Bike Accidents – Albany, KY 42602
Bike mishaps can lead to severe and often deadly injuries. Claims to recuperate damages for injuries in bicycle accidents with vehicles involve much of the exact same problems as any auto accident lawsuit. Liability for bike mishap injuries typically comes down to negligence– whether the automobile chauffeur’s negligence triggered the bicyclist’s injuries, and whether any negligence by the bicyclist caused or added to the mishap.
Bike Accident Liability Fundamentals
Bicyclists and chauffeurs are obliged to comply with the rules of the road. These rules consist of traffic laws, along with the responsibility to work out ordinary care in regards to one’s own security and that of others on the streets. Like other lorry accident suits, bike mishap suits are governed by state law, and typically informed by state and local traffic laws.
Negligence and Bike Accidents in Albany, Kentucky
When a cyclist sues to recuperate damages for injuries suffered in a mishap with an auto, the result frequently depends upon 2 concerns:
- Did negligence (or recklessness) on the part of the driver cause the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or add to the accident?
Chauffeur Negligence or Recklessness
Negligence by a driver can take many types. For example, speeding, running a stop indication, and drifting into a bike lane all make up chauffeur negligence, or perhaps recklessness if done with knowing neglect for the safety of others.
In a suit alleging negligence by another individual, complainants normally should prove that the accused acted in a way that broke a duty owed to the complainant. In automobile mishap cases, this indicates breaking the fundamental duty of care owed to everybody else on or near the streets.
Mishap suits boil down to truths particular to the specific case, and often the ability of the plaintiff to prove negligence through eyewitness testimony or other proof. In cars and truck accident cases, however, behaviors which make up traffic violations can constitute “negligence per se.” This indicates that if a chauffeur was mentioned for an offense such as speeding at the time of the accident, proof of the speeding offense counts as proof of negligence. The problem then moves to the defendant to prove that she or he didn’t trigger the complainant’s injuries.
Bicyclist Negligence – Albany, Kentucky 42602
Whether a cyclist takes legal action against a motorist, or a cyclist is sued for triggering somebody else injury, cyclist negligence can figure out the outcome of the suit. Examples of bicycle rider 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 mishaps including vehicles. Such negligence is called contributory or comparative negligence, meaning that the cyclist’s negligence, at least in part, triggered the mishap to occur, and therefore triggered at least some of the bicyclist’s injuries. If a bicyclist rode negligently, and that negligence caused injury to someone else, the bicyclist might be held liable for that person’s injuries.
In mishap cases including kids on bikes, courts hold motorists to a higher requirement. See specifics on child bike mishap liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents including autos and bikes can involve severe injuries and big liabilities. Bike accident suits typically boil down to whether the chauffeur or the bicyclist negligently triggered or added to the mishap. This negligence determination can be a complex and require thorough analysis. If you or a loved one has been in a bike mishap, you should consult with a lawyer to best protect your rights. You can have an experienced law practice evaluate the benefits of your claim for free.