When a car hits a bicyclist while the car is turning right, both the driver of the vehicle and the bicyclist may be at-fault for the accident depending on the circumstances. The party who is at-fault for your bike accident will be liable for any injuries or damages you suffered in the crash.

(See our blog on who is at fault if a car turning left hits a bicyclist.)

How Do We Determine Fault in a Bike Accident Case?

In order to determine who was at fault for your bike accident, we will likely have to determine which party had the right of way: the bicyclist or the motorist. If one party has the right-of-way, the other party must yield and proceed only when the coast is clear.

Florida law classifies bicycles as vehicles and therefore, cyclists must abide by the same rules of the road as motorists. Bicyclists cannot ride with impunity and assume vehicles will yield to them at all times; they must yield to other vehicles under the same rules as all other traffic. Bicyclists are also responsible for keeping a proper lookout, abiding by traffic signals, and yielding when appropriate.

So, when we evaluate your case, we will look at the circumstances to determine who had the right of way when the car made the right turn and struck the bicyclist.

Who Has the Right-of-Way When a Car Makes a Right Turn?

Bike accidents involving vehicles turning right at an intersection can occur in a number of ways. Consider these example scenarios and which party may be liable:

  • Car turns right and cuts off a bicycle that was approaching the intersection at the same time as the car. Both vehicles have a solid green light. In this case, the car driver is likely liable.
  • Car turns right while traveling ahead of a bicyclist. Both vehicles have a solid green light. The bicyclist is traveling behind the car and thus should yield to the car making the right turn.

Thus, the liable party depends on the circumstances. We must gather evidence like video surveillance, police reports, eyewitness testimony, and more to gather the details of the accident. Armed with this evidence, we can evaluate liability and prove your claim to prove fault and get compensation for your damages.

Can I Recover Damages If Am Partially Liable?

Yes. Florida is a “pure comparative negligence” state, meaning that you can recover a reduced amount of damages even if you are partially responsible for your own injuries. In other words, a bicyclist who ran a stop sign and got hit by a car driver who was not paying attention may be 50 percent liable for their injuries. If the cyclist’s damages are $5,000, they can recover just $2,500 ($5,000 minus 50 percent liability).

Our Attorneys Can Help With Your Bicycle Accident Claim

Both motorists and bicyclists can be responsible for bicycle accidents by failing to yield to the other party. To discuss your accident, call the attorneys at Montero Law today: 954-767-6500.