Bicycle accidents can cause severe and at time, fatal injuries especially when the accident involves an automobile. Lawsuits to recover damages for injuries in bicycle accidents with vehicles involved in many similar accidents. The liability for bicycle accident injuries usually arise from the negligence of the automobile driver that caused the injuries of the cyclist, or the negligence by the cyclist that caused or contributed to the accident.
The Basics of the Bicycle Accident Liability
Bicyclists and the drivers are mandated to adhere to the rules of the road and these rules include the traffic laws and the responsibility to practice care for one’s own safety and others on the roadways. Similar to other vehicle accident lawsuits, these cases are controlled by the state law, and usually notified by the state and local traffic laws.
Bicycle accidents and Negligence
When the cyclist files lawsuit to recover damages for the injuries experienced in an accident where an automobile is involved, and the result generally depends on two basic questions:
- Did the negligence or recklessness on the part of the driver caused the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the accident?
Negligence or Recklessness of the Driver
Negligence by a driver can come in many forms. For instance, running a stop sign, speeding, and drifting in a bike lane all comprise driver negligence or even the carelessness if they are done with disregard for the safety of others.
In a legal lawsuit that claims negligence by another individual, the plaintiffs must show that the defendant behaved in a manner that defied a responsibility owed to the plaintiff. In vehicle accident lawsuits, this refers to violating the basic responsibility of care owed to everybody on or near the roadways.
Accident legal cases should have facts particular to the individual case, and usually how plaintiff can prove the negligence through eyewitness testimony or other evidence. In auto accident lawsuits, the conducts that involve traffic violations can comprise “negligence per se.” It means that if the driver is quoted for a violation like speeding during the accident. The speeding violation is a strong evidence to prove the negligence of the defendant while the burden is transferred to the defendant to show that he/she was not the cause of the injuries of the plaintiff.
The Negligence of the Cyclist
Even if the cyclist charges a driver, or the cyclist is being charged for causing somebody else’s injury, the negligence of the cyclist can determine the result of the legal case. The samples of the negligence of the cyclist are riding on the wrong way on s one-way street, running a stop sign, and turning immediately into traffic.
The negligent cyclist may not recover damages for injuries they experience in the accidents that involve cars. This negligence is known as contributory or comparative negligence which means that the negligence of the cyclists, although at least in part, caused the accident to occur, and caused injuries of some of the cyclists. When the cyclist rides negligently, and the negligence caused injury to somebody else, then the cyclist may be held responsible for the person’s injuries.
In accidents that involve children on bikes, the courts hold the drivers to greater standards.
The accidents involve automobiles and bicycles usually involve severe injuries and can big liabilities. Like the other types of vehicle accident legal cases where the main cause is negligence, the negligence of the driver has caused or contributed to the accident. There are many traffic violations for both automobiles and bicycles may compose negligence. The failure to wear bicycle helmet does not count as a proof of the negligence of the cyclist.