Who is responsible for a bicycle accident?

In South Dakota, determining who is responsible for a bicycle accident can depend on the situation. If both parties acted negligently, then both parties would likely be responsible for any damages. If the accident was caused by a defective bicycle or road conditions, then the bicycle manufacturer or the government agency responsible for maintaining roads may be liable. In South Dakota, cyclists have the same duties and rights as drivers, so they must obey the same traffic laws. Bicyclists must use signals, obey stop signs, and stay to the right side of the road. If a cyclist causes an accident because they disobeyed a law or were distracted, then generally they would be responsible for the accident. In some cases, cyclists may be hit by a motor vehicle, in which case the driver of the motor vehicle would likely be held responsible for any damages. If the motor vehicle driver was driving recklessly or under the influence, it is possible that he or she could face criminal charges. When a bicycle accident occurs, it is important for all parties to exchange information and report the incident to the police. An investigation may be necessary in order to determine who is ultimately responsible for the bicycle accident. It is also important to consult with an attorney to protect your rights.

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