Bikes, like cars and trucks, are allowed on most roads. Bikers must follow traffic rules, and drivers must drive carefully when in the presence of bikers. Lack of proper care will hold both parties liable for road injuries. When a bike accident occurs, how is fault ultimately determined?
Negligence in a Bike Accident
To determine who is liable in a bike accident, the Bike accident attorney in Las Vegas will establish that the person driving the car was negligent and caused the collision. Note that participating in a negligent act does not mean that the person wanted to cause harm. It simply means that you should have known it could cause harm and should have been more careful.
Several items must be proven to show negligence in a bike accident.
- First, the Bike accident attorney in Nevada must prove that the driver owed a duty of care to the biker, and this is often the case because all drivers must take precautions not to injure others on the road.
- Then it must be proven that someone was specifically injured as a result of the accident. If post-crash injuries are shown to be due to pre-existing conditions, then the driver’s liability may be reduced.
- Finally, it must be proven that the injured victim suffered financial damages as a result of the injuries caused by the bike accident. This can be done by submitting copies of medical bills or credit card statements that prove there was a health care expense.
Negligence or Recklessness
First, the Top accident attorney LV must determine the difference between negligence and recklessness. In some cases, recklessness is termed gross negligence. Simply put, the reckless or reckless driver shows a higher level of disregard for the safety of others. For example, gross negligence may be considered if the driver was intoxicated, was speeding despite the presence of road signs, or was driving on the shoulder. Drivers can be considered negligent if they are talking on the phone or have too many passengers in the vehicle at the time of the accident. No matter the age of the driver, according to any Bike crash lawyer in Las Vegas, breaking the law can make a victim’s case stronger.
Bike accidents are not always caused by the lack of attention or recklessness of the driver. In some cases, they occur because the biker does not obey the traffic rules. The rider can also be held at least partially liable for their injuries if the accident occurred at night and the victim was not wearing reflective clothing or did not have reflective equipment on the bike. In some states, the biker riding at night must place a headlamp on the bike. The bike must also have a taillight that can be seen at least 500 feet away. In other states, the biker has reflective tires in addition to the headlight and reflector.
The Defense Claim
If the rider does not comply with state laws, the driver causing the accident can validly claim as a defense that he did not see the person on the bike. Bikers who fail to stop at traffic lights or other traffic signals and are hit by a vehicle, as a result, may also be fully or partially responsible for injuries. Most states require bikes to have enough brakes to stop without slipping. If the bike heads into another lane or makes an unpredictable movement due to brake failure, the rider may be at fault. However, if the brakes fail due to a manufacturing or installation fault, the manufacturer may be liable, if you were to ask a Bicycle accident attorney in Nevada.
Contact a Lawyer
Always be cautious when using a bike. Make sure you comply with all laws related to the use of the bike, and if you have been involved in an accident while riding a bike, contact an experienced Las Vegas bike accident attorney for guidance on your rights and possible causes of action. Legal issues can be complicated and the lawyer will depend on you to provide as much detail as possible. Therefore, the case will only go to trial, if you work with the lawyer to get the right documents in order. The lawyer also has to assemble a team of professional medical witnesses along with a detailed assessment of your damages and injuries. Damages and injuries could include pain and suffering, lost wages, and medical bills. That is why you need a Top accident attorney Las Vegas like Bryan Boyack to guide you through the legal process, but you have to take action now.
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now