Bicycle Accidents – Sanford, ME 04073
Bike accidents can lead to major and in some cases fatal injuries. Claims to recover damages for injuries in bike mishaps with cars include many of the very same concerns as any vehicle accident suit. Liability for bike accident injuries frequently boils down to negligence– whether the cars and truck motorist’s negligence triggered the cyclist’s injuries, and whether any negligence by the bicyclist caused or contributed to the accident.
Bicycle Accident Liability Basics
Cyclists and drivers are obliged to follow the rules of the road. These rules include traffic laws, as well as the task to work out normal care in regards to one’s own security and that of others on the roadways. Like other car accident suits, bicycle mishap claims are governed by state law, and typically notified by state and regional traffic laws.
Negligence and Bike Accidents in Sanford, Maine
When a bicyclist sues to recuperate damages for injuries suffered in a mishap with a car, the result typically depends upon 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 add to the mishap?
Chauffeur Negligence or Recklessness
Negligence by a motorist can take numerous kinds. For instance, speeding, running a stop indication, and drifting into a bike lane all constitute chauffeur negligence, or even recklessness if maded with understanding disregard for the safety of others.
In a claim alleging negligence by another person, plaintiffs normally should prove that the defendant acted in a manner that broke a responsibility owed to the plaintiff. In auto accident cases, this indicates breaching the standard task of care owed to everyone else on or near the roadways.
Accident claims come down to truths specific to the individual case, and often the ability of the plaintiff to show negligence through eyewitness testament or other evidence. In automobile accident cases, however, habits which make up traffic offenses can make up “negligence per se.” This indicates that if a driver was mentioned for an offense such as speeding at the time of the mishap, proof of the speeding offense counts as proof of negligence. The problem then shifts to the offender to show that she or he didn’t cause the complainant’s injuries.
Cyclist Negligence – Sanford, Maine 04073
Whether a cyclist sues a chauffeur, or a bicyclist is demanded causing another person injury, bicyclist negligence can determine the result of the claim. Examples of biker negligence include riding the wrong way on a one-way street, running a stop indication, and turning abruptly into traffic.
Negligent bicyclists might be unable to recuperate damages for injuries they suffer in accidents including cars and trucks. Such negligence is called contributing or relative negligence, indicating that the cyclist’s negligence, a minimum of in part, caused the mishap to happen, and hence triggered at least a few of the bicyclist’s injuries. If a cyclist rode negligently, which negligence caused injury to someone else, the cyclist may be held liable for that individual’s injuries.
In mishap cases including children on bicycles, courts hold drivers to a higher standard. See specifics on child bicycle accident liability for more information.
Get Your Legal Claim Evaluated for Free
Mishaps including autos and bicycles can include major injuries and big liabilities. Bicycle mishap claims often boil down to whether the driver or the cyclist negligently triggered or contributed to the mishap. This negligence decision can be a complex and require extensive analysis. If you or a loved one has remained in a bike accident, you need to seek advice from a lawyer to best safeguard your rights. You can have an experienced law firm assess the benefits of your claim totally free.