Bike Accidents – Stafford, VA 22554
Bike accidents can result in serious and often deadly injuries. Lawsuits to recuperate damages for injuries in bike accidents with autos include a lot of the same problems as any automobile mishap lawsuit. Liability for bike accident injuries frequently comes down to negligence– whether the automobile driver’s negligence triggered the bicyclist’s injuries, and whether any negligence by the bicyclist triggered or contributed to the mishap.
Bicycle Accident Liability Basics
Bicyclists and motorists are obligated to comply with the rules of the road. These guidelines consist of traffic laws, as well as the responsibility to exercise regular care in regards to one’s own security which of others on the streets. Like other automobile mishap suits, bicycle accident suits are governed by state law, and often notified by state and regional traffic laws.
Negligence and Bike Accidents in Stafford, Virginia
When a bicyclist takes legal action against to recuperate damages for injuries suffered in an accident with a vehicle, the outcome often depends upon two questions:
- Did negligence (or recklessness) on the part of the chauffeur trigger the mishap 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 many types. For example, speeding, running a stop sign, and wandering into a bike lane all make up driver negligence, or perhaps recklessness if maded with understanding disregard for the security of others.
In a lawsuit declaring negligence by another individual, plaintiffs typically should show that the offender acted in a way that breached a duty owed to the complainant. In car accident cases, this suggests breaching the standard task of care owed to everyone else on or near the highways.
Mishap lawsuits boil down to realities particular to the individual case, and often the ability of the complainant to prove negligence through eyewitness statement or other evidence. In vehicle mishap cases, however, habits which constitute traffic infractions can make up “negligence per se.” This means that if a motorist was mentioned for an offense such as speeding at the time of the mishap, evidence of the speeding violation counts as evidence of negligence. The concern then shifts to the defendant to prove that he or she didn’t trigger the complainant’s injuries.
Bicyclist Negligence – Stafford, Virginia 22554
Whether a bicyclist sues a chauffeur, or a cyclist is sued for triggering another person injury, bicyclist negligence can identify the outcome of the suit. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop sign, and turning suddenly into traffic.
Irresponsible bicyclists might be unable to recuperate damages for injuries they suffer in accidents involving automobiles. Such negligence is called contributing or relative negligence, implying that the cyclist’s negligence, a minimum of in part, triggered the accident to take place, and thus caused a minimum of some of the bicyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to someone else, the bicyclist may be held liable for that person’s injuries.
In mishap cases including kids on bicycles, courts hold chauffeurs to a greater requirement. See specifics on child bike mishap liability for more details.
Get Your Legal Claim Evaluated free of charge
Accidents involving automobiles and bikes can include major injuries and big liabilities. Bike mishap suits often come down to whether the driver or the cyclist negligently triggered or contributed to the mishap. This negligence determination can be a complex and need thorough analysis. If you or a loved one has been in a bike mishap, you should speak with an attorney to best protect your rights. You can have a skilled law practice assess the merits of your claim free of charge.