Bike Accidents – Redwood City, CA 94059
Bike accidents can result in severe and in some cases fatal injuries. Lawsuits to recover damages for injuries in bike accidents with automobiles involve many of the very same problems as any auto accident suit. Liability for bike accident injuries frequently comes down to negligence– whether the cars and truck motorist’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist caused or contributed to the accident.
Bicycle Accident Liability Fundamentals
Bicyclists and chauffeurs are obliged to obey the rules of the road. These guidelines include traffic laws, as well as the task to exercise regular care in regards to one’s own safety which of others on the roads. Like other automobile accident suits, bike mishap claims are governed by state law, and typically notified by state and regional traffic laws.
Negligence and Bicycle Accidents in Redwood City, California
When a bicyclist takes legal action against to recuperate damages for injuries suffered in an accident with a vehicle, the outcome typically depends upon 2 concerns:
- Did negligence (or recklessness) on the part of the chauffeur cause the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or add to the mishap?
Driver Negligence or Recklessness
Negligence by a chauffeur can take many forms. For instance, speeding, running a stop sign, and wandering into a bike lane all constitute driver negligence, or perhaps recklessness if finished with knowing neglect for the security of others.
In a suit declaring negligence by another individual, plaintiffs usually must show that the offender acted in a manner that breached a duty owed to the complainant. In car accident cases, this indicates breaking the fundamental responsibility of care owed to everybody else on or near the roadways.
Accident lawsuits come down to realities particular to the specific case, and often the ability of the plaintiff to show negligence through eyewitness testament or other proof. In cars and truck mishap cases, however, habits which constitute traffic offenses can make up “negligence per se.” This implies that if a motorist was mentioned for a violation such as speeding at the time of the mishap, evidence of the speeding offense counts as evidence of negligence. The burden then moves to the accused to show that he or she didn’t cause the complainant’s injuries.
Cyclist Negligence – Redwood City, California 94059
Whether a cyclist sues a chauffeur, or a cyclist is sued for causing someone else injury, cyclist negligence can identify the outcome of the suit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop sign, and turning suddenly into traffic.
Irresponsible cyclists may be not able to recover damages for injuries they suffer in mishaps including cars. Such negligence is called contributing or relative negligence, indicating that the bicyclist’s negligence, a minimum of in part, triggered the mishap to take place, and thus caused at least some of the cyclist’s injuries. If a bicyclist rode negligently, which negligence triggered injury to somebody else, the cyclist may be held liable for that person’s injuries.
In accident cases including children on bicycles, courts hold drivers to a higher requirement. See specifics on child bicycle accident liability for more information.
Get Your Legal Claim Evaluated totally free
Accidents including autos and bicycles can involve serious injuries and big liabilities. Bicycle mishap lawsuits frequently come down to whether the driver or the cyclist negligently caused or added to the mishap. This negligence determination can be a complex and require extensive analysis. If you or a loved one has remained in a bike mishap, you must consult with a lawyer to finest protect your rights. You can have a knowledgeable law office evaluate the merits of your claim free of charge.