1. Right-of-Way: In most cases, the vehicle making a right turn must yield to the oncoming traffic, including bicycles. Bicycles have the same rights as any other vehicle on the road and are entitled to their right-of-way.
2. Traffic Laws: Traffic laws and regulations may vary by jurisdiction. It's important to understand the specific laws related to right-hand turns and cyclist safety in your area.
3. Visibility: The driver's visibility plays a vital role in this scenario. If the cyclist was clearly visible and riding within the designated bike lane or path, the driver may be considered negligent for failing to maintain proper lookout.
4. Speed and Safety: Both the speed of the cyclist and the driver should be taken into account. If either party was exceeding the speed limit or operating their vehicle in an unsafe manner, they could be held responsible.
5. Proper Signaling: Failure to signal properly before making a right turn can contribute to the accident. The turning vehicle should use turn signals to alert other road users of their intended move.
6. Evidence and Witnesses: Gathering evidence, such as photographs of the accident scene and statements from witnesses, can help establish the sequence of events and assign fault accordingly.
Based on these factors, it's generally assumed that the driver of the car turning right may be held liable for the accident, as they have a duty of care to yield to oncoming traffic, including bicycles. However, the exact determination of fault can be complex and influenced by specific circumstances and local regulations.
