Cyclists' accident

1. Preface

When people think of traffic accidents, they usually imagine accidents involving cars or motorcycles. However, it is important to be aware that many accidents are also caused by bicycles, and that the consequences and responsibilities of bicycle accidents are as serious as those caused by cars and motorcycles. The Road Traffic Law, which is called "Douro Kotsu Ho" in Japan, considers bicycles to be light vehicles. That is, bicycle is a type of vehicle according to the law. Some sidewalks are open to cyclists, but as a general rule, cyclists must pass on the roadway, not on the sidewalk. This is the basic rule. Although bicycles are a type of vehicle, of course they are not subject to the same rules as cars and motorized vehicles. That's why you need to know the regulation for bicycles. However, the rules on bicycles are little known. For example, the roads on which bicycles must circulate and the signs they must obey are not very well known.

In this article I explain about some bicycle rules in the law and responsibilities shortly in the event of a bicycle accident.

2. The bicycle law.

(1) What is a bicycle?

First of all, what does the Road Traffic Law include in bicycles? Are children's bicycles included in the bicycle category in the law? Although there are no clear criteria in this regard, a bicycle that, in general, is to transport a person under six years of age and that only reaches a speed of less than eight kilometers per hour is not considered a bicycle according to the law. A child who rides a bicycle of this type legally receives the same treatment as a pedestrian. And are bicycles with electric assistance included in bicycles? Basically, electric-assisted bicycles are included in bicycles. But, of course, a motorized bicycle is not a bicycle.

(2) Areas that cyclists must pass through.

If there are no bike lanes, cyclists must circulate on the roadway, not on the sidewalk. On roads where there is no sidewalk and there is only a line to divide, cyclists can pass outside the line just like pedestrians, but they must pass with the way that pedestrians get out of the way.

However, in exceptional circumstances, cyclists may be allowed to pass through the sidewalks. Cyclists can drive on sidewalks if the cyclist is under 13 years old or over 70 or has certain physical disabilities. Bicycles can also circulate on sidewalks when there are works or vehicles parked on the roadway, or when there are many motor vehicles and there is a risk of contact with them.

It is not well known and, in fact, many cyclists circulate on the pedestrian sidewalk without the appropriate conditions, but the truth is that driving on the sidewalk is an exceptional case.

(3) Signs that cyclists must obey

This is not very well known either, but cyclists who circulate on the road basically follow the traffic lights for cars and do not obey the traffic lights for pedestrians. However, many cyclists follow the pedestrian traffic lights. Traffic lights for cars and traffic lights for pedestrians have slightly different times. Sometimes there are traffic lights for both pedestrians and cyclists. In this case, cyclists need to obey this traffic light. When cyclists are on the sidewalk, respect the signs for pedestrians.

3. Bicycle accident

(1) Types of liability for bicycle accident

From here I explain about the bicycle accident. You need to think about 3 types of responsibilities when the bicycle accident occurs. Civil liability, criminal liability and administrative responsibility. It is the same as in the case of traffic accidents.

(2) Civil liability

Civil liability means the obligation to pay compensation to the victim. It is basically the same as the cases of car and motorcycle accidents. Both parties are obliged to pay compensation for the other party's injury and material damage based on their proportion of fault. Types of damages may include medical expenses, damages from sick leave, compensation for emotional distress and future damage due to residual injuries. Each and every damage requires a specialized calculation. Civil liability will always arise, unlike criminal or administrative responsibility.

But, unlike cars, bicycles do not have compulsory insurance. Therefore, if a person who has caused an accident with a bicycle does not have their own voluntary insurance, the victim may not be able to receive compensation from the insurance company. This is the serious difference between the case of the car and bicycle accident. The Government promotes the use of insurance for cyclists.

(3) Criminal liability

Criminal responsibility literally means a crime. In practice, criminal liability is rarely pursued in bicycle accidents, but there are several criminal charges that may arise from a legal perspective.

If a bicycle traffic accident is caused by gross negligence, resulting in the death or injury of a person, the crime of homicide by gross negligence typified in the Criminal Code is classified. Serious negligence can be driving under the influence of alcohol or looking at a smartphone. The penalty that can be punished is very severe: up to five years in prison or a fine of up to one million yen. The Road Traffic Law also regulates harsh penalties for riding a bicycle under the influence of alcohol or drugs. The penalty is equal to up to 5 years in prison or up to 1 million yen fine. In addition to these serious infringements, there are also numerous provisions on minor infringements for non-compliance with traffic rules. For example, it is regulated that ignoring a traffic sign is punishable by prison sentences of up to three months or fines of up to 50,000 yen. In practice, it is unlikely that a sanction will actually be imposed just for ignoring a signal, but the law stipulates that.

Do not forget that, in the event of a bicycle accident, you are obliged to immediately help the injured, prevent the danger and report the accident to the police, and that not doing so may also lead to possible criminal penalties.

(4) Administrative responsibility

Administrative responsibility is not related to the bicycle accident normally because there is no bicycle driving certificate. However, in the event that you drive a bicycle in a very dangerous way and the accident occurs, it would be possible that the car driver's license will be canceled. However, it is very exceptional.

4. Impact on visas

For foreigners, the impact on residence status is worrying. There is no doubt that a criminal case or an administrative sanction will have a negative impact on your residence situation. Especially criminal cases have a direct impact on visa status. There are complex regulations on the relationship between criminal case and deportation. However, as I have already said, criminal and administrative cases only occur in very serious cases. In the case of civil liability only, there will basically be little or no impact on your residency status.