Bicycle Accidents – Maple Mount, KY 42356
Bicycle mishaps can result in major and often fatal injuries. Claims to recover damages for injuries in bicycle accidents with cars involve a lot of the very same concerns as any auto mishap claim. Liability for bike mishap injuries frequently boils down to negligence– whether the cars and truck motorist’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist caused or contributed to the accident.
Bicycle Accident Liability Basics
Cyclists and drivers are obligated to follow the rules of the road. These guidelines include traffic laws, as well as the task to work out ordinary care in regards to one’s own safety and that of others on the streets. Like other vehicle mishap claims, bicycle accident lawsuits are governed by state law, and often informed by state and local traffic laws.
Negligence and Bicycle Accidents in Maple Mount, Kentucky
When a cyclist takes legal action against to recuperate damages for injuries suffered in a mishap with an auto, the outcome often depends upon two questions:
- Did negligence (or recklessness) on the part of the driver cause the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or add to the accident?
Chauffeur Negligence or Recklessness
Negligence by a motorist can take numerous types. For example, speeding, running a stop indication, and wandering into a bike lane all make up motorist negligence, or perhaps recklessness if finished with knowing neglect for the security of others.
In a claim alleging negligence by another person, plaintiffs normally need to show that the accused acted in a manner that violated a responsibility owed to the plaintiff. In auto accident cases, this suggests breaching the standard duty of care owed to everyone else on or near the highways.
Mishap suits boil down to truths specific to the individual case, and frequently the ability of the complainant to prove negligence through eyewitness testimony or other evidence. In vehicle mishap cases, nevertheless, behaviors which make up traffic offenses can make up “negligence per se.” This implies that if a driver was cited for an infraction such as speeding at the time of the accident, proof of the speeding infraction counts as evidence of negligence. The problem then moves to the defendant to prove that he or she didn’t cause the plaintiff’s injuries.
Bicyclist Negligence – Maple Mount, Kentucky 42356
Whether a cyclist takes legal action against a chauffeur, or a bicyclist is sued for causing someone else injury, cyclist negligence can identify the result of the claim. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Irresponsible cyclists might be unable to recuperate damages for injuries they suffer in mishaps including automobiles. Such negligence is called contributing or comparative negligence, implying that the cyclist’s negligence, at least in part, caused the mishap to occur, and therefore caused at least some of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence triggered injury to another person, the cyclist may be held accountable for that individual’s injuries.
In mishap cases including children on bicycles, courts hold drivers to a greater standard. See specifics on child bike accident liability for more information.
Get Your Legal Claim Evaluated for Free
Mishaps including autos and bikes can include severe injuries and big liabilities. Bike accident lawsuits typically boil down to whether the motorist or the bicyclist negligently caused or contributed to the mishap. This negligence decision can be a complex and need in-depth analysis. If you or a loved one has remained in a bike mishap, you must speak with an attorney to best protect your rights. You can have a skilled law office assess the benefits of your claim for free.