Bicycle accidents can often lead to serious injuries. The aftermath of these accidents can be devastating, along with piling up medical bills, lost income and emotional distress. What is even more painful is realizing you are suffering because of another person’s negligence. If you have been injured in a bicycle accident due to someone else’s negligence, you can seek compensation to cover your damages. However, navigating the complexities of lawsuits, along with the pain & suffering, can be overwhelming. This is when an experienced bicycle accident lawyer can help fight for your right to justice.
Who is to Be Blamed for bicycle accidents?
When driving on roads, drivers owe a duty of care towards cyclists. The duty of care implies that vehicle drivers must safely operate their vehicles so they do not cause harm to others, including cyclists. Bicycle accidents are unfortunate and can happen anytime, even with the best efforts to avoid them. These accidents often occur due to negligence, meaning one or more parties failed to act in accordance with their duty of care. Consulting an experienced bicycle accident lawyer in Milwaukee can help you seek the compensation you deserve for your damages.
Negligence and Liability in Bicycle Accidents
A driver is considered at fault if they fail to act responsibly, resulting in the accident. These acts can include:
- Failing to give way to cyclists at intersections
- Overspeeding or reckless driving in bike lanes
- Irresponsible or distracted driving, such as talking or texting while driving
- Driving under the influence
- Opening the door into the cyclist‘s path
A cyclist can be found partially or fully at fault under the following conditions:
- Riding against the flow of traffic
- Failing to stop at red signals
- Improper turning or lane changing
- Riding in prohibited areas where bicycles are not allowed
Comparative Negligence and Contributory Negligence
Comparative negligence law is often used to legitimise claims to reduce settlement payouts. However, it is important to understand that every state handles fault in personal injury claims differently. In comparative negligence, if a cyclist is partly at fault, their compensation may be reduced by the percentage of fault. In contributory negligence, if a cyclists in even 1% at fault, they are completely barred from recovery of damages.
Common Causes of Bicycle Accidents
- Distracted Driving: Distracted drivers talking on the phone, texting, or adjusting navigation while driving can lead to accidents.
- Failure to Yield the Right Way: Accidents can occur when a driver or motorists fail to yield the right way in intersections, bike lanes, and crosswalks.
- Dooring Accidents: These accidents can happen when a driver or passenger opens the door without checking for cyclists or pedestrians.
- Overspeeding: Overspeeding and reckless driving have less time to react to cyclists and increase the risks of serious accidents.
Contact MacGillis Law Group, LLC for Legal Help
Bicycle accidents can bring immense physical pain, emotional stress and financial distress, but you don’t have to navigate these complex procedures alone. A skilled bicycle accident attorney at MacGillis Law Group, LLC can help you seek the compensation you deserve for your damages. Contact us for a free consultation and learn more about your legal options. Let us protect you.