Bike accidents can result in severe and often fatal injuries. Claims to recover damages for injuries in bicycle mishaps with automobiles include a lot of the very same issues as any auto mishap suit. Liability for bike mishap injuries often boils down to negligence– whether the vehicle chauffeur’s negligence caused the cyclist’s injuries, and whether any negligence by the bicyclist caused or added to the accident.
Bike Accident Liability Fundamentals
Bicyclists and drivers are bound to comply with the rules of the road. These rules consist of traffic laws, in addition to the responsibility to work out normal care in regards to one’s own safety and that of others on the roadways. Like other lorry mishap lawsuits, bike accident suits are governed by state law, and frequently informed by state and regional traffic laws.
When a bicyclist sues to recover damages for injuries suffered in an accident with a vehicle, the outcome typically depends upon two concerns:
- 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 mishap?
Driver Negligence or Recklessness
Negligence by a driver can take many kinds. For example, speeding, running a stop indication, and wandering into a bike lane all constitute motorist negligence, or even recklessness if finished with understanding neglect for the safety of others.
In a suit declaring negligence by another person, complainants generally need to prove that the accused acted in a way that breached a task owed to the plaintiff. In vehicle accident cases, this suggests breaking the fundamental duty of care owed to everybody else on or near the streets.
Mishap claims boil down to realities particular to the individual case, and typically the ability of the complainant to show negligence through eyewitness testimony or other proof. In vehicle mishap cases, however, habits which constitute traffic offenses can make up “negligence per se.” This indicates that if a driver was pointed out for an offense such as speeding at the time of the mishap, proof of the speeding infraction counts as evidence of negligence. The problem then shifts to the accused to prove that she or he didn’t trigger the plaintiff’s injuries.
Whether a cyclist takes legal action against a driver, or a bicyclist is sued for triggering someone else injury, bicyclist negligence can determine the result of the lawsuit. Examples of biker negligence consist of riding the wrong way on a one-way street, running a stop sign, and turning abruptly into traffic.
Negligent bicyclists may be unable to recover damages for injuries they suffer in mishaps including automobiles. Such negligence is called contributory or comparative negligence, indicating that the cyclist’s negligence, a minimum of in part, caused the mishap to happen, and hence caused at least some of the bicyclist’s injuries. If a cyclist rode negligently, which negligence caused injury to another person, the cyclist may be held accountable for that individual’s injuries.
In accident cases involving children on bicycles, courts hold motorists to a higher requirement. See specifics on child bicycle mishap liability for more information.
Get Your Legal Claim Evaluated totally free
Mishaps involving cars and bikes can involve severe injuries and big liabilities. Bicycle accident lawsuits often boil down to whether the chauffeur or the bicyclist negligently caused or contributed to the mishap. This negligence decision can be a complex and require extensive analysis. If you or a loved one has been in a bike accident, you ought to consult with a lawyer to best protect your rights. You can have a skilled law office assess the merits of your claim totally free.