Bike Accidents – Riga, MI 49276
Bicycle mishaps can lead to major and often deadly injuries. Lawsuits to recover damages for injuries in bicycle mishaps with vehicles include a lot of the same concerns as any car accident suit. Liability for bike mishap injuries typically comes down to negligence– whether the automobile motorist’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist caused or added to the accident.
Bike Accident Liability Basics
Cyclists and motorists are obliged to follow the rules of the road. These rules include traffic laws, along with the responsibility to exercise ordinary care in regards to one’s own security and that of others on the streets. Like other automobile mishap lawsuits, bicycle accident suits are governed by state law, and often notified by state and regional traffic laws.
Negligence and Bike Accidents in Riga, Michigan
When a bicyclist sues to recover damages for injuries suffered in an accident with a vehicle, the result often depends on 2 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 contribute to the accident?
Driver Negligence or Recklessness
Negligence by a motorist can take numerous forms. For example, speeding, running a stop sign, and wandering into a bike lane all constitute motorist negligence, and even recklessness if maded with understanding disregard for the safety of others.
In a suit declaring negligence by another person, complainants generally must show that the accused acted in such a way that broke a task owed to the complainant. In auto accident cases, this means breaking the basic duty of care owed to everybody else on or near the roads.
Accident claims boil down to facts specific to the individual case, and frequently the ability of the plaintiff to prove negligence through eyewitness testimony or other evidence. In automobile accident cases, nevertheless, behaviors which constitute traffic offenses can constitute “negligence per se.” This indicates that if a chauffeur was cited for a violation such as speeding at the time of the mishap, evidence of the speeding offense counts as proof of negligence. The problem then moves to the offender to show that he or she didn’t trigger the complainant’s injuries.
Cyclist Negligence – Riga, Michigan 49276
Whether a bicyclist sues a motorist, or a bicyclist is demanded triggering another person injury, bicyclist negligence can determine the outcome of the lawsuit. Examples of bicycle rider negligence consist of riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.
Negligent cyclists may be unable to recover damages for injuries they suffer in mishaps involving cars and trucks. Such negligence is called contributory or comparative negligence, suggesting that the cyclist’s negligence, at least in part, caused the accident to occur, and thus caused at least a few of the bicyclist’s injuries. If a cyclist rode negligently, and that negligence triggered injury to someone else, the bicyclist may be held accountable for that individual’s injuries.
In accident cases involving kids on bikes, courts hold drivers to a greater requirement. See specifics on child bicycle accident liability for more information.
Get Your Legal Claim Evaluated for Free
Mishaps involving vehicles and bikes can involve severe injuries and big liabilities. Bike accident claims often boil down to whether the motorist or the bicyclist negligently triggered or contributed to the mishap. This negligence decision can be a complex and need thorough analysis. If you or a loved one has actually remained in a bike mishap, you must talk to an attorney to best safeguard your rights. You can have a skilled law office evaluate the merits of your claim totally free.