Who Has the Right of Way in a Car vs. Bicycle Collision?
When a car and a bicycle collide, determining who had the right of way is one of the most important factors in deciding fault. Both drivers and cyclists must follow the rules of the road, but those rules can be confusing, especially when bike lanes, intersections, and crosswalks come into play. Understanding who had the legal right to proceed can make or break a personal injury claim.
Understanding Right of Way in Washington
In Washington State, bicycles are treated as vehicles under the law. This means cyclists have the same rights and responsibilities as drivers when using public roads. Both must obey traffic signals, yield signs, and road markings.
However, because bicyclists are far more vulnerable in a collision, state law and local ordinances often impose extra duties on drivers to ensure safety.
Common Scenarios Where Right of Way Matters
The following are the most common scenarios in California and Washington where right of way matters:
- At Intersections
- Same direction, same lane: If a car and bicycle are both going straight through an intersection, neither has an automatic right of way. Tthe vehicle that entered first or has the green light proceeds.
- Turning vehicles: When a car turns right and a bicycle is going straight in a bike lane or on the right side of traffic, the cyclist has the right of way. The driver must yield before turning.
- Stop Signs and Yield Signs
At four-way stops, the usual rules apply: the first to stop is the first to go. If a car and a bicycle arrive at the same time, the vehicle on the right has the right of way. Still, drivers should proceed cautiously and ensure the cyclist has noticed them.
- Bike Lanes
Drivers must yield to bicycles in bike lanes when turning across them. It’s a common mistake for motorists to assume they can turn as soon as the light allows. But if a cyclist is approaching, the driver must wait until it’s safe.
- Sidewalks and Crosswalks
Bicyclists are allowed to ride on sidewalks in most parts of California and Washington (unless prohibited by local ordinance). When crossing in a crosswalk, a cyclist has the same right of way as a pedestrian, meaning vehicles must stop until the crossing is clear.
When Fault Isn’t Clear
Even when traffic laws seem straightforward, determining fault after a crash can be complex. Insurance adjusters may argue that the cyclist was “partly at fault” for not signaling or for riding outside a designated lane. California and Washington follows comparative negligence, meaning that if both parties share fault, damages are reduced based on each person’s percentage of responsibility.
For example, if a cyclist is found 20% at fault for a collision and their damages total $100,000, they could still recover $80,000.
What to Do After a Car-Bicycle Collision
If you’re involved in a car vs. bicycle crash, take these steps to protect your rights:
- Call 911 and make sure a police report is filed,
- Get medical attention, even if you feel fine initially,
- Gather evidence, including photos, witness names, and contact information, and
- Avoid admitting fault or discussing the details with insurance companies before speaking with an attorney.
Talk to a Personal Injury Lawyer
Right-of-way disputes in car and bicycle collisions can quickly become complicated. A skilled personal injury attorney can help gather evidence, interpret traffic laws, and negotiate with insurance companies to make sure you’re treated fairly.
If you’ve been injured in a car vs. bicycle accident, our firm can help you understand your rights and pursue full compensation for your injuries, lost wages, and pain and suffering.
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.