Bicycle Accidents – Abell, MD 20606
Bicycle accidents can result in serious and sometimes deadly injuries. Claims to recover damages for injuries in bike accidents with cars include much of the very same concerns as any auto accident lawsuit. Liability for bike mishap injuries typically comes down to negligence– whether the car driver’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist triggered or added to the accident.
Bike Accident Liability Fundamentals
Bicyclists and chauffeurs are obligated to follow the rules of the road. These rules consist of traffic laws, in addition to the responsibility to work out common care in regards to one’s own safety which of others on the roads. Like other automobile mishap claims, bicycle accident claims are governed by state law, and often informed by state and regional traffic laws.
Negligence and Bike Accidents in Abell, Maryland
When a cyclist sues to recover damages for injuries suffered in an accident with an auto, the result typically depends on two questions:
- Did negligence (or recklessness) on the part of the chauffeur trigger the accident 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 forms. For instance, speeding, running a stop sign, and drifting into a bike lane all constitute chauffeur negligence, and even recklessness if done with knowing neglect for the safety of others.
In a claim alleging negligence by another person, complainants usually must show that the accused acted in such a way that breached a duty owed to the plaintiff. In vehicle accident cases, this implies breaking the fundamental responsibility of care owed to everybody else on or near the highways.
Mishap claims boil down to realities particular to the private case, and typically the ability of the plaintiff to show negligence through eyewitness testimony or other evidence. In vehicle mishap cases, nevertheless, habits which constitute traffic infractions can constitute “negligence per se.” This implies that if a driver was cited for an infraction such as speeding at the time of the mishap, proof of the speeding offense counts as proof of negligence. The problem then moves to the defendant to show that she or he didn’t cause the complainant’s injuries.
Cyclist Negligence – Abell, Maryland 20606
Whether a bicyclist takes legal action against a motorist, or a bicyclist is sued for causing somebody else injury, cyclist negligence can figure out the outcome of the claim. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.
Irresponsible cyclists may be not able to recover damages for injuries they suffer in accidents involving automobiles. Such negligence is called contributory or relative negligence, implying that the bicyclist’s negligence, at least in part, caused the mishap to occur, and therefore caused at least a few of the cyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to someone else, the bicyclist might be held responsible for that individual’s injuries.
In accident cases involving children on bicycles, courts hold chauffeurs to a higher requirement. See specifics on kid bicycle accident liability for more information.
Get Your Legal Claim Evaluated free of charge
Mishaps including autos and bikes can involve serious injuries and large liabilities. Bicycle accident lawsuits often boil down to whether the motorist or the bicyclist negligently triggered or contributed to the accident. This negligence determination can be a complex and need in-depth analysis. If you or a loved one has been in a bike accident, you must consult with an attorney to best protect your rights. You can have a knowledgeable law office examine the merits of your claim for free.