Reports | May 27, 2025 | bicycle accident \ Car Accidents

Experience Lawyer for Bicycle Accidents

Accidents can be scary and confusing, especially when they involve a bicycle and a car. If you’ve been involved in a bike crash, you’re likely worried about what happens next, and unsure where to even begin. The question at the heart of many of these cases is, “Who is at fault?”

Determining fault in a bicycle-car accident can be complicated. Unlike traditional car accidents, where the rules are more established, bicycle-versus-car collisions often involve unique considerations. Regardless of whether you were driving the car or riding the bicycle, understanding fault is crucial to pursuing a fair resolution. 

This post will help break down the factors that influence fault, clarify your rights, and offer guidance as you move forward after an accident.

Who is at fault if a bicycle hits a car?

Fault in a bicycle-car accident depends on the details of the crash—not simply who was on the bike or in the vehicle. Here’s what matters most:

  • Traffic law violations: The party who disobeyed traffic laws—like running a red light or failing to yield—is often at fault.
  • Road positioning: If the cyclist was weaving or in the driver’s blind spot, or the driver encroached on a bike lane, fault may shift accordingly.
  • Right of way: Who had the legal right to proceed plays a major role in determining responsibility.
  • Visibility and safety gear: Cyclists must use lights at night and wear visible gear; lack of visibility may shift partial fault to them.
  • Comparative negligence: In Florida, if you’re more than 50% at fault, you can’t recover damages. If you’re less than 51% at fault, your compensation is reduced proportionally.
  • Common scenarios: Cyclists are typically at fault for rear-ending cars, while drivers may be liable for turning into a cyclist or “dooring” them when parked.t.

Understanding Fault in Bicycle-Car Accidents

Fault in any accident is determined by looking at negligence, traffic laws, and the specific circumstances of the incident. It’s important to point out that every situation is unique, and determining fault is rarely as straightforward as it seems. The goal is to identify who behaved negligently or broke traffic laws, leading to the collision.

Negligence means failing to exercise reasonable care or caution. When someone acts negligently, they may be held responsible for the consequences of their actions. For bike and car collisions, this could apply to either party.

Factors That Help Determine Fault

There are several critical factors that professionals use to evaluate who is at fault when a bike hits a car:

  1. Traffic Laws
    Both cyclists and drivers must obey traffic laws. Cyclists are generally required to follow the same rules as cars when they’re on the road. For example, stopping at red lights, yielding the right of way, and following lane markings all apply to both parties.

If a cyclist ran a stop sign and hit a car that was lawfully proceeding through an intersection, the cyclist is likely at fault. On the other hand, if a driver was speeding or failed to yield to a cyclist lawfully in a bike lane, the driver may be responsible.

  1. Positioning on the Road
    Where the cyclist or car was positioned in the moment leading up to the accident matters. Florida law allows cyclists to use bike lanes where available, but they’re also typically allowed to ride on the road with cars, provided they stay as close to the right-hand curb as is practical.

If the cyclist was riding in a car’s blind spot or weaving in and out of traffic unpredictably, they could be found to share or take full responsibility for the accident. Conversely, if the driver crosses into the bike lane or makes a sudden turn without checking for cyclists, the driver could be at fault.

  1. Right of Way
    Knowing who legally had the right of way will often be a key point in determining fault. For instance, if a car was making a left turn and hit a cyclist riding straight through the intersection, the driver may be held responsible if they failed to yield to oncoming traffic. However, if the cyclist ignored a red light or stop sign before the collision, they may be liable for not yielding the right of way.
  2. Visibility
    Visibility can complicate fault determination. Cyclists must take certain precautions to make themselves visible, especially at night, such as using lights and reflectors. Drivers must also remain diligent and aware of cyclists sharing the road. If a car hits an unlit cyclist in low-light conditions, judges or insurers may look at whether the cyclist took adequate safety measures.
  3. Eyewitnesses, Cameras, and Evidence
    Witness reports, traffic cameras, or personal dashcams can all clarify what happened leading up to the crash. Skid marks, road conditions, and the location of the damage on both the bike and car also play an important role in determining fault.

Evaluating these factors carefully is crucial to ensuring a fair and accurate determination of fault after an accident. 

Shared Responsibility

Sometimes, fault is shared between both parties in a bicycle-car accident. Florida now follows a modified comparative negligence rule, which includes a 51% bar. This means that if one party is found to be more than 50% at fault for the accident, they are barred from recovering any compensation.

For example, if a cyclist is determined to be 40% at fault for ignoring a stop sign, but the driver is 60% at fault for failing to yield, the driver would not be eligible to pursue damages. Conversely, the cyclist could still pursue compensation, but their award would be reduced by their percentage of fault—in this case, by 40%.

This rule emphasizes the importance of carefully evaluating each party’s actions. If you’ve been involved in a collision, it’s essential to gather evidence and consult legal assistance to ensure fault is properly assessed and your rights are protected.

Common Scenarios in Bicycle-Car Collisions

To better understand how fault might be determined, here are some common scenarios, along with potential fault outcomes:

  1. Bicycle Rear-Ends a Car
    If a cyclist rear-ends a car, the cyclist is usually considered at fault. Like in car-on-car collisions, the trailing party (in this case, the cyclist) is expected to maintain a safe distance and pay attention to the vehicle ahead. Exceptions might occur if the car made a sudden illegal stop or lane change.
  2. Car Turns Into Cyclist’s Path
    When a car makes a right turn and collides with a cyclist riding straight, the driver is often at fault, especially if they failed to check their blind spot or yield to the cyclist. Similarly, for left-turn accidents where the driver cuts off the cyclist, the driver may bear responsibility unless the cyclist was disobeying traffic laws.
  3. Cyclist Hits an Open Car Door
    Known as “dooring,” this happens when a driver or passenger opens their car door into the path of an oncoming cyclist. If the cyclist cannot stop in time, the driver or passenger who opened the door without looking is generally at fault.
  4. Intersection Collisions
    Intersections are a hotspot for bicycle-car accidents. Fault in these scenarios will depend on specifics like who had the right of way and whether traffic control devices (stop signs, lights) were obeyed.

Understanding these common scenarios can help clarify what might have gone wrong and who may be at fault in a bicycle-car collision. 

Steps to Take After an Accident

If you’ve been involved in a bicycle-car crash, it’s important to take the following steps to protect yourself and your rights, regardless of whether you were the driver or the cyclist.

  1. Stay Calm and Ensure Safety
    Check yourself and others involved for injuries. If possible, move to a safe area where further accidents are less likely to happen.
  2. Call the Authorities
    Report the accident by calling 911. Law enforcement can help file an official police report, which could be critical in determining what happened and documenting the incident.
  3. Exchange Contact Information
    Get the name, phone number, and insurance details of the other party involved. If there are any witnesses nearby, try to collect their contact information as well.
  4. Document the Scene
    Take photos of the accident scene, including the vehicles (or bicycle), skid marks, road signs, and surrounding conditions. If there are any visible injuries, document those too.
  5. Seek Medical Attention
    Whether you feel injured or not, it’s essential to get checked by a medical professional. Some injuries, like concussions or soft-tissue damage, may not be immediately apparent but can become serious if untreated.
  6. Speak with an Experienced Attorney
    Understanding fault in any accident is challenging, especially when emotions are high and the situation feels unclear. Consulting with a legal professional can help you protect your rights and pursue fair compensation if you were harmed.

Taking these steps after an accident are essential to protect your rights and lay the groundwork for any potential legal claims. 

Avoiding Bicycle-Car Collisions

While no one can guarantee a collision-free world, both drivers and cyclists can take steps to reduce accidents and ensure the safety of everyone sharing the road.

  • For Cyclists:
    • Follow traffic laws, including stopping at red lights and stop signs.
    • Use proper lighting and wear reflective gear, especially at night.
    • Be predictable; avoid weaving between lanes or riding too close to vehicles.
  • For Drivers:
    • Stay alert and check for cyclists before turning or moving through intersections.
    • Give cyclists at least three feet of space when passing them, as required by Florida law.
    • Never open your car door without checking for incoming cyclists.

By staying cautious and considerate, drivers and cyclists alike can help create safer, more respectful roadways.

A bicycle accident can turn your world upside down. Between recovering from injuries and managing emotional distress, legal and financial challenges can add even more stress. Here’s why having legal representation can make all the difference.

Understanding Complex Laws

  • Bicycle accidents often involve traffic laws that are difficult to interpret, especially when fault is unclear.
  • A skilled attorney can assess who had the right of way and whether negligence was involved.
  • They’ll gather critical evidence to support your case, such as eyewitness accounts or accident scene details.

Dealing with Insurance Companies

  • Insurance adjusters often try to minimize payouts by downplaying your injuries or shifting blame.
  • A lawyer serves as your advocate, ensuring you’re treated fairly and not pressured into a low settlement.
  • They handle all communication with insurance companies, so you can focus on recovering.

Securing Fair Compensation

  • Bicycle accidents can result in significant financial burdens, including medical expenses, lost wages, and ongoing rehabilitation.
  • Many victims are unaware of the full compensation they’re entitled to, especially for emotional damages like pain and suffering.
  • An experienced attorney fights to secure every dollar you deserve, considering both current and future expenses.

Reducing Stress During Recovery

  • Legal cases come with tight deadlines, extensive paperwork, and time-intensive negotiations.
  • By working with a personal injury lawyer, you can concentrate on healing while they handle the complexities of your case.
  • This added support provides peace of mind during one of the most challenging times in your life.

Handling a bicycle accident claim can be frustrating and unfair without professional assistance. An attorney ensures your rights are protected, your case is taken seriously, and you’re not left carrying the financial and emotional burdens alone.

If you’ve been in a bicycle accident, don’t embark on the claims process on your own. Having the right legal representation can be the key to moving forward with confidence and security.

If you’ve been hurt in an accident involving a bicycle and a car, you shouldn’t have to face the claims process without support. At Steven A. Bagen & Associates, P.A., we understand how painful and overwhelming this time can be, whether you’re recovering from injuries or dealing with financial strain. With over 40 years of experience in personal injury law, our team knows how to fight for the results you deserve.

At Bagen Law Accident Injury Lawyers, “Fighting for Florida’s Injured” is more than just our slogan–it’s our mission. We have successfully recovered hundreds of millions of dollars for clients just like you. Contact us today at  (800) 800-2575 or through our online form for a free, no-obligation consultation. We’re available 24/7 to speak with you and help guide you toward the justice and compensation you deserve.