Bicycle accidents often result in severe injuries and even fatalities. Although cyclists can be at fault, motorists should exercise extra vigilance because cyclists have significantly fewer safety features.
Determining negligence in bicycle accidents can be challenging. Bicycle accidents involve several variables, such as child accident liability and other resources relating to bicycle accidents and the law.
This article explains liability fundamentals, tips, and strategies for staying safe when cycling.
According to the National Highway Traffic Safety Administration (NHTSA), nearly 850 cyclists were killed and an estimated 49,000 were injured in the United States in road accidents in 2019.
Immediate post-accident actions could significantly affect whether you receive full compensation for your accident-related losses.
To protect your rights, seek immediate medical attention and consult with an attorney. If you have been in a bicycle accident and are seeking an attorney or more information about your options, visit us.
However, before an attorney can safeguard your rights, you must ensure the following:
* Get medical attention;
* File a police report;
* Gather evidence;
* Contact your insurance company
Both drivers and cyclists must follow road regulations. These regulations include traffic laws and the obligation to drive safely for oneself and other road users. Depending on the state laws, the involved parties would have to establish negligence to claim compensation. Negligence in bicycle cases can take many forms.
Plaintiffs often need to demonstrate the defendant’s actions violated a duty due to them to prevail in a lawsuit. Traffic infractions can be considered “negligence per se” in car accidents. This means proof of a driver’s traffic infraction counts as evidence of negligence if the driver was cited for the infraction at the time of the accident. After that, the defendant must demonstrate that they are not to blame for the plaintiff’s injuries.
Negligent cyclists may not be able to receive compensation for injuries they sustain in collisions with vehicles. It is possible to present evidence of the cyclist’s negligence to demonstrate contributory or comparative fault on their part.
Instances in which the rider injured someone else may also be used to introduce it. Similar to when a driver is at fault, a cyclist’s negligence will often be established by their failure to obey traffic laws.
Children are expected to exercise less caution when riding a bicycle than adults. This is particularly true if the driver is aware of or reasonably anticipates the presence of youngsters. The motorist must take extra precautions if they spot kids or are driving in an area where kids congregate, like a school, park, or residential area.
To decrease traffic fatalities and injuries, the NHTSA has provided bicycle safety initiatives emphasizing safer decisions from drivers and cyclists. Some of the safety precautions are:
*Use a brightly colored helmet;
* Wear reflective protective gears;
* Consider the weather conditions;
* Ride in the bicycle buffer zone;
* Ensure proper size and function of bicycle
* Follow the rules of the road
* Stay focused
* Stay alert
The buffered area surrounding the bike lane, known as a bicycle buffer zone, widens the gap between bicycles and moving or parked vehicles. To indicate the nearby bike lane, these are typically marked with painted stripes and occasionally pictures of bicycles on the pavement.
Cycling in buffer zones is safer because it keeps riders from being next to moving traffic. Bikes can also safely avoid the “door zone” of drivers opening their doors in parked automobiles and hurting bike riders. As a result, a larger spectrum of riders finds commuting by bike safer and more appealing.
Speak with a lawyer if you’ve been hurt in a car-bicycle collision. A lawyer can assist you in determining who is liable for your losses and how to pursue financial compensation. If the insurance company doesn’t settle your claim fairly, a lawyer can represent you in court, guide you through the insurance claim procedure and assist you in negotiating a settlement.
Content provided by The Weekly Driver News Service and additional news sources.