Publication details
Posuzování střetů cyklistů s řidiči motorových vozidel
| Title in English | Legal Assessment of Collisions Between Cyclists and Motor Vehicle Drivers |
|---|---|
| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | cyclist; motor vehicle; collision; liability; damages |
| Attached files | |
| Description | This article focuses on the basic rules on assessment of a collision between the driver of a motor vehicle and the driver of a non-motor vehicle - a bicycle. It is based mainly on the case law of the Czech Supreme Court and the Supreme Administrative Court. The authors conclude that the case law of the Supreme Courts, however relatively extensive, provides only a limited picture of the state of traffic on Czech roads and the accidents that occur when drivers and cyclists collide. It shows, however, how serious, often tragic, consequences are caused quite unnecessarily, especially due to overestimating one's own abilities and overlooking other road users. Collisions between drivers and cyclists are specific from a legal point of view in that they are road users with the same general obligations, but with different capacities to react to different traffic situations and, in particular, with different levels of vulnerability. The courts have emphasised the need to exercise reasonable care, the level of which depends on what can be expected from other road users in a particular case and the extent to which their movements and reactions can be monitored, also taking into account the severity of the traffic situation. Like the driver, the cyclist needs to behave in a prudent and predictable manner, which is helped by the use of active and passive safety features to increase visibility and protect their own health, including optional ones. However, the cyclist's ability to prevent an accident and possible injury is very limited. |