How is it determined, who is at fault when a bicyclist is hit by a car? Cohen & Marzban Law Corporation knows not all bicycle cases are the same. In fact, they are all different and so many factors come into play in determining legal liability. Was the bicyclist traveling on the sidewalk or in the street? Was he or she going in a car lane or dedicated bicycle lane? Was the bicyclist traveling in the same direction as car traffic (right side of roadway) or traveling against traffic/ which city did the collision happen in (not all cities have the same rules)? Was the bicyclist wearing a helmet? Were there any obstructions to the bicyclist’s view or to the car driver’s view? What do the witnesses say? Is there anything the bicyclist could have done to avoid the impact? Is there anything the car driver could have done to avoid the accident? Was the car drive using his mobile phone (text or phone call) at the time of the accident? Is it possible for there to be more than one cause of a car versus bicycle accident? Yes. There are tons of questions that must be answered to evaluate legal liability of the bicyclist and of the operator of the car. Investigation in the very beginning is the key to winning in the end. Some law firms hire outside investigators and other personal injury law firms, cut corners and do not spend to hire outside investigators. Our firm is different than most. We have our own in house investigation department that generally employs 5 investigators. Our director of Investigation is a licensed private investigator with more than 30 years’ experience. We do the upfront investigation that is needed to make our cases winners. We aim to get that investigation done, before the insurance investigators on the other side, do what they do to win the case from their perspective. An experienced investigator (supervised by an experienced personal injury attorney) strives to make all the right moves and early on for the benefit of our client. When we perform our complete accident investigation, we try to leave nothing to chance. We do all that is reasonably necessary to make for the right result at the end of the case. We have seen other law firms not do the needed investigations in the beginning and when they had a chance to do it before the insurance carrier got to witnesses and sometimes a failure to investigate when there was a chance, will result in key evidence disappearing, videos of the scene no longer available and a case that could have been won, now in a position where we no longer have the evidence needed to win.