BICYCLE ACCIDENT |
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| The Facts |
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The U.S. Census Bureau reports a staggering 10.7 million motor vehicle accidents in the year 2005. That resulted in 2.7 million injuries for the year 2005.
The National Highway Traffic Safety Administration (NHTSA) reports that 103,000 motorcyclists were injured in 2007, making up 4% of the 2.5 million motor vehicle crashes in the nation. About half of these accidents were multivehicle accidents and these numbers are only increasing.
(According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle traffic crashes were the leading cause of death for every age 3 through 35. In the United States, Motor Vehicle Traffic Fatalities were at a staggering number in 2008 at 17, 871 deaths. In 2007, the NHTSA reported that an astounding 67% of those fatalities were young drivers between the ages of 15 and 20 years of age.) |
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Bicyclists Contributing to Bicycle Accidents: |
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- Pedestrians who disrupt traffic by entering the stream of flow
- Pedestrians who fail to follow pedestrian signals and cross walks
- Pedestrians who purposely dash in front of a vehicle
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Drivers Contributing to Bicycle Injury: |
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- Disobeying traffic laws, signals, and speed limits
- Driving under the influence of drugs or alcohol
- Failure to signal while turning
- Failure to yield the right of way
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The Law
Pedestrians and bicyclists have a responsibility to follow reasonable care. Contributory negligence may be a factor in a pedestrian-vehicle collision case if the individual failed to exercise such care, meanwhile contributing to their own injuries.
Individuals operating a vehicle must exercise reasonable care as well as pedestrians; any failure to do so falls into the category of negligence. A driver’s negligence can often lead to bicycle and pedestrian accidents. |
BICYCLE ACCIDENT COMPENSATION |
Bicycle and Pedestrian accident laws are categorized as a type of premises liability. Premises liability cases are otherwise referred to as the accidents that happen to a trespasser or guest, taking place on another’s property.
To recover damages in this kind of case, the victim has to prove knowledge of the dangerous and risky condition by the person or entity controlling the property. The victim has to prove one of the following three factors exist:
- The possessor or owner created the condition
- The possessor or owner knew the condition existed and neglected to correct it
- Regardless of the possessor or owner’s knowledge, the condition existed for such a length of time that it should have been discovered and corrected.
Bicycle & Pedestrian injuries are dangerous and life threatening. If you are a victim of either one of these accidents, Therman Law Offices is here to help you aggressively recover appropriate losses and compensation. |
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