After a bike accident with a car, it is essential for the cyclist to not speak to the driver’s insurance company before meeting with an attorney. This is because the cyclist will not know all the facts, and the insurance agent will try to get the person to admit fault for a bike accident. In this video, attorney Julie Braman Kane explains how a jury determines which party is at fault in a biking accident.
When a car and a bicycle have an accident together, ultimately a jury will decide the percentages of fault of everyone involved in the accident. A jury looks at all the evidence and determines how much fault there should be on a driver, versus how much fault there should be on a motorcyclist or a bicycle driver. A jury allocates all of the evidence they see and they put a percentage—X percent on the driver, X percent on the other people involved in the accident—and it adds up to a hundred. If someone’s injured in an accident and they’re bringing a claim, they’re only entitled to recover that percentage of fault which is the responsible party’s. They can’t recover the full amount of their damages if they were also responsible. So, that’s an important factor. When we look at bicycle cases, when we litigate them, we do everything we can to make sure that the bicyclist did everything he or she could to be safe and careful on the roads. To reach an attorney at Colson Hicks Eidson, please call us at 305-476-7400, or you can find us on the web at Colson.com.