Bicycle Accidents – South Wellfleet, MA 02663
Bicycle accidents can result in severe and in some cases deadly injuries. Claims to recover damages for injuries in bike mishaps with autos include much of the very same issues as any auto accident lawsuit. Liability for bike accident injuries frequently comes down to negligence– whether the vehicle chauffeur’s negligence caused the bicyclist’s injuries, and whether any negligence by the cyclist triggered or contributed to the mishap.
Bike Accident Liability Essential
Cyclists and chauffeurs are obliged to comply with the rules of the road. These rules consist of traffic laws, along with the responsibility to exercise regular care in regards to one’s own safety which of others on the streets. Like other vehicle accident suits, bike mishap suits are governed by state law, and typically informed by state and local traffic laws.
Negligence and Bicycle Accidents in South Wellfleet, Massachusetts
When a cyclist sues to recover damages for injuries suffered in a mishap with an auto, the outcome often depends on 2 questions:
- Did negligence (or recklessness) on the part of the motorist cause the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or add to the mishap?
Motorist Negligence or Recklessness
Negligence by a driver can take lots of forms. For instance, speeding, running a stop indication, and drifting into a bike lane all make up driver negligence, and even recklessness if maded with knowing disregard for the safety of others.
In a suit declaring negligence by another individual, plaintiffs generally need to prove that the offender acted in a way that breached a task owed to the plaintiff. In auto accident cases, this suggests violating the basic duty of care owed to everybody else on or near the roadways.
Accident claims boil down to facts specific to the private case, and often the capability of the plaintiff to show negligence through eyewitness statement or other proof. In cars and truck mishap cases, however, behaviors which constitute traffic infractions can make up “negligence per se.” This means that if a driver was pointed out for an infraction such as speeding at the time of the mishap, proof of the speeding violation counts as proof of negligence. The problem then moves to the defendant to prove that she or he didn’t trigger the plaintiff’s injuries.
Cyclist Negligence – South Wellfleet, Massachusetts 02663
Whether a bicyclist takes legal action against a chauffeur, or a cyclist is demanded triggering somebody else injury, bicyclist negligence can determine the outcome of the suit. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop indication, and turning abruptly into traffic.
Negligent cyclists may be not able to recover damages for injuries they suffer in mishaps involving cars and trucks. Such negligence is called contributing or comparative negligence, indicating that the bicyclist’s negligence, at least in part, triggered the accident to happen, and therefore triggered at least some of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to somebody else, the cyclist may be held liable for that individual’s injuries.
In mishap cases including kids on bicycles, courts hold chauffeurs to a higher standard. See specifics on child bicycle accident liability for more information.
Get Your Legal Claim Evaluated for Free
Accidents involving autos and bikes can involve serious injuries and big liabilities. Bike accident lawsuits often come down to whether the chauffeur or the bicyclist negligently caused or added to the mishap. This negligence determination can be a complex and require extensive analysis. If you or a loved one has remained in a bike accident, you must talk to an attorney to best safeguard your rights. You can have a knowledgeable law firm examine the merits of your claim for free.