How To Increase Chance For Winning Case If Bicycle Hit By Automobile?

Bicycle riders must follow certain rules. Those that have chosen to ignore such rules could lose out on their chances for compensation, after colliding with a motorist, and filing a personal injury lawsuit.

Traffic Laws that pertain to bike riders

Always travel on the right side of the road, staying as close to the curb as possible. When passing a motorist, remain at an acceptable distance; the guidelines issued by the state should indicate the length of that distance.

Follow the rules of the road. Obey all road signs and all traffic signals. Bicycles do not have turn signals, but the riders do have the ability to signal with their arm movements. Understand the consequences that could face any bicyclist that has chosen to violate the rules of the road.

If a bicycle rider’s actions have caused an accident, and if those actions have qualified as a violation of the rules of the road, then the same rider could be found guilty of negligence per se. In that case, the rider’s only hope for a win in a personal injury case would entail proving that the collision had not forced the motorist to undergo measurable losses.

Personal injury lawyer in Mississauga usually finds it hard to offer evidence of a breach of duty. In the past, motorists’ standard defense has been that they did not see the figure on the bike.

Helmet laws

Not every state has a helmet law that pertains to those traveling on a bicycle. In the score or so states that do have such laws, those under the age of 18 are expected to wear the proper headgear, when riding a bike.

Some states allow cities and towns to pass their own regulations, concerning the need to use headgear, when traveling on a bicycle. Some of those cities and towns have chosen to mandate use of helmets by both children and adults, during any attempt to travel on a bicycle.

Enforcement of regulations that concern headgear

In places where both children and adults must don headgear, a child does not face the same penalties as an adult. Still, in the event of an injury to a helmet-lacking child, as the result of a bike-auto collision, it could prove difficult to win the desired compensation. The motorist could use the standard defense: He or she had been unable to see the person that was riding the unmotorized, 2-wheeled form of transportation.

Of course, the helmet’s absence could not be pointed to as the reason for an injury to a rider’s arm or leg. So, a personal injury lawyer should be able to win some compensation, if the bike-car collision had caused the child’s arm or leg injury.

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