Bike Accidents – Charlton Heights, WV 25040
Bicycle accidents can lead to major and in some cases deadly injuries. Lawsuits to recuperate damages for injuries in bicycle accidents with automobiles include a number of the exact same problems as any automobile accident lawsuit. Liability for bike accident injuries often comes down to negligence– whether the vehicle chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the bicyclist triggered or contributed to the accident.
Bicycle Mishap Liability Basics
Cyclists and motorists are obliged to obey the rules of the road. These rules include traffic laws, as well as the responsibility to exercise normal care in regards to one’s own safety and that of others on the roadways. Like other car accident lawsuits, bicycle mishap claims are governed by state law, and often notified by state and regional traffic laws.
Negligence and Bicycle Accidents in Charlton Heights, West Virginia
When a bicyclist takes legal action against to recover damages for injuries suffered in an accident with a car, the result often depends upon two concerns:
- Did negligence (or recklessness) on the part of the motorist 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 numerous types. For example, speeding, running a stop indication, and wandering into a bike lane all make up motorist negligence, and even recklessness if maded with knowing neglect for the safety of others.
In a lawsuit alleging negligence by another individual, plaintiffs usually need to show that the offender acted in a manner that broke a duty owed to the plaintiff. In vehicle accident cases, this means violating the standard task of care owed to everyone else on or near the roads.
Accident suits boil down to truths particular to the specific case, and often the ability of the plaintiff to show negligence through eyewitness testament or other proof. In vehicle accident cases, however, habits which make up traffic infractions can make up “negligence per se.” This indicates that if a driver was mentioned for a violation such as speeding at the time of the accident, proof of the speeding infraction counts as proof of negligence. The problem then shifts to the accused to show that he or she didn’t cause the plaintiff’s injuries.
Cyclist Negligence – Charlton Heights, West Virginia 25040
Whether a bicyclist sues a motorist, or a cyclist is sued for causing another person injury, cyclist negligence can determine the outcome of the suit. Examples of biker negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Irresponsible bicyclists may be unable to recuperate damages for injuries they suffer in accidents including cars. Such negligence is called contributing or relative negligence, indicating that the cyclist’s negligence, at least in part, caused the mishap to take place, and thus triggered at least some of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to somebody else, the bicyclist might be held liable for that individual’s injuries.
In accident cases including kids on bicycles, courts hold drivers to a higher requirement. See specifics on kid bike accident liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents including autos and bicycles can include severe injuries and big liabilities. Bike mishap claims typically come down to whether the chauffeur or the cyclist negligently triggered or added to the accident. This negligence decision can be a complex and need in-depth analysis. If you or a loved one has actually been in a bike mishap, you should speak with an attorney to best protect your rights. You can have an experienced law practice examine the benefits of your claim free of charge.