Bicycle Accident Attorney Cumming, Iowa

Bicycle Accidents – Cumming, IA 50061

Bike accidents can lead to major and often deadly injuries. Claims to recover damages for injuries in bike accidents with autos include much of the exact same problems as any auto accident lawsuit. Liability for bike accident injuries typically boils down to negligence– whether the vehicle chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the cyclist caused or contributed to the mishap.

Bicycle Accident Liability Basics

Cyclists and drivers are obligated to follow the rules of the road. These rules consist of traffic laws, in addition to the duty to work out normal care in regards to one’s own security which of others on the roadways. Like other automobile accident lawsuits, bike accident claims are governed by state law, and typically informed by state and regional traffic laws.

Negligence and Bicycle Accidents in Cumming, Iowa

When a bicyclist takes legal action against to recover damages for injuries suffered in an accident with an automobile, the result typically depends on 2 questions:

  • Did negligence (or recklessness) on the part of the driver cause the mishap 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 chauffeur can take numerous types. For example, speeding, running a stop sign, and wandering into a bike lane all make up motorist negligence, or even recklessness if done with understanding disregard for the safety of others.

In a lawsuit alleging negligence by another person, plaintiffs normally need to prove that the offender acted in a manner that violated a task owed to the plaintiff. In auto mishap cases, this suggests breaching the standard task of care owed to everybody else on or near the roadways.

Accident suits come down to facts specific to the private case, and frequently the ability of the complainant to show negligence through eyewitness statement or other evidence. In car accident cases, nevertheless, behaviors which make up traffic infractions can make up “negligence per se.” This suggests that if a driver was pointed out for a violation such as speeding at the time of the mishap, evidence of the speeding infraction counts as proof of negligence. The concern then moves to the defendant to prove that he or she didn’t cause the plaintiff’s injuries.

Bicyclist Negligence – Cumming, Iowa 50061

Whether a cyclist sues a driver, or a cyclist is sued for triggering another person injury, bicyclist negligence can identify the outcome of the lawsuit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.

Irresponsible bicyclists might be unable to recuperate damages for injuries they suffer in accidents involving automobiles. Such negligence is called contributory or relative negligence, indicating that the bicyclist’s negligence, a minimum of in part, caused the mishap to occur, and thus triggered a minimum of a few of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence caused injury to another person, the bicyclist might be held accountable for that person’s injuries.


In mishap cases including kids on bikes, courts hold drivers to a higher requirement. See specifics on kid bike accident liability for more information.

Get Your Legal Claim Evaluated free of charge

Mishaps involving autos and bikes can involve severe injuries and large liabilities. Bike mishap claims typically boil down to whether the chauffeur or the cyclist negligently caused or added to the accident. This negligence decision can be a complex and require thorough analysis. If you or a loved one has actually remained in a bike mishap, you need to consult with a lawyer to finest secure your rights. You can have a skilled law office examine the benefits of your claim free of charge.