Bicycle Accidents – Amherst, MA 01002
Bicycle mishaps can result in severe and in some cases fatal injuries. Lawsuits to recover damages for injuries in bike accidents with cars include much of the same concerns as any car accident suit. Liability for bike mishap injuries often comes down to negligence– whether the automobile chauffeur’s negligence caused the cyclist’s injuries, and whether any negligence by the cyclist triggered or added to the accident.
Bicycle Mishap Liability Essential
Bicyclists and motorists are obligated to obey the rules of the road. These guidelines consist of traffic laws, in addition to the task to work out ordinary care in regards to one’s own security and that of others on the roads. Like other car mishap suits, bike mishap suits are governed by state law, and frequently notified by state and regional traffic laws.
Negligence and Bicycle Accidents in Amherst, Massachusetts
When a cyclist takes legal action against to recuperate damages for injuries suffered in an accident with an automobile, the result typically depends upon two questions:
- Did negligence (or recklessness) on the part of the driver 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 motorist can take numerous forms. 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 claim alleging negligence by another person, complainants typically should prove that the accused acted in such a way that broke a task owed to the complainant. In automobile mishap cases, this means breaching the basic task of care owed to everyone else on or near the highways.
Mishap lawsuits boil down to realities particular to the individual case, and often the ability of the complainant to show negligence through eyewitness testimony or other proof. In cars and truck accident cases, however, behaviors which constitute traffic infractions can constitute “negligence per se.” This indicates that if a chauffeur was cited for a violation such as speeding at the time of the accident, evidence of the speeding infraction counts as evidence of negligence. The burden then shifts to the defendant to show that he or she didn’t cause the plaintiff’s injuries.
Cyclist Negligence – Amherst, Massachusetts 01002
Whether a bicyclist sues a driver, or a cyclist is sued for causing someone else injury, bicyclist negligence can identify the result of the suit. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Irresponsible bicyclists may be not able to recover damages for injuries they suffer in accidents involving automobiles. Such negligence is called contributory or comparative negligence, suggesting that the bicyclist’s negligence, a minimum of in part, triggered the mishap to take place, and hence caused at least some of the cyclist’s injuries. If a cyclist rode negligently, which negligence caused injury to another person, the bicyclist might be held liable for that person’s injuries.
In mishap cases involving kids on bicycles, courts hold motorists to a greater standard. See specifics on child bike mishap liability for more information.
Get Your Legal Claim Evaluated for Free
Mishaps involving automobiles and bikes can include serious injuries and big liabilities. Bike accident suits frequently boil down to whether the motorist or the bicyclist negligently triggered or added to the accident. This negligence decision can be a complex and need thorough analysis. If you or a loved one has been in a bike accident, you need to speak with a lawyer to best secure your rights. You can have an experienced law firm evaluate the merits of your claim for free.