The specific circumstances of the accident, the actions of the individuals involved, and the injuries sustained determine a victim’s eligibility for compensation and their likelihood of winning their case. Continue reading to learn more about bike accident injury claims, and who to talk to for answers you can trust.
Bicycling Rules and Rights
Bicyclists are protected by local and state law, and have rights on the road just like drivers and pedestrians. Not all roads allow bikers and pedestrians, but on roads that do, everyone is expected to obey the rules of the road and each other. This includes bikers, walkers, joggers, and drivers alike. Negligent accidents happen to bicyclists when drivers are distracted, careless, or under the influence. Driver carelessness is one of the main causes for bicycle accident injuries in America. People injured on a bicycle by a negligent driver has a good chance of winning a case against them for their injuries and damages. Again, it is vital to hire a respected personal injury lawyer for professional legal guidance and counsel.
There are several circumstances that involve or cause bicycle accidents. For example, if park administrators fail to post signs for speed limits, or assign proper bicycle paths, they can be held accountable for injuries sustained by a biker for those specific causes. If a person is driving under the influence of drugs or alcohol, and injures a bike rider, their Breathalyzer and sobriety tests can be used as irrefutable evidence against them in a court of law.
Although bicycle riders are often injured by negligent drivers, there are cases in which the biker themselves is responsible for their injuries or accidents. For example, if a person is riding their bicycle in the dark without proper reflective lighting or apparel, they may not have a strong case against a driver that hits or injures them. It can be pointed out by opposing counsel that the biker was not using responsible judgment by riding their bike at night without appropriate gear. If the biker was under the influence themselves at the time of the accident, it can also be used against their case in a court of law. So long as the bike rider was obeying all the rules of the road and all traffic laws, they will most likely not be considered a negligent party in an accident injury case.