Bike Accidents – Boston, MA 02101
Bike accidents can result in serious and in some cases fatal injuries. Lawsuits to recuperate damages for injuries in bike mishaps with automobiles involve a number of the same problems as any auto accident claim. Liability for bike mishap injuries often comes down to negligence– whether the cars and truck driver’s negligence triggered the cyclist’s injuries, and whether any negligence by the cyclist triggered or contributed to the mishap.
Bike Accident Liability Fundamentals
Cyclists and chauffeurs are obligated to follow the rules of the road. These guidelines consist of traffic laws, as well as the duty to exercise common care in regards to one’s own security which of others on the roadways. Like other vehicle accident claims, bike mishap claims are governed by state law, and often notified by state and local traffic laws.
Negligence and Bike Accidents in Boston, Massachusetts
When a cyclist sues to recover 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 mishap?
Driver Negligence or Recklessness
Negligence by a motorist can take lots of kinds. For instance, speeding, running a stop sign, and wandering into a bike lane all make up motorist negligence, and even recklessness if done with understanding disregard for the safety of others.
In a lawsuit declaring negligence by another individual, plaintiffs typically must show that the accused acted in such a way that breached a task owed to the complainant. In auto mishap cases, this means breaking the basic duty of care owed to everyone else on or near the roads.
Mishap lawsuits boil down to facts specific to the individual case, and typically the ability of the complainant to prove negligence through eyewitness testimony or other proof. In cars and truck mishap cases, however, behaviors which make up traffic infractions can make up “negligence per se.” This implies that if a driver was mentioned for an offense such as speeding at the time of the accident, proof of the speeding violation counts as evidence of negligence. The concern then moves to the defendant to prove that he or she didn’t cause the plaintiff’s injuries.
Bicyclist Negligence – Boston, Massachusetts 02101
Whether a cyclist takes legal action against a driver, or a bicyclist is demanded triggering another person injury, cyclist negligence can identify the outcome of the claim. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop indication, and turning suddenly into traffic.
Irresponsible cyclists may be unable to recuperate damages for injuries they suffer in accidents involving cars and trucks. Such negligence is called contributory or relative negligence, meaning that the cyclist’s negligence, a minimum of in part, triggered the accident to happen, and therefore triggered at least some of the bicyclist’s injuries. If a cyclist rode negligently, and that negligence caused injury to another person, the bicyclist may be held responsible for that person’s injuries.
In mishap cases including children on bikes, courts hold chauffeurs to a higher standard. See specifics on kid bicycle accident liability for more details.
Get Your Legal Claim Evaluated totally free
Accidents involving automobiles and bicycles can include serious injuries and big liabilities. Bike mishap lawsuits often boil down to whether the motorist or the cyclist negligently caused or added to the mishap. This negligence determination can be a complex and need in-depth analysis. If you or a loved one has actually been in a bike mishap, you need to consult with an attorney to finest secure your rights. You can have a knowledgeable law practice evaluate the benefits of your claim for free.