Bicycle Accidents – Hope, ME 04847
Bicycle mishaps can result in severe and sometimes fatal injuries. Lawsuits to recover damages for injuries in bike accidents with cars include a number of the exact same concerns as any car mishap lawsuit. Liability for bike accident injuries often comes down to negligence– whether the automobile motorist’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist triggered or contributed to the accident.
Bike Mishap Liability Basics
Cyclists and chauffeurs are bound to comply with the rules of the road. These guidelines consist of traffic laws, along with the task to work out regular care in regards to one’s own safety and that of others on the highways. Like other lorry accident claims, bicycle accident lawsuits are governed by state law, and often informed by state and local traffic laws.
Negligence and Bicycle Accidents in Hope, Maine
When a bicyclist sues to recuperate damages for injuries suffered in a mishap with an auto, the result typically depends on two concerns:
- 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 chauffeur can take lots of forms. For example, speeding, running a stop sign, and wandering into a bike lane all make up motorist negligence, and even recklessness if finished with knowing neglect for the safety of others.
In a lawsuit alleging negligence by another person, complainants normally should show that the accused acted in a way that broke a responsibility owed to the plaintiff. In vehicle mishap cases, this indicates violating the standard responsibility of care owed to everyone else on or near the roads.
Mishap lawsuits boil down to realities particular to the individual case, and typically the ability of the plaintiff to show negligence through eyewitness testimony or other evidence. In vehicle accident cases, nevertheless, behaviors which make up traffic infractions can make up “negligence per se.” This means that if a chauffeur was mentioned for an offense such as speeding at the time of the accident, proof of the speeding offense counts as evidence of negligence. The problem then shifts to the offender to prove that he or she didn’t trigger the complainant’s injuries.
Cyclist Negligence – Hope, Maine 04847
Whether a bicyclist sues a chauffeur, or a cyclist is sued for causing another person injury, cyclist negligence can identify the outcome of the lawsuit. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop indication, and turning suddenly into traffic.
Irresponsible bicyclists might be not able to recover damages for injuries they suffer in mishaps involving cars. Such negligence is called contributory or comparative negligence, meaning that the bicyclist’s negligence, at least in part, caused the accident to occur, and hence caused at least some of the bicyclist’s injuries. If a cyclist rode negligently, and that negligence caused injury to another person, the bicyclist might be held responsible for that person’s injuries.
In accident cases including children on bikes, courts hold motorists to a greater standard. See specifics on kid bike accident liability for more details.
Get Your Legal Claim Evaluated free of charge
Accidents including autos and bikes can include major injuries and large liabilities. Bike accident claims often boil down to whether the chauffeur or the bicyclist 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 been in a bike mishap, you should talk to an attorney to best secure your rights. You can have a skilled law practice evaluate the merits of your claim free of charge.