Bicycle accidents can result in serious injuries, sometimes leading to death. Lawsuits involving bicycles are very similar to that of auto accidents and if the injuries that came out of a bicycle accident was due to negligence, whether it was the car driver’s negligence that caused the cyclist’s injuries or whether the negligence by the cyclist caused or contributed to the accident, make sure to contact an experienced attorney.
Everybody on the road, cyclists and drivers, are obligated to obey the rules of the road, including the responsibility of exercising care in regards to one’s own safety and that of others on the roadways.
When it comes to bicycle accidents, recovering damages for injuries suffered depends on two questions:
- did the negligence on the part of the driver cause the accident and resulting injuries to the bicyclist? and
- did any negligence of the bicyclist cause or contribute to the accident?
There are many different ways a driver can be negligent or reckless, such as speeding, running a stop sign and drifting into the bike lane. In a lawsuit alleging negligence by another person, plaintiffs typically must prove that the defendant acted in a way that violated a duty to care for others on the road.
Accident lawsuits come down to the facts of the specific case which is usually proven through an eyewitness testimony or other evidence such as a speeding ticket at the time of the accident. Every party in an accident could be a contributor to the accident, including cyclists.
Examples of biker negligence include riding the wrong way on a one-way street, running a stop sign and turning abruptly into traffic. Negligent cyclists may not be able to recover damages for injuries they suffer because they are the ones that caused the accident to happen. This is sometimes called contributory or comparative negligence.
If the cyclist caused injury to someone else, he or she may be held liable for that person’s injuries. If you are in a bicycle accident, whether a cyclist or automobile driver, make sure to contact an attorney who can determine the best course of action.