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Avoiding a collision but still crashing
— what do I do?
By Jim Freeman, Esq.
In the course of my practice, I sometimes hear from cyclists
injured in the process of avoiding a collision – not from
actual physical contact with the car. This often occurs when a cyclist
is forced to take evasive actions to avoid a wayward car. The cyclist
may be successful in avoiding a collision, but she still loses control
and crashes.
If a cyclist is injured in the course of avoiding a collision due
to a driver’s negligent or careless actions, the cyclist should
have a right of recovery against the driver, owner and any applicable
insurance policy.
Consider dooring. The cyclist might have just enough time to veer
out of the way of the door, but that action causes the cyclist to
lose control of her bicycle. The cyclist crashes, injuring herself
and damaging her bicycle.
One or both parties might be under the mistaken impression that
there must be actual physical contact between the car and the cyclist
in order to give rise to any liability claim. I have even heard
of situations where the driver simply left the scene, presumably
thinking that they bore no responsibility to the cyclist because
the cyclist did not contact the car.
This could happen in all sorts of circumstances, and such a situation
should be treated as any other crash, regardless of contact with
the car. You should call the police, exchange information, get witness
information, seek medical attention, preserve evidence and take
pictures of any damage or injuries.
Wheels of Justice is a regular column that provides tips on
some of the legal aspects of bicycling. This column should not be
considered legal advice. Send your questions about bicycling and
traffic laws to bikelaw@biketraffic.org.
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