The Atlanta Injury News Blog

Drivers Versus Bicyclists is the New War of the Roses

As Americans become more energy conscious, many are turning to the European and Chinese model of commuting — a bicycle.

But partly because American roads are not ready to welcome so many new bicyclists, and partly because drivers are not used to them, a new war is raging between drivers and bicyclists. Each side thinks that the other are *%$!#!! (fill in your choice of expletives here), reports Grist Magazine.

Drivers are not fond of bicyclists flouting stop signs and traffic lights; while the bicyclists don't like the close brushes with death that some drivers might give them (not to mention those suddenly opening doors as these crash test dummies illustrate).

In terms of personal injury law, the issue of contributory negligence often comes up.

As in many types of injury cases, defendants in bicycle accident lawsuits often claim that the bicyclist's negligence (specifically, contributory or comparative negligence) caused or contributed to the accident.

What this means is that if you are a bicyclist and you are aiming to sue a driver for aggressive behavior towards you that led to your injury, you have to be prepared to answer questions about your own riding.

There is a caveat here if the bicyclist is a child.

Child bicyclists are treated slightly differently than adult ones, reports FindLaw. So, if it is your child that had to face off against a driver, then you may be on stronger footing.

Either way, you should consider speaking to a personal injury attorney and try to lay out the facts. And, other than that, here's wishing safety for all in the drivers versus bicyclists war.

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