Bike Accidents – Grandview, TX 76050
Bicycle accidents can result in serious and often deadly injuries. Suits to recover damages for injuries in bike mishaps with autos include a number of the same problems as any auto accident claim. Liability for bike mishap injuries typically boils down to negligence– whether the vehicle chauffeur’s negligence caused the bicyclist’s injuries, and whether any negligence by the bicyclist caused or added to the mishap.
Bike Mishap Liability Basics
Bicyclists and chauffeurs are bound to obey the rules of the road. These guidelines include traffic laws, along with the responsibility to work out common care in regards to one’s own safety which of others on the streets. Like other automobile mishap lawsuits, bike mishap suits are governed by state law, and typically informed by state and regional traffic laws.
Negligence and Bicycle Accidents in Grandview, Texas
When a cyclist takes legal action against to recuperate damages for injuries suffered in an accident with a car, the result often depends on two questions:
- 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 accident?
Motorist Negligence or Recklessness
Negligence by a driver can take many types. For example, speeding, running a stop sign, and wandering into a bike lane all constitute driver negligence, or even recklessness if finished with understanding disregard for the safety of others.
In a claim declaring negligence by another individual, complainants usually must show that the accused acted in a way that violated a task owed to the complainant. In vehicle accident cases, this means breaking the basic duty of care owed to everyone else on or near the highways.
Accident lawsuits boil down to realities specific to the individual case, and often the ability of the complainant to prove negligence through eyewitness statement or other proof. In automobile accident cases, however, habits which make up traffic infractions can constitute “negligence per se.” This suggests that if a driver was cited for an infraction such as speeding at the time of the accident, evidence of the speeding offense counts as evidence of negligence. The problem then moves to the defendant to show that he or she didn’t cause the complainant’s injuries.
Bicyclist Negligence – Grandview, Texas 76050
Whether a cyclist sues a driver, or a bicyclist is demanded triggering somebody else injury, cyclist negligence can determine the result of the lawsuit. 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 unable to recover damages for injuries they suffer in accidents involving vehicles. Such negligence is called contributory or comparative negligence, suggesting that the bicyclist’s negligence, at least in part, triggered the mishap to occur, and hence caused at least a few of the cyclist’s injuries. If a bicyclist rode negligently, which negligence triggered injury to somebody else, the bicyclist might be held responsible for that person’s injuries.
In mishap cases involving kids on bikes, courts hold drivers to a greater standard. See specifics on kid bike mishap liability for more details.
Get Your Legal Claim Evaluated free of charge
Accidents involving automobiles and bicycles can include major injuries and large liabilities. Bicycle mishap lawsuits often boil down to whether the chauffeur or the bicyclist 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 accident, you must seek advice from a lawyer to best secure your rights. You can have a knowledgeable law practice examine the merits of your claim for free.