Bicycle accidents can cause severe and sometimes deadly injuries. Claims to get damages for injuries in bike accidents with cars involve numerous same problems as any car accident claim. Liability for bicycle accident injuries frequently comes down to carelessness or negligence – whether or not the negligence of the car driver caused the injuries of the cyclist, and whether or not any negligence by the cyclist himself contributed to or caused the accident.
Bicycle Accident Liability
Drivers and cyclists are required to abide by the traffic rules. These rules take in traffic laws and the duty to use ordinary care when it comes to safety as well as that of others on the road. Like other car accident claims, bicycle accident claims are governed by the state law and usually notified by local and state traffic laws.
Bicycle Accidents and Negligence
When a cyclist files a claim to get damages for injuries sustained in an accident with a car, the result often varies according to two questions:
- Did negligence on the part of the car driver resulted in the accident and injuries to the cyclist?
- Did any cyclist negligence contribute to or cause the accident?
Driver Recklessness or Negligence
Negligence by a vehicle driver can take numerous forms. For instance, running a red light, overspeeding, and moving into a bike lane constitute negligence or recklessness if performed with a disregard for the others’ safety.
In a case alleging negligence or recklessness by another person, victims typically should demonstrate that the defendant behaved in a way that breached a duty that’s owed to the victim. In car accident lawsuits, this indicates violating the duty of care that’s owed to everybody else on or close to the roadways.
Accident cases come down to evidence specific to the case, and usually, the ability of the victim to establish negligence via eyewitness testimony and other evidence. However, in auto accident cases, behaviors are traffic violations can comprise “negligence per se.”
And this indicates that if a car driver was cited for a traffic breach like running a red light, proof of the violation counts as proof of negligence. The burden moves to the defendant to establish that they did not cause the injuries to the plaintiff.
Whether a cyclist files a claim against a car driver, or a cyclist himself is sued for causing somebody else injury, negligence can establish the lawsuit’s outcome. Examples of cyclist negligence take in riding the incorrect way on the street, running a red light, and turning instantly into traffic.
Negligent cyclists could be unable to get damages for their injuries in accidents involving vehicles. Such negligence is known as comparative or contributory negligence, which means that the negligence of the cyclist, at least partially, resulted in the accident to occur, and thus resulted in at least some of the injuries of the cyclist.
If a cyclist rode recklessly, and that negligence resulted in somebody else’s injury, the cyclist could be held legally responsible for that individual’s injuries