Who is liable in a bicycle accident?
Bicycle accidents can be devastating, resulting in serious injuries and financial hardships for those involved. One of the most pressing questions in the aftermath of an accident is determining who is liable for the damages. In this blog post, we’ll explore the factors that determine liability in bicycle accidents and take a closer look at the Utah HB-142 law.
Determining Liability in bicycle accidents
Liability in a bicycle accident is typically determined based on negligence. In legal terms, negligence is the failure to exercise reasonable care that results in harm to another person. If someone’s negligence caused the accident, they may be held liable for any resulting damages.
In the context of bicycle accidents, there are several parties that may be considered negligent, including:
- Motorists: Motorists have a legal duty to share the road with cyclists and exercise reasonable care to avoid causing harm. If a driver fails to yield to a cyclist, speeds, drives recklessly, or engages in other negligent behavior, they may be liable for the resulting damages.
- Cyclists: Cyclists also have a responsibility to exercise reasonable care when riding their bikes. If a cyclist violates traffic laws, fails to wear safety equipment, or engages in other negligent behavior, they may be liable for the accident.
- Third parties: In some cases, third parties may also be held liable for a bicycle accident. For example, if a defective bicycle part caused the accident, the manufacturer may be liable for any resulting damages.
Utah HB-142 Law
Utah HB-142 is a law that was passed in 2018 to clarify the rights and responsibilities of motorists and cyclists on the road. The law requires motorists to provide at least three feet of space when passing a cyclist and allows cyclists to ride on the shoulder of the road, among other provisions.
The law also includes a provision that limits the liability of motorists in certain situations. Specifically, if a motorist collides with a cyclist while passing them in a no-passing zone, the motorist may be liable for damages only if they were grossly negligent or reckless. This provision is intended to protect motorists who may have inadvertently violated the law but were not intentionally negligent.
It’s worth noting that the Utah HB-142 law does not absolve motorists of their responsibility to exercise reasonable care when sharing the road with cyclists. If a motorist’s negligence caused a bicycle accident, they may still be held liable for any resulting damages. To learn about the Utah HB-142 Law in more depth, click here.
Determining liability in a bicycle accident can be a complex process, but it generally depends on whether one or more parties acted negligently. The Utah HB-142 law provides important protections for cyclists. It does not absolve motorists of their responsibility to exercise reasonable care on the road. If you’ve been involved in a bicycle accident, it’s important to consult with an experienced personal injury attorney who can help you understand your rights and pursue the compensation you deserve. To schedule a free consultation call or text 385-429-9960 or email s@gosdis.lawyer today.
