If you are suffering from an injury sustained in a bicycle accident or you are a pedestrian who has been injured in accident contact us today. At the law office of Andrew R. Lynch, P.C. we cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.
You need an attorney who will focus on protecting your rights and maximizing the value of your case while you focus on healing. At the law office of Andrew R. Lynch, P.C. our job is to look out for your interests and fight to get you full monetary compensation for your injuries.
Particularly when they involve an automobile, bicycle accidents can result in serious and sometimes fatal injuries. Lawsuits for injuries sustained in bicycle/automobile collisions involve many of the same issues as any auto accident lawsuit. Liability often comes down to whether the automobile driver’s negligence caused the cyclist’s injuries, or whether any negligence by the cyclist caused or contributed to the accident.
Bicycle Accident Liability Basics
Bicyclists and drivers are obligated to obey the rules of the road. These rules include traffic laws, as well as the duty to exercise ordinary care in regards to one’s own safety and that of others on the roadways. Like other vehicle accident lawsuits, bicycle accident lawsuits are governed by state law, and often informed by state and local traffic laws.
Negligence and Bicycle Accidents
When a cyclist sues to recover damages for injuries suffered in an accident with an automobile, the outcome often depends on two questions:
- Did negligence (or recklessness) on the part of the driver cause the accident and resulting injuries to the bicyclist?
- Did any negligence of the bicyclist cause or contribute to the accident?
Driver Negligence or Recklessness
Negligence by a driver can take many forms. For example; speeding, inattention to the road, running a stop sign, and drifting into a bike lane can all constitute driver negligence. Such actions can even be considered reckless if done with knowing disregard for the safety of others.
In a lawsuit alleging negligence by another person, plaintiffs must typically prove that the defendant acted in a way that violated a duty owed to the plaintiff. In auto accident cases, this means violating the basic duty of care owed to everyone else on or near the roadways.
Whether a cyclist sues a driver, or a cyclist is sued for causing someone else injury, cyclist negligence can determine the outcome of the lawsuit. Examples of cyclist negligence include riding the wrong way on a one-way street, running a stop sign, and turning abruptly into traffic.
Negligent cyclists may be unable to recover damages for injures they suffer in accidents involving cars. Such negligence is called contributory or comparative negligence – meaning that the cyclist’s negligence, at least in part, caused the accident to happen, and caused some of the cyclist’s injuries. If a cyclist rode negligently, and that negligence caused injury to someone else, the cyclist may be held liable for that person’s injuries.
In accident cases involving children on bicycles, courts hold drivers to a higher standard.
At the law office of Andrew R. Lynch, P.C., we believe your case should be prepared to for trial. We have found that putting this hard work into your case puts us in position to get you the best outcome possible.
We cannot promise you an outcome or predict the future, but if an outcome is possible we will work with you to make it a reality.
Please contact the office of Andrew R. Lynch, P.C., located in downtown Decatur, inside the greater Atlanta Metropolitan area, today for a free consultation.