Is a Driver Liable In a Bike Crash If They Didn’t See the Cyclist?
After a bicycle accident, drivers sometimes offer a simple explanation: “I didn’t see the cyclist.” While that statement may explain how the collision occurred, it does not necessarily excuse the driver from responsibility.
Drivers generally have a duty to pay attention to their surroundings and watch for others using the road, including bicyclists. When a driver fails to see a cyclist who was reasonably visible, the driver may still be held responsible for the resulting bicycle accident.
“I Didn’t See Them” Is Not Automatically a Defense
Many bicycle accidents happen because a driver simply does not notice a cyclist until it is too late. A driver may turn across a bike lane, pull out from a driveway, open a car door into a cyclist’s path, or enter an intersection without recognizing that a bicycle is approaching.
In these situations, the key question is often not whether the driver actually saw the cyclist. Instead, the issue may be whether a reasonably careful driver should have seen the cyclist.
Drivers are expected to maintain a proper lookout and account for bicycles, pedestrians, motorcycles, and other road users. Failing to notice a cyclist can potentially be evidence that the driver was distracted, failed to check mirrors or blind spots, or otherwise failed to exercise reasonable care.
Why Drivers Fail to See Cyclists
There are many reasons why a motorist might overlook a bicycle. Distracted driving is one possibility. A driver who is texting, adjusting navigation, eating, or looking away from the roadway may fail to notice a cyclist.
Other bicycle accidents occur because drivers fail to check their mirrors or blind spots before turning or changing lanes. Intersections can be especially dangerous when motorists make right or left turns across a cyclist’s path.
Visibility can also be an issue. Darkness, rain, glare, parked vehicles, vegetation, and other obstructions may make cyclists more difficult to see. However, poor conditions may also require drivers to exercise additional caution.
What If the Driver Blames the Cyclist?
A driver or insurance company may argue that the cyclist contributed to the accident. For example, they might claim that the cyclist was wearing dark clothing, did not have adequate lights, entered the roadway unexpectedly, or violated a traffic rule.
These allegations do not necessarily eliminate the cyclist’s ability to recover compensation. Depending on the law that applies, responsibility for an accident may be divided among multiple parties. The specific actions of both the driver and cyclist should therefore be carefully investigated rather than assuming one person was entirely responsible.
Evidence Can Show What the Driver Should Have Seen
Determining fault often requires looking beyond the driver’s version of events. Photographs of the accident scene, surveillance footage, dashcam video, witness statements, vehicle damage, skid marks, and electronic data may help reconstruct what happened.
Evidence concerning sightlines can be particularly important. An investigation may show where the cyclist was located, how long the cyclist was visible, and whether the driver had a reasonable opportunity to avoid the collision.
Speak With a Bicycle Accident Attorney
A driver saying, “I didn’t see the cyclist,” does not necessarily end the question of liability. In some cases, it may raise important questions about whether the driver was paying adequate attention.
If you were injured in a bicycle accident, a personal injury attorney can investigate the crash, preserve important evidence, address attempts to blame you for the collision, and determine what compensation may be available for your injuries and other losses.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by Magnific