Bike Accidents – Crescent, OK 73028
Bicycle mishaps can result in severe and in some cases deadly injuries. Claims to recover damages for injuries in bicycle accidents with cars involve much of the same issues as any car mishap lawsuit. Liability for bike accident injuries often comes down to negligence– whether the vehicle driver’s negligence caused the cyclist’s injuries, and whether any negligence by the bicyclist caused or contributed to the accident.
Bike Accident Liability Essential
Bicyclists and drivers are bound to comply with the rules of the road. These rules include traffic laws, as well as the task to work out common care in regards to one’s own safety which of others on the roads. Like other vehicle accident claims, bicycle mishap suits are governed by state law, and typically informed by state and local traffic laws.
Negligence and Bicycle Accidents in Crescent, Oklahoma
When a cyclist takes legal action against to recuperate damages for injuries suffered in an accident with an auto, the outcome often depends upon two questions:
- Did negligence (or recklessness) on the part of the motorist cause the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the mishap?
Motorist Negligence or Recklessness
Negligence by a motorist can take lots of kinds. For example, speeding, running a stop sign, and wandering into a bike lane all make up motorist negligence, or perhaps recklessness if finished with understanding neglect for the security of others.
In a lawsuit alleging negligence by another person, complainants normally must show that the offender acted in a way that broke a responsibility owed to the complainant. In car mishap cases, this indicates breaking the basic task of care owed to everyone else on or near the streets.
Mishap suits come down to facts particular to the individual case, and typically the capability of the complainant to show negligence through eyewitness statement or other evidence. In automobile mishap cases, however, 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 infraction counts as evidence of negligence. The problem then shifts to the defendant to prove that he or she didn’t cause the complainant’s injuries.
Cyclist Negligence – Crescent, Oklahoma 73028
Whether a bicyclist takes legal action against a driver, or a bicyclist is sued for triggering another person injury, cyclist negligence can determine the outcome of the claim. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop sign, and turning suddenly into traffic.
Negligent cyclists may be not able to recuperate damages for injuries they suffer in mishaps involving automobiles. Such negligence is called contributory or comparative negligence, indicating that the bicyclist’s negligence, at least in part, triggered the accident to occur, and thus caused at least a few of the cyclist’s injuries. If a cyclist rode negligently, which negligence triggered injury to somebody else, the cyclist may be held accountable for that person’s injuries.
In accident cases including children on bikes, courts hold chauffeurs to a greater standard. See specifics on child bike accident liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents involving vehicles and bikes can include major injuries and large liabilities. Bike accident lawsuits frequently come down to whether the motorist or the cyclist negligently triggered or added 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 mishap, you ought to talk to an attorney to best protect your rights. You can have an experienced law office assess the benefits of your claim free of charge.