Bicycle Accidents – Alamo, CA 94507
Bike accidents can result in major and in some cases deadly injuries. Claims to recuperate damages for injuries in bike accidents with automobiles involve a lot of the same problems as any car accident suit. Liability for bike accident injuries typically boils down to negligence– whether the car chauffeur’s negligence triggered the cyclist’s injuries, and whether any negligence by the bicyclist triggered or added to the accident.
Bicycle Accident Liability Fundamentals
Cyclists and motorists are obliged to follow the rules of the road. These rules include traffic laws, in addition to the task to exercise normal care in regards to one’s own safety and that of others on the roads. Like other lorry accident claims, bike accident suits are governed by state law, and often informed by state and regional traffic laws.
Negligence and Bike Accidents in Alamo, California
When a cyclist takes legal action against to recover damages for injuries suffered in an accident with an automobile, the result frequently 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 contribute to the accident?
Motorist Negligence or Recklessness
Negligence by a driver can take many kinds. For example, speeding, running a stop sign, and drifting into a bike lane all make up chauffeur negligence, or even recklessness if done with understanding disregard for the security of others.
In a suit alleging negligence by another individual, complainants usually should prove that the offender acted in a manner that breached a duty owed to the plaintiff. In car mishap cases, this implies breaching the standard responsibility of care owed to everybody else on or near the streets.
Accident lawsuits come down to facts specific to the specific case, and often the ability of the complainant to show negligence through eyewitness statement or other evidence. In cars and truck accident cases, nevertheless, habits which constitute traffic infractions can make up “negligence per se.” This indicates that if a chauffeur was mentioned for an infraction such as speeding at the time of the accident, evidence of the speeding infraction counts as proof of negligence. The problem then moves to the offender to show that he or she didn’t cause the complainant’s injuries.
Bicyclist Negligence – Alamo, California 94507
Whether a cyclist takes legal action against a chauffeur, or a cyclist is demanded causing another person injury, bicyclist negligence can figure out the result of the suit. Examples of bicycle rider negligence include riding the wrong way on a one-way street, running a stop indication, and turning quickly into traffic.
Negligent cyclists might be unable to recover damages for injuries they suffer in mishaps involving cars and trucks. Such negligence is called contributing or comparative negligence, suggesting that the bicyclist’s negligence, a minimum of in part, caused the accident to happen, and thus triggered at least some of the bicyclist’s injuries. If a cyclist rode negligently, and that negligence caused injury to somebody else, the cyclist might be held responsible for that person’s injuries.
In accident cases including children on bicycles, courts hold chauffeurs to a greater requirement. See specifics on kid bicycle mishap liability for more details.
Get Your Legal Claim Evaluated free of charge
Mishaps involving vehicles and bikes can include serious injuries and large liabilities. Bike mishap suits frequently boil down to whether the driver or the bicyclist negligently triggered or contributed to the mishap. This negligence decision can be a complex and require in-depth analysis. If you or a loved one has been in a bike mishap, you need to seek advice from an attorney to best secure your rights. You can have a knowledgeable law firm assess the merits of your claim free of charge.