Bicycle Accidents – Manchester, ME 04351
Bicycle accidents can result in serious and sometimes fatal injuries. Claims to recuperate damages for injuries in bicycle mishaps with autos involve many of the same issues as any car mishap claim. Liability for bike accident injuries often boils down to negligence– whether the car chauffeur’s negligence caused the cyclist’s injuries, and whether any negligence by the cyclist triggered or added to the accident.
Bicycle Mishap Liability Fundamentals
Bicyclists and drivers are bound to obey the rules of the road. These rules include traffic laws, as well as the duty to work out ordinary care in regards to one’s own safety and that of others on the highways. Like other automobile mishap suits, bicycle accident suits are governed by state law, and often informed by state and local traffic laws.
Negligence and Bicycle Accidents in Manchester, Maine
When a bicyclist sues to recover damages for injuries suffered in a mishap with an auto, the outcome typically depends on two questions:
- Did negligence (or recklessness) on the part of the driver trigger the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the accident?
Motorist Negligence or Recklessness
Negligence by a chauffeur can take numerous forms. For example, speeding, running a stop sign, and drifting into a bike lane all make up chauffeur negligence, or even recklessness if done with understanding disregard for the security of others.
In a claim alleging negligence by another individual, complainants generally must prove that the accused acted in such a way that broke a task owed to the complainant. In vehicle mishap cases, this means breaching the standard duty of care owed to everybody else on or near the streets.
Accident suits boil down to realities particular to the specific case, and frequently the capability of the plaintiff to show negligence through eyewitness statement or other proof. In vehicle mishap cases, however, behaviors which make up traffic infractions can constitute “negligence per se.” This indicates that if a chauffeur was mentioned for an offense such as speeding at the time of the accident, evidence of the speeding offense counts as evidence of negligence. The burden then shifts to the offender to show that he or she didn’t cause the plaintiff’s injuries.
Cyclist Negligence – Manchester, Maine 04351
Whether a cyclist takes legal action against a chauffeur, or a cyclist is demanded causing someone else injury, cyclist negligence can determine the result of the suit. Examples of biker negligence include riding the wrong way on a one-way street, running a stop sign, and turning abruptly into traffic.
Negligent bicyclists might be unable to recuperate damages for injuries they suffer in accidents involving cars and trucks. Such negligence is called contributing or comparative negligence, suggesting that the cyclist’s negligence, at least in part, triggered the mishap to take place, and thus triggered at least a few of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence triggered injury to another person, the bicyclist may be held liable for that individual’s injuries.
In accident cases including children on bicycles, courts hold drivers to a greater standard. See specifics on kid bicycle mishap liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents including automobiles and bicycles can involve severe injuries and large liabilities. Bicycle accident suits typically come down to whether the motorist or the bicyclist negligently triggered or added to the accident. This negligence determination can be a complex and require thorough analysis. If you or a loved one has remained in a bike mishap, you must seek advice from a lawyer to finest secure your rights. You can have a knowledgeable law firm evaluate the merits of your claim totally free.