Bike Accidents – Arlington, MA 02174
Bike mishaps can lead to severe and often deadly injuries. Claims to recuperate damages for injuries in bicycle accidents with automobiles include many of the exact same problems as any car mishap claim. Liability for bike accident injuries typically comes down to negligence– whether the car driver’s negligence caused the bicyclist’s injuries, and whether any negligence by the bicyclist triggered or added to the mishap.
Bicycle Mishap Liability Basics
Cyclists and drivers are obligated to comply with the rules of the road. These rules include traffic laws, in addition to the responsibility to exercise ordinary care in regards to one’s own safety and that of others on the roadways. Like other car accident claims, bike accident claims are governed by state law, and frequently notified by state and local traffic laws.
Negligence and Bicycle Accidents in Arlington, Massachusetts
When a cyclist sues to recover damages for injuries suffered in a mishap with an auto, the result typically depends on 2 concerns:
- Did negligence (or recklessness) on the part of the driver cause the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the mishap?
Driver Negligence or Recklessness
Negligence by a motorist can take lots of types. For example, speeding, running a stop sign, and wandering into a bike lane all make up motorist negligence, or perhaps recklessness if maded with knowing disregard for the safety of others.
In a suit alleging negligence by another individual, complainants generally must show that the accused acted in a manner that broke a duty owed to the complainant. In car accident cases, this implies breaking the basic task of care owed to everyone else on or near the roads.
Mishap claims come down to facts particular to the specific case, and typically the capability of the plaintiff to prove negligence through eyewitness statement or other proof. In automobile mishap cases, however, habits which make up traffic offenses can constitute “negligence per se.” This suggests that if a motorist was pointed out for an infraction such as speeding at the time of the accident, proof of the speeding violation counts as evidence of negligence. The problem then shifts to the accused to show that he or she didn’t trigger the plaintiff’s injuries.
Bicyclist Negligence – Arlington, Massachusetts 02174
Whether a cyclist sues a chauffeur, or a cyclist is demanded triggering somebody else injury, cyclist negligence can identify the outcome of the lawsuit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop indication, and turning abruptly into traffic.
Irresponsible bicyclists might be not able to recuperate damages for injuries they suffer in mishaps involving cars and trucks. Such negligence is called contributing or comparative negligence, suggesting that the bicyclist’s negligence, at least in part, triggered the mishap to occur, and hence caused a minimum of some of the bicyclist’s injuries. If a cyclist rode negligently, and that negligence triggered injury to someone else, the cyclist might be held responsible for that person’s injuries.
In mishap cases involving children on bicycles, courts hold chauffeurs to a greater standard. See specifics on kid bicycle mishap liability for more information.
Get Your Legal Claim Evaluated for Free
Mishaps including autos and bicycles can include serious injuries and large liabilities. Bike accident suits frequently come down to whether the chauffeur or the bicyclist negligently triggered or added to the accident. This negligence determination can be a complex and require in-depth analysis. If you or a loved one has actually remained in a bike accident, you should consult with an attorney to best safeguard your rights. You can have an experienced law practice assess the benefits of your claim for free.