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Accidents and injuries can unexpectedly disrupt lives. During these difficult times, personal injury lawyers are crucial allies. They advocate for those harmed by others' negligence, ensuring they secure proper compensation. This article delves into the important role personal injury lawyers play in navigating claims and helping people reclaim their lives.
Proving Liability for a Car in a Right Turn Bicycle Accident
When a car turning right strikes a bicyclist, it's often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in the bike lane alongside a car. In these types of accidents, it's usually the driver's fault, but to prove that they were liable for your injuries you must present proper evidence of their negligence.
How Right Turn Bicycle Accidents Occur
The most common ways right turn bicycle accidents occur are:
1. When a bicyclist and a car approach an intersection and the car turns right: in this scenario, the driver often fails to see the bicyclist until it's too late.
2. When a bicyclist goes to overtake a slower moving car and passes on the right, unintentionally putting himself in harm's way when the car turns right.
3. When a bike and a car are waiting at a light, and when the signal allows traffic to move, the car turns right, cutting off or hitting the cyclist.
Liability for a Right Turn Bicycle Accident
To prove that the driver was primarily at fault for causing the right turn accident and not the cyclist, several types of evidence will be necessary. A police report will detail the accident scene and the events as described by the officer responding to the call. It will also include notes of any citations issued to the driver or the cyclist.
Eyewitness accounts are perhaps the best type of evidence as they can reveal what the bike and the car were doing prior to the collision.
A driver can be proven negligent and thus liable if they were:
- Speeding
- Failed to use a turn signal
- Abruptly changed lanes
Likewise, if witnesses say the bicyclist was acting in one or more of these negligent manners, they may be used as a defense in a bike accident claim by the driver.
- Swerving between lanes
- Riding too close to vehicles
- Ignoring a traffic control device
You may also want to see if anyone caught video or pictures of the accident scene. Many intersections have traffic cameras that could have captured the incident on tape, and some nearby businesses could have surveillance cameras that caught the crash.
Avoiding Right Turn Bicycle Accidents
When riding near a vehicle try to keep a safe distance behind, so you can anticipate when the vehicle is turning or changing lanes. As you approach an intersection, check your mirrors for nearby vehicles.
Avoid passing a car on the right unless it's necessary to do so. When moving past a car, make sure there is enough empty area to the right of your lane in the event you have to swerve out of the way of a right-turning car.
How to Prevent Alcohol-Related Bike Accidents
Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers of operating a motor vehicle or bicycle while under the influence of alcohol, millions of people still do it. Roughly 3.2 percent of Iowans admit to getting behind the wheel in the past 30 days after drinking too much, which, incidentally, is significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention.
Statistical Snapshot of Alcohol-Related Bike Accidents
Statistics don’t lie. One glance at the following figures provided by the National Highway Traffic Safety Administration and it becomes obvious just how deadly the mix between alcohol and driving/biking can be.
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter of them had BAC of 0.01 g/dL.
Intoxication Affects Bike Accident Liability
In addition to putting your and others’ lives in danger when you bike or drink while under the influence, you also put yourself at risk legally. First of all, if you are ever responsible for an accident and your BAC exceeded the legal limits, you will be subject to criminal charges. This can mean jail time, fines, and lost driving privileges, among other penalties.
Also, driving or cycling while intoxicated is considered negligence in an accident claim or lawsuit. As such, if ever you are in a crash and were inebriated at the time, you will be the party responsible for the damages. This is because Iowa is an at-fault car insurance state. This means that when you hurt someone, they are legally entitled to pursue recovery from you, i.e., sue you.
Involved in an alcohol-related bike accident?
If you were recently in a bicycle accident and sustained damages, it’s in your best interest to run your case by an attorney to determine your options and the best way to seek restitution.
Determine fault when a vehicle turns left in front of a motorcycle?
Nothing is surefire when it comes to determining fault in an accident in Storm Lake. However, in most cases when a vehicle makes a left turn in front of a motorcycle, the driver could be found liable. An Iowa injury law firm can help determine fault after evaluating the details of your accident.
Other drivers may find motorcycles difficult to see. In fact, this is one of the most common causes of a car-motorcycle collision. However, this doesn’t negate the responsibility of a motorist.
More importantly, whoever is making a left-hand turn is only supposed to do so when it is safe. By law, drivers must yield the right of way to oncoming traffic, so failure to do so could lead to them being found at fault for an accident.
For instance, let’s say you were coming through the intersection of E. 9th Street and E. University Avenue. If a car was making a left-hand turn and decided to try and make it before you reached the intersection, the driver would likely be found liable if you collided.
There are exceptions to this rule, however. For instance, if you were riding your motorcycle and speeding, this could diminish the fault of the driver making the left-hand turn. Or if you ran a red light, this could also eliminate the other driver’s liability.
We Are Here To Help
Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.
Free Book at No Cost
If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.
If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.