Bicycle Accident Law
Bicycle accidents, specifically whenever they involve an automobile, will often result in
injuries that are serious and at times fatal. Filing a bicycle personal
injury lawsuit in order to recover damages for the injuries sustained
in a bicycle accident with an automobile will involve many of the exact
same instances as any automobile accident lawsuit. Determining the liability
for injuries sustained in a bicycle accident, just as with any other type
of vehicle accident, it will come down to negligence. Negligence particularly:
- Whether Or Not the Negligence of the Driver Caused the Bicyclists Injuries
- Whether or Not There Was Any Contributory Negligence Leading To the Proximate
Cause of the Accident by the Bicyclist
The Doan Law Firm is able to help you through all of this, dealing with the insurance companies
and the other party, settling your case and taking it to trial if necessary.
Call us today for a free initial consultation and you never pay a fee
unless we win your case for you. We work on a contingency fee basis and
take a small predetermined percentage from the settlement/verdict once
we’ve won your case. If we don’t win your case you never owe
us a dime.
Bicycle Accident Liability Basics
Motorists and bicyclists alike are obligated to obey the rules of the road.
These rules include not only traffic laws, but also exercising a proper
standard duty of care both in regards to:
- One’s Own Safety on the Roadway
- The Safety of Others on the Roadway
Just like you’ll find in motor vehicle lawsuits, lawsuits governing
bicycle accidents are covered under state laws and will most often be
informed under the local and state traffic laws.
Negligence and Bicycle Accidents
Whenever a bicyclist files a lawsuit to recover damages for their injuries
they suffered in an accident with a motor vehicle the outcome is going
to most often come down to two questions:
- Was There Any Contributory Negligence of the Bicyclist Leading To the Cause
of the Accident?
- Did Recklessness/Negligence of the Motorist Cause the Accident and Result
in the Bicyclists Injuries?
Driver Negligence or Recklessness
There can be many different forms of driver negligence. All the following
instances constitute forms of driver negligence:
- Drifting Into A Bike Lane
- Running a Stop Sign
- Recklessness (If Done With the Known Disregard for the Safety of Others)
In lawsuits that allege negligence by another, the plaintiffs will most
typically be required to prove that the defendant had acted in a way that
violated the duty that they owed to the plaintiff. In a motor vehicle
accident, this means that the motorist violated their standard and basic
duty of care owed to everyone else that is near or on the roadways.
Accident lawsuits will come down to the facts that are specific to the
individual case as well as the ability for the plaintiff to prove negligence
either through eyewitness testimony and/or other types of evidence. However,
in an auto accident case, behaviors which constitute a traffic violation
can also constitute “negligence”. So what exactly does this
mean? It means that if the driver got a citation for something like speeding
at the time the accident occurred, the evidence of the driver speeding
can count as evidence of negligence. At that point the burden will then
shift to the defendant to prove that they didn’t cause the injuries
to the plaintiff.
Whether or not a bicyclist sues a motorist or a bicyclist is sued for causing
an injury to someone else, bicyclist negligence is something that can
help to determine the outcome of the lawsuit. Examples of bicyclist negligence
- Running a Stop Sign
- Riding the Wrong Way onto a One Way Street
- Turning Into Traffic Abruptly
If the bicyclist is determined to be negligent for the accident they may
be unable to recover damages for any injuries that they sustained in an
accident involving a motor vehicle. This type of negligence is called
comparative or contributory negligence. This means that the bicyclist’s
negligence is, at least partly, responsible for the accident and caused
the injuries to the bicyclist. If the bicyclist rode in a negligent manner
and that negligence lead to the injury of another party, then the bicyclist
can be held liable for the injuries of the other party.
Contact The Doan Law Firm
Accidents that involve automobiles and bicycles will quite often involve
injuries that are very serious and can therefore result in liabilities
that are quite large. Like lawsuits that involve other types of vehicle
accidents, bicycle accident lawsuits are most often going to come down
specifically to the issue of negligence, meaning:
- Whether Or Not the Accident Was Caused By the Negligence of the Driver
- Whether Or Not the Bicyclist Contributed To or Caused the Accident
Many types of traffic violations (whether they’re for motorists or
bicycles) may help to/establish negligence. Call The Doan Law Firm today for a
free initial consultation. Your bicycle
personal injury lawyer will be able to walk you through all of the steps in the process
and help you establish the facts necessary to properly present your case.
We’re available to take your call 24/7/365, no matter the time of
day or holiday, be it Thanksgiving or New Year’s Eve. Call now at:
(800) 349-0000. We look forward to speaking with you.