There are a number of factors that can determine who is at fault in a cycling accident. Some of the factors that may be considered include:
- The laws and regulations that apply to cycling: Different states and localities have different laws and regulations that apply to cycling, including rules about riding on the road, using hand signals, and wearing helmets. Violation of these laws may be used as evidence of fault in a cycling accident.
- The actions of the parties involved: The actions of the parties involved in the accident, including the cyclist and any drivers or pedestrians involved, may be considered in determining fault. For example, if a driver failed to yield the right of way to a cyclist or if a cyclist was riding in a reckless manner, these actions may be considered evidence of fault.
- The circumstances of the accident: The specific circumstances of the accident, such as the weather and road conditions and the visibility at the time of the accident, may be considered in determining fault.
- Witness statements: Witness statements from individuals who observed the accident may be used to provide additional information about the events leading up to and surrounding the accident.
Overall, determining fault in a cycling accident will depend on the specific circumstances of the case and the laws and regulations that apply. An experienced personal injury lawyer can help evaluate the potential for a claim and advise on the best course of action.