Bike Accidents – Sandwich, MA 02563
Bicycle accidents can result in serious and often fatal injuries. Lawsuits to recover damages for injuries in bike accidents with cars include a number of the exact same concerns as any car accident lawsuit. Liability for bike accident injuries typically comes down to negligence– whether the vehicle motorist’s negligence triggered the bicyclist’s injuries, and whether any negligence by the cyclist caused or contributed to the mishap.
Bicycle Mishap Liability Fundamentals
Bicyclists and drivers are obligated to obey the rules of the road. These guidelines include traffic laws, along with the task to exercise regular care in regards to one’s own safety and that of others on the roadways. Like other vehicle accident suits, bicycle mishap claims are governed by state law, and often notified by state and local traffic laws.
Negligence and Bike Accidents in Sandwich, Massachusetts
When a bicyclist takes legal action against to recover damages for injuries suffered in an accident with a car, the result frequently depends on 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 contribute to the mishap?
Chauffeur Negligence or Recklessness
Negligence by a motorist can take many forms. For example, speeding, running a stop indication, and drifting into a bike lane all constitute driver negligence, or perhaps recklessness if maded with understanding neglect for the safety of others.
In a lawsuit declaring negligence by another person, plaintiffs normally should show that the defendant acted in a way that breached a task owed to the plaintiff. In automobile accident cases, this means breaching the basic duty of care owed to everyone else on or near the roadways.
Accident lawsuits boil down to realities particular to the private case, and frequently the capability of the complainant to show negligence through eyewitness statement or other proof. In car mishap cases, nevertheless, habits which make up traffic offenses can make up “negligence per se.” This means that if a chauffeur was pointed out for an infraction such as speeding at the time of the mishap, evidence of the speeding violation counts as proof of negligence. The burden then moves to the accused to prove that he or she didn’t trigger the complainant’s injuries.
Cyclist Negligence – Sandwich, Massachusetts 02563
Whether a bicyclist takes legal action against a motorist, or a bicyclist is sued for triggering another person injury, cyclist negligence can determine the result of the claim. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop sign, and turning suddenly into traffic.
Negligent cyclists may be not able to recover damages for injuries they suffer in accidents including cars. Such negligence is called contributing or relative negligence, meaning that the cyclist’s negligence, a minimum of in part, triggered the accident to occur, and hence triggered at least some of the cyclist’s injuries. If a cyclist rode negligently, which negligence caused injury to somebody else, the cyclist might be held liable for that person’s injuries.
In accident cases involving children on bikes, courts hold chauffeurs to a higher standard. See specifics on kid bike mishap liability for more information.
Get Your Legal Claim Evaluated for Free
Mishaps including autos and bicycles can include serious injuries and big liabilities. Bicycle accident lawsuits often come down to whether the chauffeur or the bicyclist negligently triggered or added to the accident. This negligence determination can be a complex and need in-depth analysis. If you or a loved one has been in a bike accident, you should speak with a lawyer to best secure your rights. You can have a skilled law practice assess the merits of your claim for free.