Bicycle Accidents – Sylvester, GA 31791
Bicycle mishaps can result in severe and often fatal injuries. Lawsuits to recuperate damages for injuries in bike accidents with autos involve a number of the exact same issues as any car accident claim. Liability for bike accident injuries frequently boils down to negligence– whether the car chauffeur’s negligence caused the cyclist’s injuries, and whether any negligence by the cyclist caused or contributed to the mishap.
Bike Accident Liability Basics
Bicyclists and chauffeurs are obliged to obey the rules of the road. These rules consist of traffic laws, in addition to the responsibility to work out regular care in regards to one’s own security and that of others on the streets. Like other automobile accident lawsuits, bicycle mishap suits are governed by state law, and often informed by state and local traffic laws.
Negligence and Bicycle Accidents in Sylvester, Georgia
When a cyclist sues to recuperate damages for injuries suffered in an accident with an auto, the outcome often depends upon 2 concerns:
- Did negligence (or recklessness) on the part of the driver trigger the mishap and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the accident?
Motorist Negligence or Recklessness
Negligence by a driver can take many types. For instance, speeding, running a stop indication, and drifting into a bike lane all make up driver negligence, and even recklessness if done with knowing neglect for the security of others.
In a suit declaring negligence by another individual, complainants usually should prove that the offender acted in such a way that breached a duty owed to the complainant. In auto accident cases, this suggests breaching the standard responsibility of care owed to everyone else on or near the streets.
Accident lawsuits boil down to realities particular to the specific case, and typically the capability of the plaintiff to show negligence through eyewitness testament or other proof. In vehicle mishap cases, however, habits which constitute traffic offenses can constitute “negligence per se.” This suggests that if a driver was cited for an infraction such as speeding at the time of the mishap, proof of the speeding infraction counts as proof of negligence. The concern then shifts to the offender to show that he or she didn’t cause the plaintiff’s injuries.
Cyclist Negligence – Sylvester, Georgia 31791
Whether a bicyclist sues a driver, or a cyclist is sued for causing someone else injury, cyclist negligence can determine the outcome of the lawsuit. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop sign, and turning quickly into traffic.
Negligent bicyclists might be unable to recuperate damages for injuries they suffer in mishaps involving cars. Such negligence is called contributing or comparative negligence, suggesting that the cyclist’s negligence, at least in part, caused the accident to happen, and thus triggered at least a few of the cyclist’s injuries. If a bicyclist rode negligently, which negligence caused injury to someone else, the bicyclist might be held accountable for that person’s injuries.
In accident cases involving children on bicycles, courts hold chauffeurs to a higher requirement. See specifics on kid bike accident liability for more details.
Get Your Legal Claim Evaluated for Free
Accidents including automobiles and bikes can involve serious injuries and large liabilities. Bike mishap suits often come down to whether the driver or the cyclist negligently triggered or added to the mishap. This negligence determination can be a complex and require thorough analysis. If you or a loved one has actually been in a bike accident, you need to consult with a lawyer to best safeguard your rights. You can have an experienced law practice evaluate the merits of your claim free of charge.