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.
- 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 tw
- 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 will include:
- 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.
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