Monthly Archives: October 2012

Bicycle Accident Attorney Downsville, New York

Bicycle Accidents – Downsville, NY 13755

Bike mishaps can result in major and often deadly injuries. Lawsuits to recover damages for injuries in bicycle mishaps with automobiles involve many of the exact same issues as any car mishap suit. Liability for bike mishap injuries typically boils down to negligence– whether the car driver’s negligence triggered the cyclist’s injuries, and whether any negligence by the bicyclist caused or contributed to the accident.

Bicycle Accident Liability Basics

Bicyclists and drivers are obliged to follow the rules of the road. These guidelines consist of traffic laws, as well as the task to exercise normal care in regards to one’s own security which of others on the roadways. Like other automobile accident lawsuits, bike accident claims are governed by state law, and often informed by state and local traffic laws.

Negligence and Bicycle Accidents in Downsville, New York

When a bicyclist sues to recover damages for injuries suffered in an accident with an automobile, the result frequently depends upon two concerns:

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

Driver Negligence or Recklessness

Negligence by a motorist can take many types. For example, speeding, running a stop sign, and drifting into a bike lane all make up motorist negligence, or even recklessness if finished with understanding disregard for the security of others.

In a lawsuit declaring negligence by another individual, plaintiffs typically should show that the offender acted in a way that violated a responsibility owed to the complainant. In vehicle mishap cases, this indicates violating the standard duty of care owed to everyone else on or near the roadways.

Accident lawsuits boil down to truths specific to the private case, and typically the capability of the complainant to prove negligence through eyewitness statement or other proof. In cars and truck mishap cases, nevertheless, behaviors which make up traffic offenses can constitute “negligence per se.” This implies that if a chauffeur was mentioned for an offense such as speeding at the time of the mishap, proof of the speeding infraction counts as proof of negligence. The burden then shifts to the defendant to prove that she or he didn’t cause the complainant’s injuries.

Bicyclist Negligence – Downsville, New York 13755

Whether a cyclist takes legal action against a driver, or a bicyclist is sued for causing another person injury, cyclist negligence can determine the outcome of the lawsuit. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop indication, and turning abruptly into traffic.

Negligent cyclists may be not able to recuperate damages for injuries they suffer in accidents including vehicles. Such negligence is called contributing or relative negligence, implying that the bicyclist’s negligence, at least in part, triggered the accident to occur, and thus caused at least some of the cyclist’s injuries. If a cyclist rode negligently, and that negligence triggered injury to somebody else, the cyclist may be held liable for that individual’s injuries.


In mishap cases involving children on bicycles, courts hold motorists to a greater requirement. See specifics on kid bicycle mishap liability for more details.

Get Your Legal Claim Evaluated for Free

Mishaps involving automobiles and bicycles can include severe injuries and large liabilities. Bicycle accident lawsuits frequently come down to whether the driver or the bicyclist negligently triggered or contributed to the mishap. This negligence decision can be a complex and require in-depth analysis. If you or a loved one has remained in a bike accident, you ought to talk to an attorney to finest secure your rights. You can have a knowledgeable law firm evaluate the merits of your claim free of charge.