Bicycle accidents occur at an ever increasing rate in this country. Bicycle accidents can occur at any time. Whether you are riding your bike across the street or your child is riding around the block, bicycle accidents can happen in an eye blink. The condition of the road and negligent vehicle drivers are two of the leading causes of bicycle accidents.
Basic standard of care: A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is negligence. (CACI 700) The duty to use reasonable care does not require the same amount of caution from drivers and pedestrians. While both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians. (CACI 710)
Many people mistakenly believe that when they get into a bicycle accident it is their fault. This is not true. Cyclists are generally not at fault when they are injured by negligent drivers or hazardous road conditions. Municipal liability is often times the case with these types of injuries. The municipality is responsible for maintaining adequate road conditions and cyclists should not suffer because of municipal negligence in any way, shape, or form.
Children are involved in most bicycle accidents. While it is necessary to wear a helmet while riding a bike, injuries may still occur whether a child has a helmet on or not. If you or your loved one has been injured in an accident, Charles P. Charlton can help you. Call Charles P. Charlton for a free consultation immediately at (310) 651-9906. Dowload our Accident Checklist