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What Factors Determine Who Is At Fault In Cycling Accident?

The legal system usually judges a defendant to be innocent, until evidence proves otherwise. That approach does not apply to cases in which a motorist has hit a driver. In such cases, the law calls for utilization of a procedure known as reverse onus. According to that procedure, a personal injury lawyer in Lloydminster and Okotoks knows that the motorist should be assumed negligent unless he or she can prove that other factors played a part in creating an accident-prone situation. Some of those factors relate to the behavior exhibited by the rider on the bicycle.

Behavior by a cyclist that can increase the chances for an accident:

• Wearing ear buds; the sounds entering the ear can distract the bike rider.
• Disobeying certain traffic laws; riding in the center of the road; making a point of riding between various motor vehicles on the road.
• Riding the bicycle on the sidewalk.
• Failing to check for oncoming traffic, when walking the bicycle through a cross-walk.

Allowing someone to sit on the fender that covers the bike’s rear wheel, in order to become a second rider. If that wheel has a basket, then the additional rider should remain safe. However, some young people make a habit of jumping onto the fender on that back wheel, in order to avoid walking.

Putting a motor on a bicycle and then using that 2-wheeled vehicle as if it were a normal bicycle. In fact, it creates a hazard on the road. Causing a bicycle to make a particular noise at all times, such a young people used to do, when clipping a card onto one of the bike’s wheels. This diminishes that significance of a warning signal, when a bike rider approaches a pedestrian or another cyclist.

Behavior that helps the cyclist to stay safe:

• Wearing a helmet; that does not prevent all injuries, but it reduces the chances for a head injury.
• Riding in single file, unless attempting to pass another bicycle rider.• Making an effort to remain visible at night or during a storm. That can mean using lights or reflectors. It can also mean wearing a fluorescent vest, or gloves with fluorescent trim. The legal system supports such positive behavior. Motorists frequently claim that they were unable to see the cyclist that was hit. • Yielding the right of way to pedestrians.
• Using a distinctive sound signal before passing someone.
• Being sure to drive at a reasonable speed. In a courtroom, a judge decides what is reasonable.

Taking the time to keep the parts of the bicycle in good working order. Scheduling a time to put air in the tires. Making sure that whatever device emits a warning signal has not been damaged in any way. Investing in a repair kit.