Who’s at Fault in a Springfield Bicycle Accident?

A bike ride can become deadly if a driver is not paying attention. When an accident occurs, one of the most important first questions that requires an answer is this one. Who is at fault in a Springfield bicycle accident?

Determining fault requires careful examination of the situation and all evidence contributing to the decision. Keep in mind that both sides often think the other is at fault. That is why evidence becomes critical, and working with a Springfield bicycle accident lawyer can help.

Determine Negligence

Before you can know who is at fault for a Springfield bicycle accident, you need to understand what it takes to be negligent under Illinois law.

• Establish a duty of care. The other party must have owed the victim a duty of care.
• Violation of that duty of care. Demonstrate that the other party did something or failed to do something that violated their duty of care.
• Violation results in an accident. There must be a direct link between the incident and the duty of care.
• Losses were suffered. The victim suffered physical and financial losses from the accident.

With this in mind, it is then possible to gather information and resources to determine who is at fault.

Evidence that Demonstrates Fault in a Bike Accident

Your attorney, along with the local police, will gather as much information from the scene and witnesses to demonstrate what took place. The more evidence obtained, the better the accuracy there is in assigning fault. To gather evidence, you can expect your lawyer to look for information such as:

• Photos or video of the incident taking place from local cameras
• Statements from witnesses who saw what was happening
• Statements from all parties involved
• Alcohol and drug screenings of drivers
• Data from accident reconstruction efforts

All of this information helps to determine who is at fault. However, there are still a few things to consider.

When Is a Cyclist At Fault in an Accident in Springfield?

A bike rider could be held at fault in situations where they do not abide by the rules of the road. If the cyclist is traveling against traffic or fails to signal before turning, that could make the bike rider more accountable or at least partially accountable. If the bike rider acted in a negligent or reckless manner, such as darting out in front of traffic, this can also negate some of the driver’s fault risk.

When Is the Car at Fault

The driver of the car could be at fault in situations where they are distracted, intoxicated, or otherwise not abiding by the rules of the road. The driver of the car could be held accountable if they are fatigued or speeding, too.

When Others Are at Fault

There are situations where others may be at fault. For example, if there is a defect in the road that caused the bike rider to fall, that could be a contributing factor to fault. There are situations where the bike or the car had faulty equipment that led to the incident.

Gathering Evidence to Build Your Case

The more evidence you have to prove who is at fault in a bike accident, the better. Working with a bicycle accident lawyer in Springfield can make a big difference in your long-term outcome. Talk to an attorney before you agree to sign any documents that could shift the blame to you.