Bicycle Accidents – Clarion, PA 16214
Bicycle accidents can lead to major and often fatal injuries. Suits to recover damages for injuries in bike mishaps with autos include a lot of the same problems as any auto accident lawsuit. Liability for bike accident injuries typically boils down to negligence– whether the vehicle motorist’s negligence caused the cyclist’s injuries, and whether any negligence by the cyclist caused or contributed to the accident.
Bike Accident Liability Fundamentals
Cyclists and motorists are obliged to comply with the rules of the road. These rules consist of traffic laws, along with the task to work out regular care in regards to one’s own safety which of others on the highways. Like other vehicle accident lawsuits, bike accident suits are governed by state law, and frequently informed by state and regional traffic laws.
Negligence and Bike Accidents in Clarion, Pennsylvania
When a bicyclist sues to recuperate damages for injuries suffered in an accident with a car, the result frequently depends on 2 questions:
- Did negligence (or recklessness) on the part of the motorist cause the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the accident?
Driver Negligence or Recklessness
Negligence by a motorist can take numerous types. For instance, speeding, running a stop indication, and drifting into a bike lane all constitute driver negligence, or perhaps recklessness if done with understanding disregard for the safety of others.
In a lawsuit declaring negligence by another person, complainants usually need to prove that the defendant acted in a way that breached a responsibility owed to the complainant. In vehicle mishap cases, this implies breaching the standard responsibility of care owed to everybody else on or near the highways.
Mishap lawsuits come down to realities particular to the private case, and frequently the ability of the plaintiff to show negligence through eyewitness testament or other evidence. In vehicle accident cases, nevertheless, behaviors which constitute traffic offenses can constitute “negligence per se.” This means that if a chauffeur was cited for an offense such as speeding at the time of the accident, proof of the speeding offense counts as proof of negligence. The problem then moves to the accused to prove that he or she didn’t cause the plaintiff’s injuries.
Cyclist Negligence – Clarion, Pennsylvania 16214
Whether a bicyclist sues a driver, or a cyclist is sued for causing someone else injury, bicyclist negligence can identify the outcome of the suit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.
Irresponsible cyclists might be not able to recover damages for injuries they suffer in accidents involving cars. Such negligence is called contributory or comparative negligence, meaning that the cyclist’s negligence, a minimum of in part, caused the accident to happen, and therefore caused a minimum of some of the bicyclist’s injuries. If a bicyclist rode negligently, and that negligence triggered injury to another person, the bicyclist might be held liable for that individual’s injuries.
In accident cases including kids on bikes, courts hold motorists to a greater requirement. See specifics on child bike accident liability for more details.
Get Your Legal Claim Evaluated totally free
Mishaps involving cars and bicycles can involve major injuries and large liabilities. Bike mishap suits often come down to whether the motorist or the bicyclist negligently caused or contributed to the accident. This negligence determination can be a complex and require extensive analysis. If you or a loved one has remained in a bike accident, you must seek advice from an attorney to best protect your rights. You can have a knowledgeable law practice evaluate the merits of your claim free of charge.