How do you establish liability in a bicycle crash?

In an accident, if a person has not followed the rules of the road or otherwise acted in a negligent manner, they could be found partially or fully liable for damages caused to another person. Some common ways drivers are found liable include:

  • Changing lanes without activating a turn signal;
  • Entering or turning at an intersection without first checking for cyclists;
  • Ignoring a cyclist’s right of way; or
  • Opening a car door into an oncoming cyclist’s path.

If a cyclist was also being negligent or being unsafe while on the road, they may be found to be partially at fault for their injuries (contributory negligence). An investigation will help determine whose actions caused the accident and what proportion of the accident they are liable for.