Bicycle accidents are different from collisions involving other types of vehicles because the injuries to bicyclists can be extremely severe because they have less protection in collisions. Oftentimes, bicyclists suffer broken bones, head trauma, and injuries to mouth and face that are not common in other accidents. Surgeries also are common in bicycle accidents.
In addition to the severity of the injuries, there are other unique aspects of Glastonbury bicycle accident cases. A skilled attorney could guide an injured bicyclist through the legal complexities of a bike wreck claim.
Factors that Commonly Lead to Biking Accidents
One of the particular aspects that make Glastonbury bike accident cases unique is how they occur. Bicycle wrecks may happen more frequently than pedestrian accidents because cyclists typically travel in the road alongside other motorists. Additionally, distracted driving increases the chance of an accident, because if a driver swerves a little bit off the road and a cyclist happens to be there, it can result in a fatality.
A bicyclist may be able to protect themselves from getting involved in an accident by keeping a proper lookout and staying alert. Cyclists should also wear reflective gear and be aware of any potential adverse weather conditions.
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Comparative Negligence
Liability is calculated after a judge, a jury, or an arbitrator reviews the circumstances of a case. If there is arbitration, they would look at all the facts and evidence and then assign liability to one or more of the parties involved.
Glastonbury is a modified contributory negligence jurisdiction. If a person is negligent, they can recover, so long as they are not more than 51 percent at fault. Any contributory negligence above 49 percent gets reduced. Therefore, if a bicyclist is found to be 20 percent at fault for their accident, they can then recover 80 percent of their damages. Another unique aspect to bike accidents in Glastonbury is that contributory negligence does not apply to helmets under state law.
Bike Accidents and Weather Conditions
Some weather conditions make riding a bike unsafe, and therefore, may result in a crash. Snow, rain, and ice can be dangerous, and fog can decrease visibility. In poor weather conditions, a driver has to be operating reasonably for the weather.
If they hit a cyclist because they fail to adjust to those conditions, they may be liable. Bicyclists are required to obey the same traffic laws as others on the road. Therefore, they must operate with caution when riding in inclement weather as well.
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Let a Glastonbury Attorney Guide You through the Unique Aspects of a Bike Accident Claim
Because the unique aspects of Glastonbury bicycle accident cases can make these claims harder to litigate, an attorney must consider the various dynamics of the collision. They do this by putting themselves in the shoes of the cyclist and recreating what happened through an investigation. This may involve talking with witnesses, looking at police reports, and speaking with the injured cyclist. To get help on your claim, schedule a consultation with an attorney today.
