Bicycling accidents can result in severe or even fatal injuries, and injury suits involve most of the same factors of any auto accident suit. Bike accident liability usually is a matter of negligence, be it on the part of the driver or the cyclist. This article will explain bike accident law in greater detail.
The Basics of Accident Liability
Drivers and cyclists have a duty to obey all traffic laws, and they must exercise care in regards to their own safety and that of other motorists. Like other accident cases, bike accident lawsuits are governed by state and local traffic laws.
Bicycle Accidents and Negligence
When an injured cyclist attempts to recover damages for their injuries, the outcome often depends on the answers to these questions:
• Did recklessness or negligence on the driver’s part cause the accident and injuries?
• Did the bicyclist’s negligence contribute to or cause the accident?
Driver Recklessness or Negligence
Driver negligence can take various forms, such as speeding or running stop signs. In a negligence suit, plaintiffs must prove that a defendant acted in violation of the duty of ordinary care. These suits come down to case-specific facts, and the ability of bicycle injury attorneys in Phoenix, AZ to prove negligence through a preponderance of the evidence. If a driver is ticketed for speeding, the ticket is evidence of their negligent acts.
Cyclist Negligence
When a cyclist files a lawsuit, or they’re facing a suit themselves, their negligence can determine the case’s outcome. Examples of negligence include running stop signs, making abrupt turns into traffic and riding down one-way streets in the wrong direction. A negligent cyclist may not be able to recover any damages from a collision, and if they caused someone else injury, they could be sued.
Accidents involving bicycles and cars can involve injuries and significant liability. Bike accident suits often hinge on whether a cyclist or a driver was negligent, and determining negligence can be difficult. If someone is in a bicycle accident and they’ve suffered injuries because of someone else’s negligence, they should call bicycle injury attorneys in Phoenix, AZ with Garrison Law Firm for protection of their legal rights.
