Bicycle accidents can cause serious, sometimes fatal injuries. Bicycle accident lawsuits for damages can be brought against the car driver. Bicycle accident injuries are often based on negligence. This includes whether the bicycle accident was caused by negligence of the motorist, or whether it was caused by negligence of the cyclist.
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Basics of Bicycle Accident Liability
Drivers and cyclists are required to follow the rules of road. These rules include traffic laws and the obligation to exercise ordinary care regarding one’s safety as well as that of others. Bicycle accident lawsuits, like other types of vehicle accident lawsuits will be governed by state law and are often informed by local and state traffic laws.
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Negligence and Bicycle Accidents
Two questions are often asked when a cyclist files a lawsuit to seek damages for injuries sustained in an accident with an auto.
Negligence can come in many forms. Speeding, running a red light, and drifting in a bike lane are all examples of driver negligence.
Plaintiffs must usually prove that the defendant violated a duty to them in a lawsuit alleging negligence. This refers to the violation of the duty of care that is owed everyone on or near the roads in auto accidents cases.
The facts of each case and the plaintiff’s ability to show negligence through eyewitness testimony, or other evidence are the key to accident lawsuits. However, in car accident cases, behavior that constitutes traffic violations may be considered “negligence per-se.” If a driver is cited for speeding, the evidence of the speeding violation can be used to prove negligence. Now, the plaintiff must prove that the defendant didn’t cause their injuries.
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The outcome of a lawsuit can be determined by whether a cyclist sues another driver or cyclist is sued for causing injury to someone else. Biker negligence includes riding in an unsafe direction on a one-way street, failing to obey a stop sign and abruptly turning into traffic.
Negligent cyclists might not be eligible to receive damages for injuries sustained in an accident involving cars. This type of negligence is known as contributory or relative negligence. It means that the cyclist’s negligence caused the accident to occur and caused at least some of their injuries. A cyclist who rode negligently and caused injury to another person may be held responsible.
Courts hold drivers accountable for accidents involving children riding bicycles to a higher standard. For more information, see the section on liability for child bicycle accidents.
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Have your legal claim evaluated
Bicycle accidents can result in serious injuries and substantial liabilities. Bicycle accident lawsuits usually boil down to whether the cyclist or the driver negligently caused the accident. This complex process can require extensive analysis. To protect your rights, it is a good idea to consult an attorney if you or someone you love has been involved in a bicycle accident. An experienced legal firm can evaluate your case.