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An Overview of Bicycle Accident Liability

An Overview of Bicycle Accident Liability

An Overview of Bicycle Accident Liability

Over 700 people were killed across the nation in bicycle accidents in 2012. This number doesn't come close to the 4,743 pedestrian fatalities that occurred in the same year, but bicycle accidents remain a concern for public safety in the United States.

After a serious accident, investigators will ask, " Who is at fault?" - especially if the collision involved a motor vehicle. Two factors determine liability in a bicycle-car accident:

  • Did the motorist contribute to the accident?
  • Did the bicycles contribute to the accident?
  • Are both parties responsible for the accident?

For example, if the motorist was speeding, he / she could be partially liable for the incident. If the cyclist failed to use the appropriate lane, he / she might be responsible.

Types of Motorist Negligence

Driver negligence can manifest itself in many ways. Speeding is one of the most common forms of reckless driving, followed by texting behind the wheel. Running a red light, rolling through a stop sign or failing to signal can lead to an accident as well.

If the driver was wholly responsible for the bicyclist's injuries, the driver could be held liable for financial compensation. In order to prove negligence, the bicyclist must demonstrate that the driver committed a traffic violence that was negligent. Without negligence, the motorist cannot be held accountable for the accident.

Bicyclist Negligence

Negligence determines the outcome of a bicycle accident lawsuit. for instance, the bicycles might be held accountable for any injuries related to the accident if he / she was riding against the flow of traffic. Additionally, bicyclists are required to adhere to stop signs and traffic signals. If a cyclist runs a stop sign, he /she could be considered negligent, just like a motorist.

What if both parties are responsible?

Personal injury lawsuits can be complicated. Often, both parties are somewhat responsible for the accident. This is called contributory or comparative negligence. If the plaintiff is partially responsible for the accident, he /she may not be eligible to collect compensation for 100% of his damages – only for the damages caused by the defendant.

According to Texas Law, the plaintiff can only sue if the defendant's contribution to the accident is greater. If the defendant is mostly responsible for the accident, the plaintiff's compensation will be diminished proportionately to his / her liability.

What to Do After an Accident

If you suffered an injury in an avoidable accident, you have the right to seek financial compensation for your damages. At The Daspit Law Firm, we are committed to helping the wrongfully injured seek and recover the money that they need and deserve after a serious accident. When you work with us, you can have confidence that we will exhaust every available resource to fight for the money that you deserve. Call our office today and ask for a free, no-obligation consultation.