Both cyclists and drivers must obey the rules of the road, which means both can be held accountable if they cause an accident. If you're hit by a car when you're riding a bicycle, the first point you'll need to prove to a court is that negligence contributed to the accident due to the driver's behavior. You will also need to identify whether or not you played a role in the accident with your own negligent acts.
What kinds of acts are negligent?
Speeding is one type of negligent act, while running a stop sign or drifting into a bike lane are others. Distracted driving and reckless behavior all constitute negligence. You'll need to be able to prove that the defendant violated a duty owed to you; for instance, the driver owes due care to others, so swerving in and out of lanes would show negligence and a disregard for others' safety. A driver who speeds through a crosswalk without slowing for crossing pedestrians or cyclists would be negligent. A driver who falls asleep behind the wheel and drifts into a biking lane is negligent. All these are examples of times when you could seek a claim due to a driver's behavior.
Do citations matter?
Yes. If there is a citation by police, then the citation can be used as evidence when you make your claim. This evidence helps the court or insurance company, depending on if you're suing or filing an insurance claim, determine if you were at fault at all or if all the blame falls on the driver.
Our website has more on driver negligence and how to pursue a claim. With the right support, you can get the compensation you need.