HOW DO ACCIDENTS INVOLVING A BICYCLE WORK?
Bicycles provide both an alternative means of commuting, as well as a fun, physical activity. In the past few decades, bicycling has become increasingly more popular. However, with increases use comes increase chance of being involved in an accident. Bicyclists can strike and injure pedestrians. More commonly, bicyclists can be struck and injured by the driver of a car or truck. Below is an overview of common bicycle accidents that can occur and what kind of legal remedy is available to someone injured in those accidents.
When Is A Motorist Responsible For Hitting A Bicyclist?
Motorists and bicyclists alike owe a duty to all others on (or even near) the road to operate their vehicle in a safe, reasonable way. When a motorist fails to act reasonably and injures a bicyclist, the motorist is responsible for those injuries. As discussed above, Section 8-1590 allows bicyclists to drive on all roadways in Kansas so long as they can maintain the minimum speed and aren’t otherwise prohibited by another law. Thus, bicyclists are foreseeable on public roadways, but may not necessarily be foreseeable on major highways (with minimum speeds). Additionally, in Kendrick v. Manda, the court noted that a bicyclist is entitled to all the benefits given to pedestrians when operating their bikes on a sidewalk. In fact, even a cyclist operating on the sidewalk is likely a foreseeable plaintiff when a driver is careless.
The actions of the bicyclist will also be considered in determining how injuries should be compensated. Kansas uses a system called comparative fault, in which each party—the plaintiff and defendant—is assigned a percentage of fault. The plaintiff can recover so long as her fault is 50% or less. However, the amount of damages the plaintiff can recover is reduced by the fault assigned to her. In the context of bicyclists, this means that the motorist will be allowed to present evidence of any carelessness of the bicyclist. This can include failure to obey a traffic law or failure to ride on the appropriate part of the roadway.
When Is A City Or Property Owner Responsible For An Injury To A Bicyclist?
Generally, property owners are responsible for injuries caused to guests by dangerous conditions on their property. This responsibility also attaches to public entities, such as cities and counties. Notice, however, that states and the federal government are immune for being sued without a statute allowing suits—a concept known as “sovereign immunity.” When the property contains a dangerous condition, the property owner is required to repair or warn about the condition. Common conditions that can result in an accident include uneven sidewalks, potholes, and debris on paths. Two important things must be proven to recover: the property owner knew or should have known of the dangerous condition and the cyclist was allowed to be riding where the dangerous condition was. If the bicyclist was not allowed to be on the property or allowed to be specifically where the injury occurred, the bicyclist is a trespasser. This means the property owner only owes a duty to avoid willful conduct, not to warn of or correct defects.
One particular area of note are sidewalks. In Kansas, the slight defect rule applies to sidewalks, whether owned by a city or private owner. This rule allows the property owner to escape liability if two things can be shown. First, the dangerous condition that caused the accident was “slight.” This means that a gaping pothole cannot be covered by the rule, but a slab that is two inches higher than other slabs may be. Second, the defect must be the only defect on the property. If the sidewalk is in wide disrepair, the property owner cannot invoke the protections of the rule.
Injuries arising from bicycle accidents are becoming more and more common. When you have suffered injuries from a bicycle accident—whether you were the cyclist or not—it is extremely important to contact capable legal counsel. An experienced attorney can ensure that you receive the proper redress and compensation for your injuries.