Bike Accidents – Santa Monica, CA 90401
Bike accidents can result in serious and in some cases deadly injuries. Lawsuits to recuperate damages for injuries in bike accidents with autos include much of the very same issues as any vehicle mishap lawsuit. Liability for bike accident injuries often comes down to negligence– whether the vehicle chauffeur’s negligence caused the bicyclist’s injuries, and whether any negligence by the bicyclist caused or added to the accident.
Bicycle Accident Liability Essential
Bicyclists and chauffeurs are obliged to follow the rules of the road. These rules consist of traffic laws, as well as the task to exercise normal care in regards to one’s own safety and that of others on the roadways. Like other automobile mishap suits, bicycle accident suits are governed by state law, and typically informed by state and regional traffic laws.
Negligence and Bike Accidents in Santa Monica, California
When a bicyclist sues to recuperate damages for injuries suffered in an accident with an auto, the result frequently depends on two concerns:
- Did negligence (or recklessness) on the part of the driver cause the mishap 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 numerous forms. For example, speeding, running a stop sign, and drifting into a bike lane all constitute driver negligence, or perhaps recklessness if finished with understanding neglect for the security of others.
In a suit declaring negligence by another individual, plaintiffs usually must prove that the defendant acted in a way that violated a responsibility owed to the plaintiff. In automobile accident cases, this means breaching the standard responsibility of care owed to everyone else on or near the streets.
Mishap claims come down to facts particular to the individual case, and typically the ability of the plaintiff to prove negligence through eyewitness statement or other evidence. In automobile accident cases, however, habits which make up traffic violations can make up “negligence per se.” This implies that if a motorist was cited for an infraction such as speeding at the time of the mishap, evidence of the speeding offense counts as proof of negligence. The problem then shifts to the offender to prove that she or he didn’t cause the complainant’s injuries.
Bicyclist Negligence – Santa Monica, California 90401
Whether a cyclist takes legal action against a chauffeur, or a cyclist is demanded causing another person 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 quickly into traffic.
Negligent bicyclists may be unable to recover damages for injuries they suffer in accidents involving cars. Such negligence is called contributory or comparative negligence, indicating that the cyclist’s negligence, a minimum of in part, caused the accident to take place, and hence triggered a minimum of a few of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to someone else, the cyclist might be held accountable for that individual’s injuries.
In mishap cases involving kids on bikes, courts hold drivers to a greater standard. See specifics on kid bike accident liability for more details.
Get Your Legal Claim Evaluated free of charge
Accidents including vehicles and bikes can include severe injuries and big liabilities. Bicycle accident lawsuits typically boil down to whether the driver or the cyclist negligently caused or contributed to the mishap. This negligence determination can be a complex and need extensive analysis. If you or a loved one has remained in a bike mishap, you should speak with a lawyer to finest safeguard your rights. You can have a skilled law practice examine the merits of your claim for free.