Cyclist accident

Unfortunately, there are more and more cycling accidents nowadays, which is obviously directly proportional to the number of cyclists on the roads. It is an unfortunate fact that there are still few good quality and safe cycle paths for cyclists, so that in many cases they are forced to ride on the road between vehicles.

Cycling accidents can be one of many causes. Cyclists can be both victims and, of course, at fault, so the scope of liability for damages varies accordingly.

Typical and unfortunately common cycling accidents are when the driver of a motor vehicle fails to give way and hits the cyclist, or when the driver of the motor vehicle fails to maintain “proper lateral distance” and swerves the cyclist.

It is clear that cyclists are the weaker party in road traffic, and the legislation in force therefore gives them special protection. The typical cyclist accidents mentioned above also fall under the scope of hazardous industrial liability, which is regulated by § 6:535 of Act V of 2013 on the Civil Code. This means that the driver of the vehicle causing the damage and the insurer managing its liability insurance are subject to so-called objective liability.

Under this strict liability, the cyclist involved in an accident can claim full compensation. The insurer administering the compulsory third party liability insurance of the damaging vehicle must pay compensation for the damages caused by the accident, such as hospitalisation and medication costs, medical expenses, lost wages, material damage, etc. In addition, the injured party may also claim damages for personal injury, the amount of which depends largely on the severity of the injury.

The driver of the vehicle causing the accident and the insurer of the liability may be exempted from liability for damages under the strict strict liability regime only if he proves that the damage was caused by an unavoidable cause outside the scope of the high-risk activity.