Bicycle Accidents – Ben Lomond, CA 95005
Bike mishaps can lead to serious and sometimes fatal injuries. Suits to recover damages for injuries in bicycle accidents with cars include a number of the same issues as any vehicle accident claim. Liability for bike accident injuries typically boils down to negligence– whether the automobile motorist’s negligence caused the bicyclist’s injuries, and whether any negligence by the bicyclist triggered or contributed to the mishap.
Bike Mishap Liability Basics
Cyclists and chauffeurs are bound to comply with the rules of the road. These rules consist of traffic laws, along with the responsibility to work out normal care in regards to one’s own security and that of others on the highways. Like other vehicle accident claims, bicycle accident suits are governed by state law, and often notified by state and regional traffic laws.
Negligence and Bike Accidents in Ben Lomond, California
When a cyclist takes legal action against to recuperate damages for injuries suffered in an accident with an auto, the outcome frequently depends on 2 questions:
- Did negligence (or recklessness) on the part of the chauffeur trigger the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the mishap?
Chauffeur Negligence or Recklessness
Negligence by a chauffeur can take many kinds. For instance, speeding, running a stop indication, and drifting into a bike lane all constitute motorist negligence, or even recklessness if done with knowing disregard for the security of others.
In a claim alleging negligence by another individual, plaintiffs normally must show that the accused acted in a way that violated a responsibility owed to the plaintiff. In automobile accident cases, this means breaching the basic duty of care owed to everybody else on or near the roadways.
Accident claims boil down to realities particular to the individual case, and often the ability of the plaintiff to prove negligence through eyewitness testimony or other evidence. In car accident cases, nevertheless, behaviors which make up traffic violations can constitute “negligence per se.” This means that if a driver 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 concern then shifts to the offender to prove that she or he didn’t cause the plaintiff’s injuries.
Bicyclist Negligence – Ben Lomond, California 95005
Whether a cyclist takes legal action against a driver, or a bicyclist is sued for causing another person injury, cyclist negligence can figure out the result of the suit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Negligent cyclists may be not able to recuperate damages for injuries they suffer in mishaps involving cars. Such negligence is called contributing or comparative negligence, indicating that the bicyclist’s negligence, at least in part, caused the accident to happen, and thus caused a minimum of some of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence triggered injury to someone else, the bicyclist may be held accountable for that individual’s injuries.
In accident cases including children on bicycles, courts hold chauffeurs to a higher standard. See specifics on child bicycle mishap liability for more details.
Get Your Legal Claim Evaluated totally free
Mishaps including cars and bicycles can involve major injuries and big liabilities. Bike accident suits often come 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 actually been in a bike accident, you must consult with a lawyer to best safeguard your rights. You can have a knowledgeable law practice evaluate the merits of your claim free of charge.