Bicycle Accidents – West Dennis, MA 02670
Bicycle accidents can result in major and sometimes fatal injuries. Suits to recover damages for injuries in bicycle mishaps with automobiles include many of the same problems as any automobile accident suit. Liability for bike mishap injuries typically comes down to negligence– whether the vehicle motorist’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 obliged to obey the rules of the road. These rules include traffic laws, in addition to the duty to exercise normal care in regards to one’s own safety and that of others on the highways. Like other vehicle mishap lawsuits, bike mishap claims are governed by state law, and typically notified by state and regional traffic laws.
Negligence and Bicycle Accidents in West Dennis, Massachusetts
When a bicyclist takes legal action against to recover damages for injuries suffered in an accident with an auto, the result frequently depends on two questions:
- Did negligence (or recklessness) on the part of the chauffeur cause 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 chauffeur can take lots of forms. For instance, speeding, running a stop sign, and drifting into a bike lane all make up motorist negligence, or even recklessness if maded with understanding disregard for the security of others.
In a lawsuit declaring negligence by another individual, plaintiffs normally must prove that the offender acted in such a way that breached a duty owed to the complainant. In car accident cases, this indicates breaching the basic responsibility of care owed to everybody else on or near the highways.
Accident claims come down to realities specific to the specific case, and frequently the ability of the plaintiff to prove negligence through eyewitness testament or other proof. In car accident cases, however, habits which constitute traffic violations can make up “negligence per se.” This implies that if a driver was cited for a violation such as speeding at the time of the mishap, proof of the speeding violation counts as proof of negligence. The burden then shifts to the offender to show that she or he didn’t trigger the plaintiff’s injuries.
Bicyclist Negligence – West Dennis, Massachusetts 02670
Whether a cyclist sues a driver, or a bicyclist is demanded triggering somebody else injury, cyclist negligence can identify the result of the lawsuit. Examples of cyclist negligence consist of riding the wrong way on a one-way street, running a stop indication, and turning abruptly into traffic.
Irresponsible cyclists may be not able to recuperate damages for injuries they suffer in accidents involving cars and trucks. Such negligence is called contributing or relative negligence, meaning that the bicyclist’s negligence, at least in part, triggered the accident to take place, and therefore caused at least some of the cyclist’s injuries. If a bicyclist rode negligently, and that negligence caused injury to somebody else, the cyclist may be held liable for that person’s injuries.
In mishap cases including children on bicycles, courts hold chauffeurs to a greater standard. See specifics on kid bike mishap liability for more information.
Get Your Legal Claim Evaluated free of charge
Mishaps involving autos and bicycles can involve severe injuries and large liabilities. Bicycle accident lawsuits typically come down to whether the driver or the cyclist negligently caused or added to the mishap. This negligence determination can be a complex and require in-depth analysis. If you or a loved one has actually remained in a bike accident, you need to talk to an attorney to finest secure your rights. You can have an experienced law firm evaluate the merits of your claim for free.