Monthly Archives: July 2012

Bicycle Accident Attorney Bascom, Florida

Bike Accidents – Bascom, FL 32423

Bike mishaps can result in serious and often fatal injuries. Lawsuits to recover damages for injuries in bike accidents with autos include a lot of the same issues as any car accident lawsuit. Liability for bike mishap injuries often boils down to negligence– whether the vehicle chauffeur’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist triggered or added to the mishap.

Bike Mishap Liability Fundamentals

Bicyclists and chauffeurs are obligated to obey the rules of the road. These guidelines include traffic laws, in addition to the task to work out ordinary care in regards to one’s own security and that of others on the roads. Like other lorry mishap claims, bicycle mishap claims are governed by state law, and frequently notified by state and local traffic laws.

Negligence and Bike Accidents in Bascom, Florida

When a cyclist sues to recuperate damages for injuries suffered in an accident with a vehicle, the outcome often depends upon two questions:

  • Did negligence (or recklessness) on the part of the motorist cause the accident and resulting injuries to the bicyclist?
  • Did any negligence of the bicyclist cause or contribute to the mishap?

Motorist Negligence or Recklessness

Negligence by a driver can take lots of types. For instance, speeding, running a stop indication, and wandering into a bike lane all make up motorist negligence, or even recklessness if done with knowing neglect for the safety of others.

In a suit alleging negligence by another individual, complainants usually should show that the defendant acted in a way that broke a responsibility owed to the complainant. In vehicle mishap cases, this means breaking the fundamental task of care owed to everyone else on or near the roadways.

Accident lawsuits come down to facts particular to the individual case, and typically the capability of the plaintiff to show negligence through eyewitness statement or other proof. In automobile accident cases, however, behaviors which make up traffic infractions can constitute “negligence per se.” This indicates that if a motorist was mentioned for an infraction such as speeding at the time of the accident, proof of the speeding infraction counts as proof of negligence. The concern then moves to the accused to prove that she or he didn’t trigger the plaintiff’s injuries.

Cyclist Negligence – Bascom, Florida 32423

Whether a bicyclist takes legal action against a driver, or a bicyclist is demanded triggering somebody else injury, cyclist negligence can determine the outcome of the claim. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.

Irresponsible cyclists might be unable to recover damages for injuries they suffer in accidents involving cars. Such negligence is called contributing or comparative negligence, indicating that the cyclist’s negligence, at least in part, triggered the accident to occur, and hence caused at least some of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence triggered injury to somebody else, the cyclist may be held accountable for that person’s injuries.

In mishap cases involving kids on bicycles, courts hold motorists to a greater requirement. See specifics on kid bike mishap liability for more information.

Get Your Legal Claim Evaluated for Free

Mishaps including autos and bicycles can involve serious injuries and big liabilities. Bike mishap suits frequently boil down to whether the driver or the cyclist negligently caused or added to the mishap. This negligence determination can be a complex and need extensive analysis. If you or a loved one has been in a bike accident, you need to seek advice from a lawyer to best safeguard your rights. You can have an experienced law office examine the benefits of your claim totally free.