right offer you deserve. 

Representing You in Court (If Necessary)

If you have a bike accident lawyer in Las Vegas representing you, your chances of actually winning the case increase. So why are you waiting? Contact Micheal Hua Injury Firm today for a free consultation!