Bike Accidents – Adams, MA 01220
Bike mishaps can lead to severe and in some cases deadly injuries. Claims to recuperate damages for injuries in bike mishaps with automobiles include many of the very same issues as any car mishap lawsuit. Liability for bike mishap injuries typically comes down to negligence– whether the vehicle chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the cyclist caused or added to the accident.
Bike Accident Liability Fundamentals
Cyclists and drivers are obligated to obey the rules of the road. These rules include traffic laws, in addition to the task to exercise ordinary care in regards to one’s own security and that of others on the streets. Like other vehicle mishap suits, bike accident suits are governed by state law, and frequently informed by state and regional traffic laws.
Negligence and Bicycle Accidents in Adams, Massachusetts
When a bicyclist sues to recover damages for injuries suffered in an accident with an automobile, the result often depends upon 2 questions:
- Did negligence (or recklessness) on the part of the chauffeur trigger the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the accident?
Motorist Negligence or Recklessness
Negligence by a chauffeur can take many kinds. For example, speeding, running a stop indication, and drifting into a bike lane all constitute driver negligence, or even recklessness if done with knowing disregard for the security of others.
In a suit alleging negligence by another individual, plaintiffs generally need to prove that the defendant acted in a way that violated a task owed to the plaintiff. In automobile accident cases, this means violating the fundamental task of care owed to everybody else on or near the roadways.
Accident suits boil down to facts specific to the private case, and often the ability of the complainant to show negligence through eyewitness statement or other evidence. In vehicle mishap cases, nevertheless, habits which make up traffic violations can make up “negligence per se.” This indicates that if a chauffeur was cited for a violation such as speeding at the time of the mishap, evidence of the speeding violation counts as evidence of negligence. The problem then moves to the accused to prove that he or she didn’t trigger the plaintiff’s injuries.
Cyclist Negligence – Adams, Massachusetts 01220
Whether a cyclist sues a driver, or a cyclist is sued for causing somebody else injury, cyclist negligence can determine the outcome of the claim. 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.
Irresponsible cyclists may be unable to recuperate damages for injuries they suffer in accidents involving automobiles. Such negligence is called contributory or comparative negligence, indicating that the bicyclist’s negligence, at least in part, triggered the mishap to take place, and thus caused a minimum of some of the bicyclist’s injuries. If a cyclist rode negligently, which negligence triggered injury to somebody else, the cyclist may be held accountable for that person’s injuries.
In mishap cases involving children on bicycles, courts hold drivers to a higher requirement. See specifics on kid bicycle mishap liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents involving cars and bikes can involve major injuries and large liabilities. Bike mishap claims often come down to whether the driver or the bicyclist negligently triggered 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 talk to an attorney to best protect your rights. You can have an experienced law practice evaluate the benefits of your claim for free.