Bicyclists deserve respect on the road and a duty of other motorists not to cause harm through their negligent actions. Too often, drivers fail to exercise reasonable care around bicyclists, and significant injuries occur as a result. A personal injury action may provide significant compensation to an injured bicyclist in the appropriate circumstances.
A dedicated Middletown bicycle accident lawyer is ready to assist you in fighting for your rights. To discuss the strengths of your claim, schedule a consultation with an experienced attorney at the Law Offices of Doroshow, Pasquale, Krawitz, and Bhaya today.
Potential Causes of Bicycle Accidents in Middletown
When a person’s negligence leads to a serious bicycle crash, the injuries can be quite severe. Investigation of the cause of the crash may determine the party or parties at fault, and who may be liable for money damages to the plaintiff.
Potential causes of a Middletown bike crash include:
- Distracted driving by other motorists
- Poor sidewalk or bike lane conditions
- Driver negligence while changing lanes
- Tailgating by other drivers
- Motorists using bike lanes
- Defective bicycles or bike parts
- Lack of proper road signs or safety equipment
Determining the cause of the bike collision is a critical part of the personal injury process. Ultimately, the plaintiff and their attorney must identify a specific party or parties responsible for the harm to potentially receive compensation.
Bicycle Friendly Delaware Act
As part of the state’s dedication to protecting bicyclists, a state law known as the Bicycle Friendly Delaware Act was signed in 2017. The law provides better protections for bicyclists in Middletown and the rest of the state. Among its many changes, it includes:
- Requirements for bicycle traffic signals as part of DelDOT standards to better protect bicyclists at intersections and other road areas
- Obligations for drivers to change lanes when passing a bicycle to avoid passing too close to a bicyclist
- Restrictions on motorists honking horns at cyclists when passing except in cases of imminent danger
- Clarifications on “where to ride” laws for bikers
- Creation of a special yield at stop sign rules for bicyclists, rather than the requirement for a full stop required of motor vehicles
These changes, and others, operate to better protect the safety interests of bicyclists. If a defendant violates these laws and rules, it can be used as proof of their negligence.
Negligence Per Se in Bicycle Accidents
Negligence is proven when a plaintiff demonstrates that the defendant owed a duty to the plaintiff, and the violation of that duty led to plaintiff’s harm. In negligence per se situations, the plaintiff demonstrates that the defendant violated a law, which establishes the duty and breach elements of the negligence test. This can greatly reduce the burden on the plaintiff in proving a negligence claim. This is only true when the law is designed to protect a person in the class of people the plaintiff belongs to.
Violation of typical laws of the road, as well as those created specially to protect bicyclists in the state, could be the basis for a negligence per se claim. A qualified attorney can help navigate these legal theories.
Contact a Bicycle Crash Attorney in Middletown Today
There are high risks of serious harm in bicycle wrecks. Bicycles offer none of the protection a car does, so cyclist could suffer broken bones, road rash, paralysis, or even fatal injuries in a collision with a much larger vehicle. If your bicycle accident was due to the negligence of another, you have the right to seek legal guidance in pursuing appropriate damages.
Let an experienced Middletown bicycle accident lawyer examine your case and help you pursue compensation. Contact the Law Offices of Doroshow, Pasquale, Krawitz, and Bhaya today.