Davis Law Group, P.S.

'Right of Way' In Bicycle Accident Law

Often times bicycle accident victims need the help of an experienced bicycle accident lawyer in order to get fair compensation for their injuries after a collision with a motor vehicle.  The legal concept of "right of way" refers to the right one party has over another to proceed on the roadway. Oftentimes the right of way is spelled out explicitly by signs or signals that tell motorists and cyclists what to do. Under Washington State law, motorists and cyclists are required to obey all signs and traffic signals that are properly installed and in good working order. In situations where there are no signals or signs, such as an uncontrolled crossing or the middle of a block, the law spells out who has the right of way in that situation. However, factors such as visibility, the speed at which a bicycle is traveling, and the ability of the driver to react in time can affect the question of who has the right of way.

This is one of the reasons why having complete information about the accident is so important. Physical evidence, photographs, the position and conditions of signals, eyewitness accounts, etc. go a long way toward showing who had the right of way and these can be vital to the outcome of a case. In many cases, a determination of which party had the right of way is the starting point to deciding which party is negligent for causing an accident.