Personal Injury: Injured in a Bicycle Accident
A Bicycle accident can be serious business. Injuries can range from minor to serious to fatal and legal action to recover damages involves a lot of the same issues as a lawsuit involving any auto accident lawsuit. As with automobiles, liability for bike accident injuries often comes down to negligence — whether the car driver’s negligence caused the bicyclist’s injuries, and this is important, whether any negligence by the cyclist caused or contributed to the accident. It may sound like common sense, but Both the Cyclist and driver have to obey the traffic laws. These include the duty to exercise ordinary care in regards to one’s own safety and that of others on the road. Like car accident lawsuits, bicycle accident lawsuits are governed by state and local laws.
If you are a cyclist suing to recover damages for injuries suffered in an accident with a car, here are two very important questions: Did negligence on the part of the driver cause the accident and your injuries? OR Did your negligence cause or contribute to the accident?
Now, Negligence by a driver can take many forms. Speeding, running a stop sign, drifting into a bike lane all constitute driver negligence, or even recklessness if done with knowing disregard for the safety of others. In a negligence lawsuit, a plaintiff typically must prove that the defendant acted in a way that violated a duty owed to the plaintiff. In auto accident cases, this means violating the basic duty of care owed to everyone else on or near the roadways.
Accident lawsuits come down to facts specific to the individual case, and often the ability of the plaintiff to prove negligence through eyewitness testimony or other evidence. In car accident cases, however, behaviors which constitute traffic violations can constitute “negligence per se.” This means that if a driver was cited for a violation such as speeding at the time of the accident, evidence of the speeding violation counts as evidence of negligence. The burden then shifts to the defendant to prove that he or she didn’t cause the plaintiff’s injuries.
In accident cases involving children on bicycles, courts hold drivers to a higher standard. Remember, Accidents involving automobiles and bicycles can involve serious injuries and large liabilities. Bicycle accident lawsuits often come down to whether the driver or the cyclist negligently caused or contributed to the accident. This negligence determination can be a complex and require in-depth analysis.
If you or a loved one has been in a bike accident, call (US) Harold Ehrenberg today. Knowing your rights is the first step in protecting them. Call or visit right now. Harold The Lawyer.com
Knowing your rights is the first step in protecting them. If you or a loved one has been in a bike accident, call us today.