Fremont Bicycle Accident Lawyer
A collision between a bicycle and a motor vehicle can lead to debilitating or fatal injuries. These types of collisions often have a devastating impact on cyclists because they lack the same type of protection provided to automobiles.
Many bicycle accidents are caused by negligent drivers or distracted motorists. Negligence can involve driving under the influence, running a stop sign, failing to yield to a cyclist as required by law, and other irresponsible or illegal actions.
If a driver’s negligence led to an injury while you rode your bicycle, your case deserves immediate attention from a seasoned personal injury attorney from Inkelaar Law. Contact an experienced bicycle accident lawyer in Fremont who could aggressively fight to protect your legal rights.
How the “Side-of-the-Road” Rules Could Affect Bicycle Collisions
Bicyclists in Fremont are required to ride on the far right side of the road, or in a bike lane when available if they are not moving as fast as auto traffic. However, bicyclists who obey the “side-of-the-road” rules may still experience traffic accidents such as:
• Being brushed by a passing car
• Hitting the open door of a parked car
• Being struck by a vehicle turning right
Fortunately, other state laws combine with the “side-of-the-road” rules to help protect bicycle riders. A bicycle has as much right to the roadway as a motor vehicle has. A cyclist may ride in the middle of a traffic lane and must be afforded the same rights of way as a car or truck unless a specific law directs otherwise.
If you are not riding at a slower speed as a cyclist than other cars on the road, you must move to the right side of the road or enter a special bike line. Since the law requires bicycles to ride particularly close to cars that are parked—and since the liability principles of driver negligence dictate that an individual should only open a car door when it is reasonably safe to—an accident caused by someone in a parked car opening their door into a bicyclist’s path may be that person’s fault
An exception might exist if there was no traffic at the time, eliminating the need for you to stay on the right side of the road. In this situation, the defendant might argue that you could have avoided the door and therefore were at least partially responsible for the collision. A bicycle accident attorney in Fremont at Inkelaar Law could help you contest such an argument and work to recover damages on your behalf.
Contributory Negligence May Be a Factor in Bicycle Accident Cases
In many bicycle collisions, both parties hold some responsibility. The real issue may come down to how much responsibility each party has for the accident. If you bear 50 percent or more of the responsibility for an accident compared to the motorist, you would be considered chiefly responsible for the accident and would be ineligible to recover damages.
Conversely, if you are less than 50 percent responsible for the accident, you and your bicycle collision lawyer in Fremont may be entitled to recover compensation from the party that is 50 percent or more at fault, according to Nebraska Revised Statutes 25-21, §185.09.
However, you may not have the right to recover as much if you contributed to the crash in any way. In such a case, an insurer or judge would reduce your compensation according to the percentage of fault you bear. Speak to our knowledgeable lawyers to learn more about contributory negligence laws.
Contact a Fremont Bicycle Accident Attorney
Bicycle accident victims often suffer severe injuries such as broken bones and other orthopedic injuries. To make matters worse, insurance companies for the liable party may have a team of attorneys who want to get you the least amount of compensation for your injuries.
A skilled bicycle accident lawyer in Fremont who has extensive experience in dealing with bicycle collision claims could evaluate your case and determine whether you have a claim worth pursuing. Call Inkelaar Law now to schedule a consultation and learn more.