Proving Your Bike Accident Case
In 2011, the National Highway Traffic Safety Administration reported 677 cyclist deaths that occurred due to crashes with motor vehicles along with 48,000 injuries caused from such crashes. In fact, cyclist deaths made up 2% of motor vehicle fatalities for 2011. These statistics show a 9% rise compared to 2010.
Basics of Bicycle Accident Liability
Bicycle accident cases are governed by the law of the state as well as local traffic rules. There are two basic aspects to claiming compensation for a bicycle accident. The first is to prove negligence or recklessness by the driver of the motor vehicle, and the other is to establish that there is not any negligence on the part of the cyclist which could have resulted in the accident.
- Negligence of motor vehicle driver: This can happen in many ways – running red lights, driving in the biker’s lane or even recklessness from speeding, drunken driving or being under the influence of drugs. A case of negligence should be handled by an auto accident injury attorney who will be able to show how the basic responsibility of every motorist – that of ensuring the safety of others when on the road – has been violated. The lawyer will also work on specific aspects of the case – for example, behavior prior to the accident can be important in such situations. If the motorist was given a ticket for speeding before the accident, then this will require that he prove that his speeding did not result in extensive injuries to the claimant.
- Negligence by cyclist: This possibility involves using the wrong lane, abruptly moving into the wrong lane, not following the rules of the road, among other things. In such cases, the cyclist will not be able to claim compensation since he will be held equally responsible for the accident.
In cases where children are involved in the bike accident, the responsibility is entirely on the motor vehicle driver.
In cases of bicycle accident injuries, it is important to have an experienced Indiana injury attorney on your side. Often these cases come down to proving negligence and are as applicable as follows:
- Driving/riding under the influence
- Lack of reflective clothing at night for cyclists
- Talking or texting on the phone
- Tinted windows on cars
It is important to speak to an injury lawyer as soon as you are able to describe as much of the accident as possible. This can make a world of difference as to how the case proceeds. If you would like an evaluation of your case and some professional advice, the bicycle injury attorneys of Wagner Reese offer free consultations. Contact us now for your appointment.