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As experienced bicycle accident attorneys, Busald Funk Zevely P.S.C. can evaluate your specific case to give you a tailored answer about who is at fault. We are highly familiar with proving negligence in Florence bicycle accident cases, and we can assess and verify who should cover your injury-related losses as a cyclist.
Laws To Be Aware of After a Bicycle Accident
One statute we find ourselves explaining often to people injured in bicycle accidents is Kentucky Revised Statutes (KRS) § 189.287. This law says bicyclists must follow the same rules of the road that cars do, but drivers are also expected to share the road and yield when required.
Under the Commonwealth’s no-fault system, if you want to sue the at-fault driver, your injuries have to meet certain requirements. According to KRS § 304.39-060, you can bypass the no-fault rules and file a lawsuit if your medical bills exceed $1,000 or if the accident broke a bone, left you permanently disfigured, or caused a permanent injury.
The Commonwealth also has a comparative fault system (KRS § 411.182). If the court decides you were partly to blame for the accident—for example, if you were riding against traffic or did not have a light on at night—they can reduce your compensation based on how much fault they assign to you. Our experienced Florence lawyers can explain how these laws relate to demonstrating negligence in cycle collision claims.
How Do Courts Assess Negligence in a Bike Accident Case?
Negligence in a bike accident depends on proving the car driver did not use reasonable care. Perhaps they failed to stop at a red light, turned without signaling, or did not yield when they should have. Courts consider whether the driver broke traffic laws, ignored signs, or failed to see you on your bike when any reasonable person should have noticed you.
Eyewitness statements, dashcam video, and police reports are vital when it comes to establishing negligence in a Florence bike crash claim. As accident lawyers with years of experience, we will also examine the driver’s cell phone records if we think they might have been texting or distracted. Sometimes we bring in an accident reconstruction expert who can piece together what happened by looking at skid marks, damage to the bike and car, and the final positions of everyone involved in the crash.
Does the Law Favor Drivers or Cyclists?
Commonwealth law does not favor drivers or cyclists by default. It holds both to the same general traffic rules. However, in practice, bias can sometimes influence accident investigations. We notice that police reports often assume the cyclist was in the wrong, especially if the responding officer lacks training in bicycle-related traffic law. Jurors or insurance adjusters often sympathize with the car driver without clear evidence and full context.
Another problem is that there is no Commonwealth law requiring cars to keep a certain distance when passing cyclists. This creates confusion in cases where a driver sideswipes or barely misses a cyclist. Some cities have their own rules about this, but there is no consistency.
Ultimately, the law intends to ensure fairness for all parties. Does bias creep in? It can. What affects the outcome is how well the claimant documents and presents the facts. By demonstrating negligence, a trusted attorney from Busald Funk Zevely P.S.C.’s Florence offices can make sure your bicycle collision case is as strong as it can be.
If You Need a Florence Bike Accident Attorney To Help Establish Negligence in Your Claim, Call Us Today
Our experienced legal team regularly succeeds at proving negligence in Florence bicycle accident cases. We understand that every case is different and needs specific evidence to prove liability, and we will gather that evidence whenever possible.
Call Busald Funk Zevely today to schedule a free case review.
