Question from a reader:
Could you tell me about the percentage of fault when a bicycle accident occurs while crossing from a parking lot to the roadway? I understand that the car is usually at a greater fault, but I’m curious about how it would play out in specific situations. For example, let’s say the car checks both sides before exiting
the sidewalk and there is a considerable distance from a bicycle coming from the left. Then, when the car checks again before entering the roadway, it is still at a distance from the bicycle. If the car waits for other vehicles to pass and then collides with a bicycle that was trying to proceed, what would the fault distribution be? As a driver, I feel there is fault in not confirming the presence of the bicycle until the end, but from the bicycle’s perspective, I believe they should either wait for the car to pass or, if they can’t wait, pass behind it. If the car is unaware of them, there’s a high possibility of a collision if they proceed in front. In such a situation, I think the bicycle also shares some fault for trying to pass in front of a car that is clearly about to move. In this case, I believe a fault distribution of 8 (car): 2 (bicycle) would be reasonable, but if anyone has experienced a similar accident, I would appreciate hearing how the fault distribution was determined. Thank you.

Fault Distribution in Bicycle Accidents When Exiting a Parking Lot

In response to the reader’s question, I would like to consider the fault distribution from a legal perspective while taking specific cases into account. Particularly, the fault distribution in accidents involving bicycles when exiting a parking lot is very nuanced and involves many factors.

Background of the Case

First, let’s clarify the situation presented by the questioner. The car is exiting a parking lot, crossing the sidewalk to the roadway, and there is a distance from a bicycle coming from the left. Furthermore, the driver checks again before exiting the sidewalk. However, after waiting for other cars to pass, the car collides with a bicycle that was already in motion. In such a situation, the driver may feel at fault for not confirming the presence of the bicycle until the end. However, from the bicycle’s perspective, proceeding forward while anticipating that a car might start moving is indeed a dangerous act. Considering these mutual viewpoints makes setting the fault distribution challenging.

Legal Perspective Analysis

When analyzing the fault distribution in accidents involving cars and bicycles, it is essential to consider the duty of care owed by both parties. Cars are larger vehicles and their drivers are held to a particularly high duty of care. On the other hand, bicycles, as road users, are also obligated to follow traffic rules. Generally, in accidents involving bicycles, the car often bears a significant amount of fault. This is partly due to the reduced visibility of bicycles when the car is in motion. However, depending on the specific circumstances, there may be instances where the bicycle also shares some fault.

Consideration of Specific Fault Distribution

In the situation described by the questioner, the car checks both sides before exiting the sidewalk and waits for other vehicles to pass before the collision occurs. This is a crucial point. While the driver’s failure to confirm the presence of the bicycle is a fault, if the bicycle rider recognized that proceeding forward was dangerous given the potential for the car to start moving, they might also be seen as failing to fulfill their duty of care. If this accident were to go to court, the fault distribution might be considered as follows: – Fault of the car: 70% – Fault of the bicycle: 30% This takes into account that the car should have conducted a thorough check while also acknowledging that the bicycle had a duty of care.

Real-Life Accident Example

Here, I would like to share a story about a friend of mine. He was involved in a similar accident with a bicycle. While exiting a parking lot, he checked his surroundings but overlooked a bicycle, resulting in a collision. As a result, the car was found to bear most of the fault, but he himself regretted that he “could not predict the bicycle’s movements.” Thus, the psychological impact after an accident is also significant. When considering who is at fault, the person involved in the accident often carries a heavy emotional burden and feels a sense of legal responsibility. Considering the mental aspect after an accident is also an important point in preventing future incidents.

What Can Be Done to Prevent Accidents

As a driver, it is advisable to pay attention to the following points to avoid accidents: 1. Thorough checks: When exiting a parking lot, especially be cautious and check your surroundings multiple times to ensure no bicycles or pedestrians are approaching. 2. Predicting bicycle movements: Anticipate how bicycles might move. Particularly when there are bicycles in motion, it is necessary to be attentive to your own vehicle’s movements. 3. Mental preparedness while driving: To prevent accidents, it is essential to maintain a calm mental state while driving. Focus on acting decisively and without haste. 4. Education and awareness: It is important to encourage bicycle riders to adhere to traffic rules and maintain a mindset of safe riding.

Conclusion

The fault distribution in bicycle accidents when exiting a parking lot is complex. Understanding the duty of care owed by both the car and the bicycle and striving for respectful behavior towards each other is crucial. Moreover, while maintaining a legal perspective, it is also important to consider mental health. Such issues are something everyone may face in daily life. It is vital to reflect on traffic safety by considering personal experiences and the stories of those around us. Accidents can happen in an instant, and to protect the safety of oneself and everyone around, it is essential to be mindful of daily actions.