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Bicyclists are frequently involved in accidents with motor vehicles. The reason for this is that bicycles share the road with cars. Bicyclists have the same rights and responsibilities as motorists while they are traveling on the road. People who ride bikes generally are cautious and do so in a safe manner. They realize that if they do not pay careful attention, they run the risk of being hurt. Unfortunately, people who drive automobiles do not always drive with the same amount of safety. Most bicycle accidents are the fault of the driver of the car and not of the bicyclist. Whenever a bicyclist is injured in an automobile accident, the injuries tend to be much more severe to the bicyclist, and the driver of the car may walk away without a scratch.
Bicycle accidents are much different than collisions involving two motor vehicles. Some of the unique aspects of Oak Lawn bicycle accident cases include the way the accident occurs, the impact, and the injuries sustained. As such, they require different investigations and different preparations for a legal case. It is essential to have a diligent bicycle accident attorney to investigate the facts of collision as soon as possible. The evidence which may be needed may disappear or be unavailable if too much time passes.
The law has a precise definition of what constitutes a bicycle. A bicycle must be self-propelled and not have the assistance of any mechanical device. For example, if a bike has a motor which is powered by gas or battery, that would not be considered a bicycle. It must have two wheels and be self-propelled in order to be considered a bicycle under the law.
If a bicyclist is riding on the road, they are held to the same standards as automobiles. Bike riders must obey the rules of the road. This means that the bicyclist should stop at stop signs, obey railroad crossings, and yield the right-of-way where appropriate. Failure to abide by the rules of the road can result in the bicyclist receiving a traffic ticket.
It can be particularly dangerous to ride a bicycle in certain weather conditions. For example, rain, fog, and snow are all contributing factors which make riding a bike more dangerous. Not only does the weather impact the ability of the bicycle to maneuver safely, but it may also impact motor vehicle drivers and their ability to see or react to the bicycle.
If the weather conditions are less than ideal, an individual should consider leaving their bicycle inside. However, if this is not an option, greater care is required when riding a bicycle in adverse weather conditions. If a bike accident does occur, and the weather is a contributing factor, it can impact the ultimate successful recovery for injuries.
One unique aspect of Oak Lawn bicycle accident cases is that one party does not need to be 100 percent fault. An accident can be a combination of both parties’ fault. In a bicycle accident, it may be largely the fault of the automobile driver, but there may be some fault placed on the bicyclist which is also known as comparative fault. If the bicyclist is partially responsible for causing the accident, they can still make a recovery.
However, if the bicyclist is the major cause of the collision, meaning greater than 50 percent, there will be no recovery for the bicyclist. If the bicyclist is less than 50 percent at fault, their recovery may be reduced due to their contributory negligence, but it does not prohibit a recovery.
Contributory negligence applies to how the accident occurred. Whether someone is wearing a helmet or not does not impact how an accident occurs. Failure to wear a helmet may result in greater injuries, but that does not factor into how the accident occurred. For this reason, whether a person is wearing a helmet or not does not impact contributory negligence. A person can still make a full recovery even if they were not wearing a helmet at the time of the accident.
Bicycle accidents are different than collisions involving two motor vehicles. It is important for a bicycle lawyer to perform a thorough investigation after a crash. How the accident occurred and how the injuries resulted from the crash is often in dispute. It is important to understand the dynamics of a bicycle accident in order to make a proper recovery. How the accident occurred and how the injuries occurred is an important element to prove in any case.
A seasoned bike collision lawyer could help individuals understand the unique aspects of Oak Lawn bicycle accident cases. Call today to get started on your case.