Determining liability in a bicycle accident case has become a factor that confuses some people. According to reports, nearly 1500 cyclists are injured in an accident yearly. Often, only a handful of cases are pursued in court. The confusion about more significant accident cases rises more regarding laws since bicycles are not considered vehicles in some states.
You must contact an Atlanta bicycle accident attorney to avoid confusion and determine the liability in the case. The victims of a bicycle accident would be required to follow the same traffic laws as other drivers on the road. There are two types of bicycle accident cases that would lead one to assign fault.
- First party bicycle accident
A first-party bicycle accident case assigns liability to a direct entity rather than their employer. In this type of case, if the cyclist got hurt due to a motorist, the motorist would be held liable for the accident.
The motorist would be held liable presumably under the “negligence per se” rule. For legal proceedings, the victim may have to prove some factors to assign fault successfully. This proof mostly requires the victim to establish the defaulter’s duty to ensure the victim’s safety, the defendant’s negligence, the cause of the accident, etc.
The court would determine liability if the victim successfully proves the above-mentioned factors. The victim can also use evidence like medical records, damages, injuries, cause, and violation of the traffic laws by the defendant. It would be more suitable to consult a bicycle accident attorney in Atlanta for smoother and precise operations in the case.
- Third-party bicycle accident
To determine liability in a bicycle accident, the court may consider if the defendant was obligated to superior authorities. If the defendant were an employee following their terms and conditions before the accident, their employer or foremost authorities would be held liable for the accident case.
Similarly, the driver’s employer may be held partially liable if the employer fails to ensure the required conditions for an employee to follow. Although, the employer might not be held responsible if the driver was under alcohol.
The court may hold the alcohol supplier liable they promised the safe commute of the person under the influence of alcohol but failed due to the individual’s negligence or any other factor. These bicycle accident cases may account for liability based on two factors. Still, it would be most helpful for the victim to seek medical help and maintain records of the damages.