Seattle Bicycle Accidents: No
Presumptive Liability for Drivers
Bicyclists Hit by a Motor Vehicle have the Initial Burden of
Proving Liability
In personal injury cases, such as when a driver of a motor vehicle
is injured by another driver, the plaintiff normally has the initial burden of
proving that: (1) the defendant was negligent; (2) the plaintiff was injured;
and (3) that negligence of the defendant was a proximate cause of injury to the
plaintiff. The plaintiff must prove these facts by a ‘preponderance of the
evidence,’ which equates to a more-likely-than-not standard.
The law provides certain exceptions to this initial burden,
however, such as when a following vehicle collides with the vehicle in front of
it, in which case negligence on the part of the following driver will be
presumed. Interestingly, the law provides no exception for this burden of proof
in the case of collisions between bicyclists and motor vehicles. Subject to
only narrow exceptions, bicyclists who are hit by a motor vehicle still have to
meet this initial burden of proving liability on the part of the motor vehicle
driver.
Washington statute provides the default rule that bicyclists are
subject to the same laws as motor vehicles, explaining that:
Every person riding
a bicycle upon a roadway shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle… except as
to special regulations of this chapter… and except as those provisions of this
chapter which by their nature can have no application.
RCW
46.61.755. One notable case-law exception to this general rule is that a
bicyclist in a crosswalk is not subject to general traffic rules and is
entitled instead to the protections of a pedestrian.
Should the Law Create a
Presumption of Liability for Drivers?
While
the plaintiff’s initial burden of proof is likely appropriate in the context of
a collision between two motor vehicle drivers, some commentars argue that this burden is inappropriate for
collisions between cyclists and motor vehicles. The Washington Bike Law organization,
for example, argues that, by presuming liability of motor vehicle drivers who
collide with cyclists, the law would:
· (a) take
into consideration the power imbalance between motor vehicles and bicycles;
· (b) increase
bicycle ridership; and
· (c) account
for the fact that many bicyclists suffer memory loss because of head injuries
and have difficulty meeting their burden of proof.
Lobbyists are pursuing efforts to sponsor legislation that creates presumptive
liability for motor vehicle drivers who collide with bicyclists or pedestrians.
Presumptive
liability for motor vehicle drivers is not a concept unique to the United
States. On the contrary, several European countries have adopted legal systems
where motor vehicle drivers are presumed liable in collisions with pedestrians
or bicyclists, including the Netherlands, Spain, Sweden, Germany, Belgium and
France.
Opponents
of imposing presumptive liability on drivers argue that our legal system is
based upon the presumption of innocence, and that presumptive liability
violates this basic principle. Furthermore, opponents highlight the fact that
Personal Injury Protection (PIP) is fairly common in Washington, and provides
no-fault injury coverage for medical treatment, thereby avoiding injustice
while the injured bicyclist or pedestrian argues his/her case.
Conclusion: Be Aware of
Your Rights and Responsibilities
This
concept of presumptive liability will likely be debated in the future, as urban
cities shift towards alternative modes of transportation to adjust for growing
populations and limited space. With no change to the law apparent in the near
future, however, it is important the bicyclists involved in a collision with a
motor vehicle understand that they have the same general rights and
responsibilities as motor vehicle drivers. This means that an injured bicyclist,
much like an injured motor vehicle driver, will have the initial burden of
proving liability.
The
same common recommendations for injured motor vehicle drivers therefore apply
to injured bicyclists:
e 1) exchange
information with the other party;
· 2) talk
to witnesses and get their contact information;
· 3) take
pictures if possible;
· 4) keep
track of any medical treatments received after the collision.
Our Firm
520 Kirkland Way, Ste 103
