Any time we head out on the roads, we understand that it is the “rules of the road” that have to take precedence. Generally, the rules are determined by the state in which the road exists, as well as the use of ordinary care and common sense. Unfortunately, accidents happen and not always involving only the cars and trucks that use the roadways. There are also pedestrian accidents and bicycle accidents each day of the year, as well.
Negligence is the Issue
Most legal experts know that accidents involving vehicles and cyclists tend to look at many of the same issues as the more traditional vehicular accidents. And as is the case with car and truck accidents, when someone is cycling and involved in an incident they want to know just who is liable for any damages or injuries. After all, someone is usually to blame for any auto accident, and so a bicyclist who suffers injuries, damages, or even their surviving family members if the cyclist is killed, will want to know who is liable.
Most of the time it is a matter of determining if negligence was to blame for the incident. For example, were the drivers of any vehicles behaving in a negligent or even reckless manner and it caused the accident? Was it the bicyclist who was acting in a negligent way, and it led to the incident?
Everyone involved is going to pursue answers, and that means that legal experts should be consulted as soon as possible.
Get Legal Advice Immediately
If you are the cyclist injured in a bicycle accident, or their surviving dependents, you will want to get in touch with an experienced bicycle accident attorney as soon as you can. This is someone who can then get to work helping to determine if there was negligence on the part of any drivers involved in the accident.
What would qualify as driver negligence? That varies according to the state’s laws, but someone who was going over the posted speed limit, using a mobile device, failing to stop at a traffic light or intersection, or even someone who entered a bicycle lane by mistake would be negligent and liable.
However obvious the negligence might seem to the victim, though, they still have to prove that the guilty parties did indeed act in this negligent manner. And this is why an experienced lawyer is your best resource at such times. They will gather the appropriate facts and documents, and make sure that anyone who was negligent is then liable for the damages done.
What if it was the cyclist who was negligent or who caused the accident? Those involved will have to find a way to prove that this is the case. It could be something as simple as a cyclist running a red light or riding against traffic, but there still has to be proof that they did, indeed, do this, and a good bicycle accident attorney is going to be able to find what evidence is needed to make the case.
It is a shame that so many are injured and even killed while bicycling (in 2012 alone there were 726 fatal cycling accidents in the U.S.), and even more so because so many of the incidents could have been avoided. If you have been involved in a bicycle accident, don’t hesitate to get in touch with a skilled attorney. At Heavens Law, you can discuss your case with an experienced professional, at no cost, and discover what your next step should be. Don’t hesitate to seek help after being involved in bicycle accidents of any kind.
- PedBikeInfo.org. Information Center. 2014. http://www.pedbikeinfo.org/data/factsheet_crash.cfm