Bike Accidents – Granby, CO 80446
Bike accidents can lead to severe and often fatal injuries. Lawsuits to recover damages for injuries in bike accidents with automobiles include a number of the very same concerns as any auto mishap suit. Liability for bike accident injuries often boils down to negligence– whether the car motorist’s negligence caused the bicyclist’s injuries, and whether any negligence by the bicyclist caused or contributed to the mishap.
Bike Accident Liability Fundamentals
Bicyclists and drivers are bound to follow the rules of the road. These rules include traffic laws, in addition to the responsibility to exercise regular care in regards to one’s own safety which of others on the roads. Like other vehicle mishap lawsuits, bike mishap lawsuits are governed by state law, and often informed by state and local traffic laws.
Negligence and Bike Accidents in Granby, Colorado
When a cyclist takes legal action against to recover damages for injuries suffered in an accident with a vehicle, the result frequently depends upon two concerns:
- Did negligence (or recklessness) on the part of the motorist trigger the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or add to the accident?
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 constitute driver negligence, or perhaps recklessness if done with knowing neglect for the safety of others.
In a claim alleging negligence by another person, complainants generally need to show that the defendant acted in a manner that broke a duty owed to the plaintiff. In auto accident cases, this indicates breaching the fundamental responsibility of care owed to everybody else on or near the roadways.
Accident lawsuits boil down to truths specific to the specific 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 suggests that if a driver was cited for an offense such as speeding at the time of the mishap, proof of the speeding offense counts as proof of negligence. The burden then shifts to the defendant to prove that he or she didn’t cause the complainant’s injuries.
Cyclist Negligence – Granby, Colorado 80446
Whether a bicyclist takes legal action against a driver, or a bicyclist is sued for triggering somebody else injury, cyclist negligence can identify the result of the lawsuit. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop sign, and turning suddenly into traffic.
Irresponsible cyclists might be not able to recover damages for injuries they suffer in accidents involving cars. Such negligence is called contributing or relative negligence, suggesting that the cyclist’s negligence, at least in part, triggered the mishap to take place, and thus caused a minimum of some of the cyclist’s injuries. If a cyclist rode negligently, which negligence caused injury to someone else, the cyclist may be held responsible for that person’s injuries.
In accident cases involving children on bikes, courts hold drivers to a greater requirement. See specifics on kid bicycle mishap liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents including vehicles and bicycles can include major injuries and large liabilities. Bike mishap suits often come down to whether the driver or the cyclist negligently caused or added to the accident. This negligence decision can be a complex and need in-depth analysis. If you or a loved one has been in a bike accident, you ought to consult with a lawyer to best safeguard your rights. You can have a skilled law office examine the benefits of your claim free of charge.