While bike accidents are common, bicycle accident lawsuits are not. The majority of the time that a bike injury usually only calls for a self-inflicted fall. However, if someone else is involved — such as a motorist — afterward the bicyclist might not be the person at fault and also a bicycle crash litigation might be necessary.
What Can I Do if I Was Hit by a Car?
Most bicycle accidents usually are brought on by an individual’s mistake and cause minor accidents. However, a bike accident involving a car will probably result in more severe injuries and liability drops upon the negligent party that could lead to a bicycle incident lawsuit.
Drivers have an important duty of care to bicyclists on the street. There’s an elevated duty of care when the cyclist is still a kid. Cyclists also hold some duty of care to drivers, yet this duty greatly reduces for youngsters.
Most bicycle and auto accidents that occur involve kids, unfortunately. To counter this issue, the court puts increased obligation on vehicles working near children. If a person is driving in a place where they are conscious of or they can at least expect with a level of certainty that kids will be present, they have to exercise “odd care” These regions include parks, schools, subdivisions, residential areas, etc.. Some districts have “tender years” statutes that state very young children are unable to show a duty of maintenance and are therefore incapable of contributory negligence.
The expectation of “unusual care” requires drivers to behave above a normal state of awareness and care. The driver can be held accountable, even though he/she satisfied the standard expectations of this responsibility of care when a child is involved in the crash. This isn’t to state a motorist will always be held liable in this occasion, however, the driver will have to show that he exhibited increased attentiveness and caution.
Case in Point:
A cab driver is driving down a Main Street subsequent to all regulations and regulations of the road. He has a customer in his car acting as witness to the subsequent events. The driver looks down in his radio to modify the station. The driver has looked up from his radio, however he does not have enough time to react and the two collide. The motorist is not necessarily in the wrong because he had been following the rules of the road and so fulfilling the expectations of responsibility of care.
Take exactly the identical scenario, however, the driver is driving down a street where a college is becoming out. The motorist is still working under the rules of the street, even driving slower than the proposed speed limit due to the children getting out of school. The driver seems down to change the radio channel. At that identical time, just a small boy illegally crosses the road on his bicycle. The driver appears, but doesn’t have enough time to react. The little boy and the driver collide. Even though the driver was following the rules and working with some unusual care, driving below the speed limit, he will probably still be held responsible for the episode. Because he also took his eyes off the street, he wasn’t displaying increased attentiveness and so not fulfilling the full duties of care.
Who is at Fault — Driver?
Like most other private injuries, accountability falls on the person(s) who displayed negligence. In car-bicycle collisions, shared accountability is more probably the case. At a shared liability situation, both parties exhibited at least some neglect resulting in the collision. The parties have to arbitrate the damages based on each party’s perceived level of liability.
In the event the bicyclist thinks that the driver is to blame, they need to show that the incident occurred because of the driver’s negligence. To do so, the bicyclist Will Have to establish the following argument:
The driver had an obligatory duty of care into this bicyclist, this duty of care is really a set of expectations of how the driver must act to ensure the safety of different individuals on/near the street.
The driver violated this duty of care, even acting somehow to place others at a harmful or potentially harmful position.
This breach of duty of care directly resulted in an accident to happen.
The bicyclists suffered damages from the crash, and there’s tangible proof linking these damages into the collision.
Any violations of the laws of the road are regarded “negligence per se.” Demonstrating the motorist broke the law is sufficient to maintain them at least partially liable for the injury in a motorcycle accident lawsuit. For these particular accidents, there are different ways a motorist could be held liable according to negligence.
A motorist, following the rules over the road, is following a bicyclist later on. The motorist gets annoyed from the bicyclist’s speed and begins to confuse him. The bicyclist does not have any space to move aside but attempts to anyway to allow the competitive driver to maneuver, but in doing so the bicyclist wrecks. Since the driver is close behind he doesn’t have enough time to respond and the bicyclist and the car collide. Even though the driver was following the rules of the street, he did not fulfill the expectations of their duty of maintenance and therefore shown negligence.
The driver may try to show that the bicyclist is at least partially responsible for damages. Bicyclists have a responsibility of care, or an obligation to mitigate any possible accidents. Most districts have legislation and regulations that act as instructions for anybody operating a bicycle. If the driver can show that bicyclist devoting their obligation of care, then they might be able to place liability for damages to the bicyclist and file a bicycle collision lawsuit. It is necessary that bicyclists familiarize themselves with bicycle rules and regulations to prevent breaching their duty of care.
How Do I File A Bicycle Accident Lawsuit?
If you are involved in a bike crash, the very first thing you need to do is be sure that you recognize the accountable party. Utilize the preceding info figure out who’s at fault.
Next, you will want to calculate any damages which you incurred. Use our damages guide that will help you compute any probable damages you may choose to include.
After that, start to accumulate evidence. It is preferable for you to start collecting at least some evidence on the scene of the episode. Use our evidence guide to assist you in the process of collecting all important proof for your case.
Finally, you will need to go for a seasoned bike incident lawyer to help you put together your bike incident lawsuit.
How Can I Choose a Bicycle Accident Lawyer?
You may want to locate an experienced attorney who is devoted to your case. While bicycle accident suits are relatively simple, they are sometimes time-consuming and demand multiple negotiation procedures. You also might want to ensure that your lawyer is readily accessible and that they’ll help keep you up-to-date on your situation.
Some important questions to consider asking before hiring a bicycle Incident attorney:
Do you have experience with bike crash lawsuits? If so, was the outcome?
How do I pay for your services?
Will I be able to contact you during the instance?