Bicycle Accidents
A Sarasota or Bradenton bicycle accident will often result in significant and even fatal injuries, especially when a vehicle is involved. Bicycle cases are governed by many of the same rules of the road as automobiles, and thus involve similar issues as a vehicle accident. Bike accident injuries come down to fault. In Florida, the negligence of each party to an accident will be compared and determinative of the amount of damages awarded.
It is always best to consult with a Sarasota Bradenton Bicycle Accident Attorney about your case in order to protect your rights. Harris Law Group offers a free consult by calling 941-366-0860 or toll free 1-888-717-4878. Or you can complete and submit the form below to reach us by email.
Liability Basics
Bicyclist must follow traffic laws. These rules include all traffic rules, as well as the duty to exercise reasonable care toward those on the road.
Fault and Bicycle Accidents
When a bicyclist sues to recover damages for injuries sustained in an accident with a vehicle, the outcome often depends on two questions: 1) Was there fault on the part of the driver who caused the accident and resulting injuries to the bicyclist? 2) Did any comparative fault of the bicyclist cause or contribute to the accident?
Driver Fault
Fault or carelessness by a driver can consist of any of the following:
speeding
running a stop sign
drifting into a bike lane
failure to yield right of way
Bicycle accident claims come down to the specific facts of each case standing on its own merit. Often eyewitnesses and other evidence is necessary to prove fault or carelessness. In any vehicle accident matter, the actions of a driver in violating certain traffic laws may can constitute “negligence per se.” For example, evidence of a speeding violation may count as evidence of fault or negligence.
Bicyclist Fault
Here are some examples of when a bicyclist may be at fault.
riding the wrong way on a one-way street
running a stop sign
turning abruptly into traffic
Careless cyclists may not be allowed to recover damages for injures they suffer in accidents involving cars. Such carelessness is referred to as contributory or comparative negligence – meaning that the cyclist’s negligence, was wholly or partially the cause of the accident. If a bicyclist rode carelessly, and their negligence caused injury to another, the bicyclist may be held responsible for that party’s damages. When children are victims of vehicle collisions, the law holds those drivers to a higher standard of care.
Conclusion
Serious injuries result from accidents between autos and bicycles. This may lead to significant money damage entitlement from the at fault driver. As any accident, a cyclist claim will come down to the issue of fault – specifically, whether the driver’s carelessness caused or contributed to the accident. Most traffic violations (for both automobiles and bicycles) establish negligence.
Our experienced Sarasota Bradenton Florida bicycle accident lawyer, Thomas R. Harris of Harris Law Group recognizes the seriousness of bicyle-vehicle crashes and is aggressive to ensure our clients receive the maximum amount of money compensation they are entitled to. Call today to see if Thomas Harris can help you. Contact us for a free consultation at 941-366-0860 or toll free 1-888-717-4878. We will respond immediately.
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