Bicycle Accidents – Abington, MA 02351
Bike accidents can lead to major and often deadly injuries. Suits to recover damages for injuries in bike mishaps with vehicles involve a lot of the same issues as any automobile accident suit. Liability for bike accident injuries frequently comes down to negligence– whether the cars and truck chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the bicyclist triggered or contributed to the mishap.
Bike Mishap Liability Fundamentals
Bicyclists and chauffeurs are obligated to comply with the rules of the road. These guidelines include traffic laws, in addition to the duty to exercise normal care in regards to one’s own safety which of others on the highways. Like other automobile mishap lawsuits, bike accident suits are governed by state law, and often informed by state and regional traffic laws.
Negligence and Bicycle Accidents in Abington, Massachusetts
When a cyclist sues to recuperate damages for injuries suffered in a mishap with an auto, the result often depends on two questions:
- 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 driver can take many types. For example, speeding, running a stop sign, and wandering into a bike lane all constitute chauffeur negligence, and even recklessness if maded with knowing disregard for the security of others.
In a suit declaring negligence by another individual, complainants typically must prove that the accused acted in such a way that broke a duty owed to the plaintiff. In vehicle accident cases, this indicates breaking the standard duty of care owed to everybody else on or near the roadways.
Accident lawsuits come down to truths particular to the individual case, and typically the capability of the complainant to show negligence through eyewitness statement or other proof. In automobile accident cases, nevertheless, behaviors which constitute traffic infractions can make up “negligence per se.” This implies that if a driver was pointed out for an infraction such as speeding at the time of the accident, proof of the speeding infraction counts as evidence of negligence. The burden then shifts to the defendant to prove that he or she didn’t trigger the complainant’s injuries.
Cyclist Negligence – Abington, Massachusetts 02351
Whether a cyclist takes legal action against a chauffeur, or a cyclist is sued for causing someone else injury, bicyclist negligence can determine the result of the suit. Examples of bicycle rider negligence consist of riding the wrong way on a one-way street, running a stop sign, and turning abruptly into traffic.
Negligent bicyclists might be not able to recuperate damages for injuries they suffer in mishaps including automobiles. Such negligence is called contributing or relative negligence, suggesting that the cyclist’s negligence, a minimum of in part, caused the mishap to take place, and thus triggered a minimum of some of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to somebody else, the bicyclist may be held accountable 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 for Free
Accidents involving cars and bicycles can include serious injuries and big liabilities. Bicycle mishap suits frequently come down to whether the driver or the bicyclist negligently triggered or contributed to the accident. This negligence determination can be a complex and require extensive analysis. If you or a loved one has actually been in a bike accident, you need to speak with a lawyer to best secure your rights. You can have a skilled law firm assess the benefits of your claim free of charge.