Hutt Law, P.C.
Personal Legal

Bicycle accident victims need legal protection

by | Jun 25, 2021 | Bicycle Accidents

Bicyclists who are involved in accidents with motor vehicle drivers need to know they have rights. Accidents like this may be caused by several factors, such as inattention or being distracted. 

Both vehicle drivers and bicyclists are expected to obey the rules when they are driving or riding. This includes following all traffic laws as spelled out in state and municipal law. They should also be careful of their safety and that of others who are sharing the streets with them. Trucks, cars, buses, commercial vehicles, pedestrians and taxis all share the road. Just a few seconds of inattention may lead to an accident. 

Some municipalities forbid turning right against a red light. Other cities and towns allow this, with road signage telling people when they can turn right on a red light.  

 Where is the legal liability? 

Legal liability rests on the person who violated a traffic law and caused the accident. They may have been speeding or drove into a marked bike lane.  Responding traffic officers would, upon investigation, charge the driver with negligence; if the driver broke a traffic law, ignoring the safety of others on the road, they may be charged with recklessness.  

The bicyclist who was injured by a vehicle driver may be able to file a lawsuit. They should be ready to show proof that the defendant took actions that violated the bicycle rider’s safety.  

Did a vehicle driver’s negligence lead to the accident? 

This is the main question that the injured person, who is the plaintiff, has to answer about the defendant, who is the driver. They and their lawyer will talk about the accident and go through reports taken after the accident. If the driver’s actions violated traffic laws, this may be ruled as “negligence per se,” which may make the plaintiff’s case much stronger. 

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