Determining Liability in Cycling Accident Lawsuits
5 months ago Byram Charity Comments Off on Determining Liability in Cycling Accident Lawsuits
Often, bicyclists aren’t heard entering into crashes either on roads, sidewalks, or other areas. The accidents that are frequently reported involve passengers and commercial vehicles. Due to this, most under-reported incidents transpire with individuals riding bicycles.
These cyclists often wreck into each other, but sometimes the crashes might involve car drivers. After all, anyone can make mistakes in traffic or on the roadways. However, there is a likelihood that the individuals riding bicycles have a higher chance of severe injuries and in worst cases, death. It is, therefore, important that all parties involved that liability is determined so that the offender’s insurer can pay for the damages to the injured individuals.
According to a recent report, nearly two-thirds of all accidents involving cyclists deal with these people only instead of including passenger driver. Keep in mind that of these instances, some factors such as poor decision making, mechanical problems, and dangerous roadway conditions can plague these people. For instance, the roads might contain degraded gravel, potholes, cracks, and other issues that can throw the biker off the bicycle.
Sometimes, more than one-third of the accidents involve other passenger or even commercial vehicles. In some cases, the motorist is at fault. However, the cyclist may occasionally be liable for the injuries and damages associated with the accident. You also need the help of an LA bicycle accident lawyer attorney to understand your legal options.
Factors of vehicles
Compared to hefty and bulky vehicles, lightweight bicycle means that the people riding might suffer more severe injuries and sometimes, death. Actually, it is almost guaranteed that the individual on the bicycle will sustain harm as compared to the person inside the car, bus, truck, or any other automobile.
One of the most important questions revolving around these accidents is whether or not the vehicle drivers should always be blamed for bicycle accidents. But in most cases, the cyclists are considered at fault even when operating within the law. Even when the biker decides to pursue legal action against a driver, they may not have a strong case with a good foundation based on some factors of their claim. Biking in the wrong direction, failure to yield, and other similar circumstances might place the liability of the accident in the hands of the cyclist.
Cycling liability factors
Whenever a cyclist doesn’t have front lights at night, it’s challenging to view them on the roadway or even at the side of the traffic. Most states need a red rear reflector and a functional front light to emit illumination so that other road users can spot the rider and avoid accidents. Even in states that don’t have this requirement, a passenger or commercial vehicle driver might not be held liable for a bicycle accident if your bike doesn’t have the rear reflector or front light.
Establishing liability in accidents involving bicycles and vehicles isn’t easy. Therefore, you need the help of a good bicycle accident attorney.