Free Consultation

(803) 350-9230

Cyclist Liability – When is an accident the cyclist’s fault?

In accidents involving a bike-on-car collision, liability is generally allocated to the driver because of the lack of protection afforded to cyclists. However, there are rare cases in which a cyclist can be at fault for a car accident, either by ignoring traffic signals, riding on the wrong side of the street, or otherwise practicing negligent behaviors. In such cases, cyclists could be prevented from pursuing monetary damages. Nevertheless, drivers are still held to a higher standard of care than cyclists for the simple reason that cyclists have a higher likelihood of suffering injury in these accidents. The nuances of liability in bicycle accidents can be complicated, but here is a quick primer on the basics.

When a cyclist is found to have acted negligently leading up to an accident, they can be assigned contributory negligence. This legal theory states that a cyclist’s actions partly contributed to the injuries they suffered in an accident, making them unable to recover restitution. In another theory called comparative negligence, fault is allocated between both parties and some amount of compensation may be awarded, but not the full amount. Knowing whether your actions fall under the contributory or comparative negligence theory can be tricky, but well-versed counsel from the Goings Law Firm, LLC will help you determine if you are eligible for restitution.

Negligent Cycling Behaviors

Some people think the rules of the road apply less to bicycles since they are not motor vehicles. However, cyclists are obligated to follow traffic rules just as much as drivers. There are many behaviors that can shift fault onto a cyclist in the event of an accident, including:

  • Not stopping or rolling through stop signs
  • Not riding in the bike lane
  • Riding on the wrong side of the street
  • Riding against the direction of traffic
  • Failing to yield
  • Abrupt turns without giving signal

However, under the “tender years” doctrine, children are incapable of contributory or comparative negligence, automatically shouldering responsibility onto a driver during a bike accident. In the law’s eyes, young children cannot be expected to exercise the normal standard of care on the road.

Contact a Bicycle Accident Attorney

Due to emerging bicycle and traffic laws, determining whether you are able to obtain damages can be confusing. If you were in a bicycle accident, do not be misled by insurance companies’ low settlement offers and risk not receiving the full amount of restitution available to you. Contact a knowledgeable bicycle accident attorney at the Goings Law Firm, LLC who is on your side to learn the full scope of your legal rights. Reach out to our Columbia offices today at (803) 350-9230 to discuss your case in further detail.

Last Updated : May 10, 2021
TBest Law Firms - Personal Injury Litigation 2022
International Society of Barristers
10.0Robert F. Goings
Legal Elite Logo
Legal Elite Logo
South Carolina Leadership in law Honoree Logo
Rated a 10.0 Super Lawyer by
American Board of Trial Advocates
American Society of Legal Advocates Top 40 Under 40 - 2014
Best Law Logo
National Trial Lawyers Top 100
Legal Elite of the Midlands logo
 AV Preeminent
Best Law Badge
Best Personal Injury Attorneys in Columbia
South Carolina Association for Justice
Lead Counsel Seal
American Society of Legal Advocates Top 40 Under 40 - 2014
Super Lawyers Rising Star
Goings Law Firm, LLC, LawyersPersonal Injury & Property Damage, Columbia, SC
Robert Goings CR Platinum 300
Robert Goings PR AV

I was really going through a tough situation being injured on the job my job hassling me workers Comp not paying me and the bills were stacking up.Then a friend referred me to Goings law firm there I met Mallory and Christian they were pleasant and up front and I gotta tell they work fast to get you the settlement you deserve.So you got legal issues if I were I would call Goings law firm hopefully I won’t but if I do that’s who I’m calling.

Goings Law Firm is a great family friendly oriented organization. They are upfront and honest with you. They keep you up to date on all information about your case and is always available for questions that you may have. Last but not least, they work hard to get you every penny you deserve. I recommend Goings Law Firm, LLC if ever in an accident and you need help and compensation.

I originally tried to handle my case on my own but it became overwhelming. After doing research on Google, I found Goings Law Firm LLC. I was amazed of the 5 star review so wanted to check out for myself. After initial meeting with Attorney Jessica, I knew the Goings Law Firm was for me.
I like to work with business that treat me as a person versus a number.

Katie is amazing, I had a procedure done, which raised many concerns. She listened to my concerns, offer to be there as much to her capacity. Which really helped eased some of my concerns. I honestly did not expected to receive any type of compensation. I only hoped for my medical bills to be paid. Attorney Robert is amazing as well, he and his team exceed my expectiation. I am truly thankful for the Goings Law Firm team. If seeking a attorney office, knowledgable, will do their best to make sure you received the proper medical care and compensation, treat individuals as a person verus a number, my suggestion is go with Goings Law Firm. I can honestly say the reviews are accurate, glad to have meet them and represent my case. You all are Awesome and Amazing!!! Thank you so much!

The staff at this establishment was very attentive and kind. Robert is a very nice, responsive gentleman. I sincerely encourage you to seek this company out for any advice or representation. You will not be disappointed. Again thank you for your time and consideration.

Robert Goings did an excellent job working with my mother and I. Very professional, friendly, hard working and always on top of everything. We are extremely impressed all around and would highly recommend Goings Law Firm to anyone. We appreciate all of the hard work and assistance that this team has done for us!

Robert Goings, and his staff are amazing. From day one they were in our corner. They were with us all the way . They kept us informed of all new developments and fought to make sure that we were not taking advantage of by the insurance companies. I would definitely recommend Goings law firm to any of my family and friends. They are second to none. I’ve never felt more confident in a decision as I do with hiring Robert and his firm. I’d like to say thank you one more time for all your hard work and treating us like family.

SEE MORE About Testimonial