Las Vegas Bicycle Accident Attorney
Recovery for Damages in Bicycle Accidents
The bicycle is one of the most favorite and common vehicles around the world. It is an innocent looking thing that almost every kid has one. However, did you know that this unassuming mode of transportation is responsible for many severe and sometimes fatal injuries? In bicycle accidents that involved automobiles, recovery for damages is the same as an accident involving cars. The liability in lawsuits to recover damages boils down to who was the negligent party. It will be decided on whose actions, or negligence resulted, caused or contributed to the accident.
Bicycle Accident Liability
When it comes to bicycle accidents, cyclist and drivers are obligated to obey the rules. They are expected to follow traffic rules and exercise due care when on the road. In most vehicle accident lawsuits, bicycle accidents are governed by state laws, and often informed by state and local traffic laws.
Negligence in Bicycle Accidents
In cases wherein a cyclist wants to recover damages for injuries incurred during an accident involving an automobile there are two different outcomes.
First, what was the cause of the accident? Was the negligence or recklessness of the driver caused the caused the crash which resulted in the accident?
Second, did the cyclist in any way contributed to the accident or was the cause of the accident?
Negligence or Recklessness of the Driver
Driver negligence or recklessness can happen in many different ways. The driver can be held liable if found that they were speeding, drifting on to a bike lane or running a stop sign. All these actions constitute actions that show negligence and recklessness, especially when done with disregard of the safety of the community.
In cases wherein it is alleged that the other party was negligent, the plaintiff must first show proof that the defendant acted with wanton disregard of the law. The defendant must prove that he did not violate his fundamental duty of care towards the community.
Keep in mind that when it comes to lawsuits on auto accidents, it comes down to each case and proof that the defendant was negligent which can be done through evidence or eyewitness testimony. The behavior of the drivers during the accident can also be considered as negligence per se which means that if the driver ran through a stop sign, or was speeding, those actions can be counted as evidence of negligence on the part of the driver. The driver would then have to prove that he was not responsible for the injuries sustained by the plaintiff.
Negligence of the Cyclist
In the event of an accident, be it the cyclist suing the driver or the cyclist if being sued for his negligence, the cyclist’s actions can define the resolution of the lawsuit. Cyclist negligence is the same as driver negligence. It includes running a stop sign, counter flowing, and turning sharply in traffic.
If found guilty of negligence, the negligent cyclist will be unable to recover damages for any injuries he may have sustained during the accident. This type of neglect on the part of the cyclist if referred to as comparative or contributory negligence, it means the because of the cyclist negligence the accident happened and because of this negligent actions he sustained the injuries. The cyclist will also be held liable if he caused injury or damage to property to another because of his careless actions.
Pedacyclist Fatalities are on the Rise
According to NHTSA 2016 data “In 2016, there were 840 pedalcyclists killed in motor vehicle traffic crashes in the United States, an increase from 829 in 2015. Pedalcyclist deaths accounted for 2.2 percent of all motor vehicle traffic fatalities ” Source: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812507