Bicycle Accidents – Moatsville, WV 26405
Bike mishaps can lead to severe and in some cases deadly injuries. Lawsuits to recover damages for injuries in bicycle accidents with cars include much of the very same issues as any car accident claim. Liability for bike accident injuries often boils down to negligence– whether the car chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the bicyclist triggered or contributed to the mishap.
Bicycle Mishap Liability Fundamentals
Bicyclists and motorists are obliged to follow the rules of the road. These rules include traffic laws, as well as the duty to work out normal care in regards to one’s own security and that of others on the streets. Like other car accident claims, bicycle mishap lawsuits are governed by state law, and frequently informed by state and local traffic laws.
Negligence and Bike Accidents in Moatsville, West Virginia
When a cyclist takes legal action against to recuperate damages for injuries suffered in a mishap with an auto, the outcome often depends on 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 mishap?
Chauffeur Negligence or Recklessness
Negligence by a driver can take many types. For example, speeding, running a stop indication, and wandering into a bike lane all make up driver negligence, or even recklessness if done with knowing disregard for the safety of others.
In a suit alleging negligence by another individual, complainants usually must prove that the defendant acted in a manner that violated a duty owed to the complainant. In auto mishap cases, this implies breaching the basic duty of care owed to everyone else on or near the highways.
Mishap suits boil down to realities particular to the individual case, and often the capability of the complainant to show negligence through eyewitness statement or other evidence. In automobile mishap cases, however, behaviors which make up traffic violations can constitute “negligence per se.” This implies that if a chauffeur was pointed out for an infraction such as speeding at the time of the accident, proof of the speeding offense counts as evidence of negligence. The concern then moves to the accused to show that he or she didn’t trigger the complainant’s injuries.
Bicyclist Negligence – Moatsville, West Virginia 26405
Whether a cyclist takes legal action against a driver, or a bicyclist is sued for triggering another person injury, bicyclist negligence can determine the result of the claim. Examples of biker negligence include riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.
Negligent cyclists may be not able to recuperate damages for injuries they suffer in mishaps including cars and trucks. Such negligence is called contributory or comparative negligence, indicating that the cyclist’s negligence, at least in part, caused the accident to occur, and therefore triggered at least some of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence caused injury to someone else, the bicyclist may be held accountable for that individual’s injuries.
In mishap cases involving children on bicycles, courts hold motorists to a higher standard. See specifics on child bike accident liability for more details.
Get Your Legal Claim Evaluated free of charge
Mishaps including vehicles and bikes can involve severe injuries and large liabilities. Bicycle accident lawsuits typically boil down to whether the chauffeur or the cyclist negligently triggered or contributed to the mishap. This negligence decision can be a complex and need thorough analysis. If you or a loved one has been in a bike mishap, you need to consult with an attorney to best secure your rights. You can have an experienced law firm assess the merits of your claim totally free.