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.

Negligence particularly:

• 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

o questions:

• 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
• Speeding
• 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.

Cyclist Negligence

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.