Determining fault for these accidents comes down to which party was negligent for causing the crash. That involves looking at the crash scene, contacting witnesses, reviewing the police report, etc.
As long as the bicyclist was no more than 50% responsible, then he/she may pursue a claim for pain and suffering against the insurance policy for the motor vehicle operator. Regardless of fault, the cyclist’s medical bills and lost wages will be paid up to $8,000.