In regards to bike accidents, a tradition in most countries is to tie a damaged bike to the side of a road where it had met an accident. Famously known as the ‘Ghost Bike’, this skeletal image stands to remind bikers and other drivers of the grave consequences of speeding and being reckless on the road. The mere sight of a ghost bike should be enough to give us an idea of the pain and suffering families and friends go through as a result of such an accident.
Driver negligence in a bike accident
In the aftermath of a cycle accident, one of the most important questions is to determine what caused it because the answer to this lays ground for the decision made on a bike injury lawsuit. There are two main causes of a bike-automobile accident, provided technical issues with the vehicles are kept aside.
- Negligence of the driver of the automobile
- Negligence of the biker
Both the above causes can lead to starkly different results when a bike injury lawyer reviews a case. Therefore, it is very necessary to determine which of the above was the cause of the clash.
Negligence of the driver of the automobile
More than half of the bike accidents witnessed are a result of the driver’s negligence. Such negligence may revolve around speeding, taking a wrong turn, changing lanes without watching out for bikers in the rear view mirror or violating the allowance of carry-able weight. No matter what the case, the driver of the vehicle is responsible for providing compensation for all kinds of damages incurred even medical expenses.
The next step in this scenario is collecting evidence. For instance, in the case of over speeding, evidence such as maximum speed limit of the road on which the accident occurred is substantial proof. Apart from this, forensic evidence and eyewitness interviews are essential to determine what exactly happened.
Negligence of the biker
Even though violating speed limits is not the predominant cause of concern with bikers, staying in the cycling lane and following traffic laws is. If the evidence points towards negligence of the cyclist, he will not be worthy of any compensation from the driver and will be personally responsible for his own injuries. If this is the case, such negligence is called ‘contributory or comparative’ negligence and has become an alarming trend in young bikers who enjoy the thrill of breaking rules.
In either of the cases highlighted above, hiring a biker injury lawyer is a must. Road accidents are serious and can lead to many unseen complications which are best dealt with experienced attorneys.