Cyclists share the same responsibility as vehicle drivers. That is, they must follow all traffic laws, including rules specifically for bicycles. On the other hand, motorists owe cyclists a duty of care, which primarily involves sharing the road responsibly.
When a bicycle and vehicle collide, the rider typically bears the brunt of the crash. The impact alone can cause severe injuries, especially since bicycles offer little to no protection compared to enclosed vehicles.
In such cases, some people are quick to blame the car driver. However, cyclists can also be liable—at least partially.
When can a cyclist be partially liable for an accident?
Motor vehicle drivers can cause accidents with bicycles in numerous ways. They might run a red light and hit a cyclist crossing the street, or they can drive too close to the bike lane and accidentally clip a cyclist.
However, drivers are not always a hundred percent at fault. Cyclists can share liability in various situations, such as:
- Violating traffic laws, such as running red lights or riding against the flow of traffic
- Riding while distracted
- Riding under the influence
- Riding at night without proper lights or reflectors
- Merging into traffic without signaling
- Weaving between lanes unpredictably
- Riding outside designated bike lanes when they’re available and safe to use
The division of liability often depends on the specific circumstances of each case. In general, however, violating a traffic law can easily translate to legal liability.
How can shared liability affect compensation?
New York follows the comparative negligence rule. Under this rule, the judge or jury assigns a percentage of fault to each party. A claimant can recover compensation as long as they are not 100 percent at fault for the incident.
However, the claimant’s percentage of fault can affect their compensation amount. For example, suppose a car turns across a bike lane too fast and hits a cyclist. However, the cyclist is riding slightly faster than the posted speed limit for the bike lane.
The jury finds the driver 60 percent at fault and the cyclist 40 percent at fault. In that case, the cyclist’s compensation is 40 percent less than what they would have received.
Bicycle safety should never be an afterthought
Cyclists are more at risk of severe injuries in an accident, which is exactly why they need to be more careful on the road. Moreover, even if another party is mostly at fault, cyclists run the risk of sharing liability if they don’t follow traffic rules.