Who is responsible for a bicycle accident?

In the state of New York, the law states that it is the responsibility of both the bicyclist and the motorist to exercise reasonable care when operating their respective vehicles. As such, the responsibility for a bicycle accident is typically shared by both parties. To determine fault in a bicycle accident, the court will typically compare the acts of the two parties to determine who was more or less at fault. This comparison, known as contributory negligence, will assess each party’s actions to determine who is responsible for the accident. The state of New York requires that bicyclists use due care when operating their bicycle, meaning they should ride in a safe manner and follow all traffic laws. This includes wearing a helmet, signaling when making turns, and not riding in high-traffic areas. Motorists are also expected to exercise reasonable care when operating vehicles, including signaling when making turns and avoiding distracted driving. If either party fails to exercise due care, then they may be found negligent in an accident. In cases where both parties are found to be at fault for the bicycle accident, the court will typically allocate a percentage of fault to each party. This means that each party’s compensation for damages will be based on their percentage of fault. Therefore, it is important for both the bicyclist and the motorist to carefully assess their actions surrounding the accident to ensure a fair assessment of their level of fault.

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