Many of Missouri’s streets offer bike lanes to ensure that cyclists can use these roads safely while faster traffic passes by to the side. Occasionally, however, a motor vehicle may cross into a bike lane and cause an accident. If you are hit by a car in a bike lane, it is important to take immediate steps to ensure your safety. You may also want to seek the advice of a personal injury lawyer to discuss your options for recovering damages. The Kansas City team at Dickerson Oxton has achieved a 98% success rate over our years in practice, and we are proud to continue putting our expertise to work for Kansas City residents. Schedule your consultation today by calling (816) 542-6599.
What Are the Steps To Take if You Get Hit by a Car While Riding a Bicycle?
If you get hit by a car on any of Missouri’s roads, it is critically important that you seek medical attention right away, even if you think you are not badly injured. Internal injuries can sometimes be serious even when there is little to no visible damage, and the assessment of a medical professional can help to ensure you get the care you need without delay. In addition, the documentation created by a post-accident medical evaluation may sometimes be pivotal in proving the extent of your injuries if you need to file a claim for damages.
Summary of Bicycle Accidents and Bike Lane Crashes
Being hit by a car in a bicycle lane in Missouri involves specific legal considerations, including fault determination and compliance with state traffic laws governing cyclists and motorists. RSMo § 300.330 restricts motor vehicle use of bicycle lanes primarily to turning maneuvers, and violations may influence liability in a bicycle accident claim. In many cases, injured bicyclists may be able to recover damages reduced by their percentage of responsibility. Attorneys at Dickerson Oxton in Kansas City assist individuals with understanding legal options related to bicycle and motor vehicle accidents.
Can You Drive on a Cycle Lane?
RSMo § 300.330 limits the lawful use of bike lanes by motor vehicles to maneuvers such as crossing the lane to make an authorized turn. Driving down the lane, rather than turning across it, is generally prohibited for motor vehicles of all kinds, with the exception of motorized bicycles as defined under RSMo § 307.180. If you were hit by a car that was using a bike lane in a manner inconsistent with the strictly limited circumstances permitted under Missouri law, then the motorist’s violation of the rules of the road may affect the way fault is apportioned in your case.
In addition, the drivers of motor vehicles have certain obligations when it comes to the use of turn signals to indicate their intention to turn across a lane of travel. Even an otherwise lawful use of a bike lane in turning may violate Missouri law if the driver fails to obey these rules regarding the use of signals.
What Is a Bicycle Lane Called?
Although bicyclists often have questions about the formal legal terms for the lanes designated for their use, Missouri law generally refers to these travel lanes as bicycle lanes and reserves them for the use of bicycles. Some people may use the more casual term “bike lanes”; there is nothing wrong with this usage in casual settings, but in legal contexts, the bicycle designation can be important because “bike” is sometimes used informally to refer not only to bicycles but to motorcycles (or “motorbikes”).
Motorcycles are distinguished from motorized bicycles (also sometimes called “scooters,” according to the Missouri State Highway Patrol) under state law, even though a motorized bicycle (like motorcycles but unlike bicycles powered exclusively by foot pedals) requires an appropriate driver’s license for operation on state highways. As a result, it may sometimes be important to differentiate among the types of two- or three-wheeled vehicles that are permitted to freely use bicycle lanes throughout the state. Note that, as the Missouri Bicycle and Pedestrian Federation explains, city ordinances may be more specific and even more restrictive than the state code about motor vehicles and traffic regulations, as long as the local rule does not conflict with state law.
Who Is at Fault in a Car-Bike Accident?
Bicyclists in Missouri are subject to many of the same legal responsibilities as the drivers of motor vehicles when they use state highways. Although purely pedal-powered bicycles are not subject to the same license requirements as the operators of passenger cars or motorcycles, bicyclists in other respects also hold similar responsibilities, including the responsibility to obey the rules of the road. What this means for you, if you are hit by a car in a bike lane, is that the other driver (or their insurance provider) may have a substantial incentive to show that you deviated in some way from those rules, and that in so doing, you contributed to the accident. Owing to a legal principle called comparative fault, this incentive may apply even when the driver of a car crossing into or over a bike lane has the primary responsibility for respecting the bicycle’s right of way.
Understanding Comparative Fault
Comparative fault is one way of apportioning liability in personal injury cases sounding in negligence. Under a comparative fault framework, a person injured as a result of someone else’s negligence can legally recover damages, even if they themselves also acted negligently and their own negligence contributed to the harm they experienced. This system contrasts with contributory negligence, in which a party who has contributed to their own injuries cannot recover compensation, even if they bear only a small share of the total responsibility for the incident in which they were injured.
The History of Comparative Fault in Missouri
Missouri differs from many other states in that the way fault is apportioned in most personal injury cases is guided by case law (court decisions) rather than statutory law (passed by the legislature). Products liability cases follow a comparative fault rule explicitly established by statute in RSMo § 537.765. For other personal injury cases, including those involving bicycle and motor vehicle accidents, the rule that governs apportionment of fault between defendant and plaintiff is a precedent established by the 1983 en banc decision of the Missouri Supreme Court in Gustafson v. Benda. Since that decision was issued, as an exposition published two years later in the Missouri Law Review explains, Missouri has followed a system of “pure” comparative fault.
How Does Comparative Fault Affect Compensation if You Are Hit by a Car in a Bike Lane?
The “pure” comparative fault distinction can have important implications for individuals injured in some car and bike accidents. Many states follow a “modified” comparative fault rule in which plaintiffs are barred from recovering compensation if they are found to hold 51% or half (depending on the jurisdiction) of the responsibility for their own injuries. In a pure comparative fault state like Missouri, an individual injured in an accident to which someone else’s negligence contributed can recover a percentage of their total damages equal to the percentage of responsibility attributed to the other party. This “equal to the percentage of responsibility” aspect of pure comparative fault means that the compensation an accident victim ultimately receives may be reduced by the same percentage their negligence is found to have contributed to their injuries. Obviously, this situation gives defendants an incentive to prove negligence on the part of the accident victim; at Dickerson Oxton, one of our top priorities in these cases is to collect and organize the evidence needed to show why any negligence on the part of our client had a minimal impact on the total damages.
Joint vs. Several Liability in Bike Lane Accidents
Sometimes an injury claim arising from a car-bike accident may have more parties than just the bicyclist and the driver of the motor vehicle. While a jury may sometimes find that a bicyclist acted negligently in a way that made their accident more likely to occur (for instance, by failing to wear appropriately reflective gear after dark), and the driver of a car may have been negligent in failing to check their side-view mirrors before crossing a bike lane, many bike lane accidents present a more complicated picture because another party’s negligence created conditions under which an accident was more likely to occur. Unfortunately, many municipalities are not consistent in clearly marking their bike lanes. The resulting confusion can make it much more likely for a bicyclist to be hit by a car.
Having more than one defendant will not necessarily affect a bicyclist’s right to compensation, but it can make the recovery process more challenging. While the apportionment of fault between a plaintiff and a single defendant will be determined by the pure comparative fault rule, in a case with more than one defendant, the total share of responsibility not belonging to the plaintiff will need to be divided among the defendants. RSMo § 537.067 establishes the rules that courts follow in these cases. Because the plaintiff’s damages are reduced only by the proportion of their own contribution, determinations regarding joint vs. several liability may not affect the amount they ultimately receive, but can sometimes add complexity to the collection process.
Call a Lawyer if You Are Hit by a Car in a Missouri Bike Lane
If you are hit by a car while legally using a bike lane in Missouri, your first steps are to seek medical care right away and report the crash to law enforcement. Document your injuries as soon as you are able; you may also be able to document the scene of the accident, depending on the circumstances. Once the immediate danger has passed, consider getting in touch with an experienced personal injury attorney. Lawyers can often support accident victims by gathering evidence to help show the driver’s fault, and navigating Missouri’s pure comparative fault rules to ensure their clients recover fair compensation. Call the Kansas City personal injury attorneys with Dickerson Oxton at (816) 542-6599 today to schedule your private consultation.
Frequently Asked Questions About Missouri Bicycle Lane Accidents and Comparative Fault
The following FAQs address common legal questions related to bicycle lane accidents, Missouri traffic laws, and personal injury claims involving motor vehicles.
What Should Someone Do Immediately After Being Hit By A Car In A Missouri Bike Lane?
Individuals involved in a bicycle accident in a Missouri bike lane should seek immediate medical attention, report the crash to law enforcement, and document injuries and accident conditions to support potential claims. Prompt medical evaluation helps identify internal injuries, while official reports and photographic evidence may strengthen a personal injury claim under Missouri law.
Are Motor Vehicles Allowed To Drive In Bicycle Lanes In Missouri?
Motor vehicles are generally prohibited from driving in bicycle lanes in Missouri under RSMo § 300.330, except when crossing the lane to make lawful turns or similar limited maneuvers. Unauthorized use of a bicycle lane by a motorist may constitute a violation of Missouri traffic law and may influence fault determination in a bicycle accident case.
How Does Comparative Fault Affect Compensation After A Bicycle Accident?
Comparative fault in Missouri affects compensation by reducing an injured bicyclist’s recovery based on their percentage of responsibility for the accident under the state’s pure comparative fault system. Even if a bicyclist is partially at fault, Missouri law still permits recovery of damages proportionate to the other party’s share of negligence.
What Is The Difference Between Joint And Several Liability In Missouri?
Joint and several liability in Missouri refers to how multiple defendants share financial responsibility for damages, with courts allocating fault percentages under RSMo § 537.067 in personal injury cases. This framework may affect how compensation is collected from responsible parties, but it does not reduce the total damages owed to the injured bicyclist.
Do Bicyclists Have The Same Legal Responsibilities As Drivers In Missouri?
Bicyclists in Missouri must follow many of the same traffic laws as motor vehicle drivers, including obeying signals, yielding appropriately, and maintaining safe roadway conduct. Although licensing requirements differ, failure to follow traffic rules may impact liability and compensation under Missouri comparative fault principles.
How Can A Law Firm Assist After A Missouri Bicycle Lane Accident?
Attorneys at Dickerson Oxton may assist individuals involved in Missouri bicycle lane accidents by gathering evidence, analyzing fault under comparative fault rules, and explaining potential legal options for pursuing compensation. Consider visiting with an experienced attorney at Dickerson Oxton to learn more about available legal paths following a bicycle and motor vehicle collision.