Bicycle Accidents – Bowdoinham, ME 04008
Bicycle mishaps can result in major and in some cases deadly injuries. Lawsuits to recover damages for injuries in bicycle mishaps with vehicles include a lot of the same problems as any auto accident claim. Liability for bike accident injuries often boils down to negligence– whether the vehicle motorist’s negligence caused the cyclist’s injuries, and whether any negligence by the cyclist caused or added to the accident.
Bike Accident Liability Fundamentals
Bicyclists and chauffeurs are obliged to comply with the rules of the road. These rules consist of traffic laws, in addition to the duty to work out ordinary care in regards to one’s own security and that of others on the streets. Like other car mishap lawsuits, bicycle accident lawsuits are governed by state law, and typically notified by state and local traffic laws.
Negligence and Bike Accidents in Bowdoinham, Maine
When a cyclist sues to recuperate damages for injuries suffered in a mishap with a car, the result typically depends on two concerns:
- 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 chauffeur can take lots of kinds. For instance, speeding, running a stop indication, and drifting into a bike lane all constitute driver negligence, and even recklessness if maded with knowing neglect for the safety of others.
In a claim alleging negligence by another individual, plaintiffs usually must prove that the defendant acted in a manner that breached a responsibility owed to the plaintiff. In automobile mishap cases, this implies breaking the basic responsibility of care owed to everyone else on or near the highways.
Mishap lawsuits come down to truths particular to the individual case, and frequently the capability of the plaintiff to show negligence through eyewitness statement or other evidence. In cars and truck mishap cases, however, behaviors which constitute traffic offenses can make up “negligence per se.” This suggests that if a chauffeur was mentioned for a violation such as speeding at the time of the mishap, proof of the speeding infraction counts as evidence of negligence. The problem then shifts to the accused to show that she or he didn’t trigger the complainant’s injuries.
Cyclist Negligence – Bowdoinham, Maine 04008
Whether a cyclist takes legal action against a motorist, or a bicyclist is demanded triggering someone else injury, bicyclist negligence can determine the outcome of the claim. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop indication, and turning suddenly into traffic.
Negligent cyclists might be unable to recuperate damages for injuries they suffer in accidents involving cars. Such negligence is called contributory or comparative negligence, suggesting that the cyclist’s negligence, a minimum of in part, caused the mishap to happen, and therefore caused at least a few of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to someone else, the cyclist might be held liable for that individual’s injuries.
In accident cases including kids on bikes, courts hold drivers to a greater standard. See specifics on child bicycle accident liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents including autos and bicycles can include major injuries and big liabilities. Bicycle accident suits frequently come down to whether the driver or the cyclist negligently triggered 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 speak with an attorney to best secure your rights. You can have an experienced law firm evaluate the merits of your claim for free.