Bicycle Accidents – Morrow, GA 30260
Bike accidents can result in serious and in some cases fatal injuries. Lawsuits to recuperate damages for injuries in bicycle mishaps with vehicles involve many of the same problems as any car mishap claim. Liability for bike accident injuries typically comes down to negligence– whether the vehicle chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the cyclist triggered or contributed to the mishap.
Bicycle Mishap Liability Basics
Cyclists and chauffeurs are obliged to follow the rules of the road. These rules consist of traffic laws, along with the task to work out ordinary care in regards to one’s own security which of others on the highways. Like other vehicle accident claims, bicycle accident lawsuits are governed by state law, and typically informed by state and local traffic laws.
Negligence and Bike Accidents in Morrow, Georgia
When a bicyclist sues to recuperate damages for injuries suffered in a mishap with a car, the result typically depends upon 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?
Chauffeur Negligence or Recklessness
Negligence by a driver can take lots of forms. For instance, speeding, running a stop indication, and wandering into a bike lane all constitute chauffeur negligence, or even recklessness if maded with understanding disregard for the security of others.
In a lawsuit alleging negligence by another individual, complainants normally need to prove that the defendant acted in such a way that violated a task owed to the complainant. In auto accident cases, this implies violating the standard duty of care owed to everyone else on or near the highways.
Mishap lawsuits come down to facts specific to the individual case, and often the ability of the complainant to prove negligence through eyewitness testament or other proof. In cars and truck accident cases, nevertheless, behaviors which constitute traffic infractions can make up “negligence per se.” This indicates that if a motorist was cited for an offense such as speeding at the time of the mishap, proof of the speeding infraction counts as evidence of negligence. The burden then moves to the defendant to show that she or he didn’t cause the complainant’s injuries.
Bicyclist Negligence – Morrow, Georgia 30260
Whether a bicyclist sues a driver, or a cyclist is demanded causing another person injury, bicyclist negligence can determine the result of the lawsuit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Negligent bicyclists may be unable to recover damages for injuries they suffer in accidents involving cars and trucks. Such negligence is called contributory or comparative negligence, meaning that the bicyclist’s negligence, a minimum of in part, caused the mishap to happen, and hence caused at least a few of the cyclist’s injuries. If a cyclist rode negligently, which negligence triggered injury to somebody else, the cyclist may be held accountable for that individual’s injuries.
In accident cases including children on bikes, courts hold motorists to a higher standard. See specifics on kid bicycle mishap liability for more information.
Get Your Legal Claim Evaluated free of charge
Accidents involving automobiles and bikes can include major injuries and large liabilities. Bicycle mishap suits frequently boil down to whether the driver or the bicyclist negligently triggered or contributed to the mishap. This negligence decision can be a complex and require thorough analysis. If you or a loved one has actually been in a bike mishap, you must seek advice from an attorney to best safeguard your rights. You can have an experienced law office assess the merits of your claim for free.