Bicycle Accidents – Ashburnham, MA 01430
Bike accidents can lead to serious and sometimes fatal injuries. Claims to recuperate damages for injuries in bicycle accidents with autos include a lot of the exact same problems as any vehicle mishap suit. Liability for bike mishap injuries typically comes down to negligence– whether the vehicle chauffeur’s negligence caused the bicyclist’s injuries, and whether any negligence by the bicyclist caused or added to the accident.
Bicycle Accident Liability Basics
Cyclists and drivers are obliged to comply with the rules of the road. These guidelines consist of traffic laws, in addition to the duty to exercise ordinary care in regards to one’s own security which of others on the roadways. Like other automobile accident lawsuits, bike accident claims are governed by state law, and typically notified by state and local traffic laws.
Negligence and Bicycle Accidents in Ashburnham, Massachusetts
When a bicyclist sues to recuperate damages for injuries suffered in a mishap with an automobile, the outcome typically depends upon 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?
Motorist Negligence or Recklessness
Negligence by a motorist can take many forms. For instance, speeding, running a stop sign, and drifting into a bike lane all make up driver negligence, and even recklessness if finished with knowing neglect for the security of others.
In a claim alleging negligence by another individual, complainants typically need to show that the accused acted in a manner that broke a duty owed to the complainant. In automobile accident cases, this suggests violating the fundamental responsibility of care owed to everyone else on or near the roadways.
Accident suits come down to facts particular to the private case, and often the ability of the complainant to prove negligence through eyewitness testament or other evidence. In vehicle mishap cases, however, behaviors which constitute traffic offenses can make up “negligence per se.” This suggests that if a motorist was cited for an offense such as speeding at the time of the accident, proof of the speeding infraction counts as evidence of negligence. The problem then moves to the offender to show that she or he didn’t trigger the plaintiff’s injuries.
Bicyclist Negligence – Ashburnham, Massachusetts 01430
Whether a bicyclist sues a motorist, or a bicyclist is sued for causing somebody else injury, bicyclist negligence can determine the result of the claim. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Negligent bicyclists might be not able to recover damages for injuries they suffer in mishaps including cars. Such negligence is called contributory or relative negligence, implying that the cyclist’s negligence, at least in part, triggered the mishap to happen, and therefore triggered at least some of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence triggered injury to someone else, the bicyclist might be held accountable for that person’s injuries.
In accident cases including kids on bicycles, courts hold chauffeurs to a greater standard. See specifics on kid bike mishap liability for more information.
Get Your Legal Claim Evaluated for Free
Accidents including automobiles and bicycles can involve severe injuries and big liabilities. Bike mishap suits often boil down to whether the chauffeur or the cyclist negligently caused or contributed to the mishap. This negligence determination can be a complex and need thorough analysis. If you or a loved one has been in a bike accident, you must talk to a lawyer to best protect your rights. You can have a skilled law office evaluate the benefits of your claim for free.