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Accidents, Traffic

Who had the right of way?

A critical question that must be answered in any potential case involving an accident between a car and a bicycle is who had the right of way.  State laws will vary on this subject depending on the nature and location of the crash, what hazard signs were present in the area, etc.  In most states, bicycles are considered vehicles and subject to the same traffic laws as motorized vehicles, but there are exceptions to the rule.  Take Indiana for example.  According to this article, Indiana state law is currently unclear as to whether cars are required to yield to bicycles crossing a trail crosswalk.  This presents a potential problem for any would-be cyclist plaintiff who might be injured by a car in one of these crosswalks.  If you are a cyclist who has been injured in a wreck with a motor vehicle, it is important that you consult an attorney to determine what traffic laws were applicable to both yourself and the motor vehicle at the time of the accident.  Who had the right of way could make or break your case.

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About J.R. Skrabanek

I am an attorney in Austin, TX. I like bikes. I would like to educate others about bicycle laws in Texas and elsewhere, including what effect they may have on personal injury claims. Please feel free to contact me at jskrabanek@smsm.com if you need legal assistance with any matter involving bicycles in any way.


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