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Can I sue the driver in my bike accident?

Greenbelt, MD Bike Accident Lawyer

Can I sue the driver in my bike accidentAccording to a Greenbelt, MD bike accident lawyer, yes, you can sure the driver in your bike accident if you can prove that the driver was at fault and not you.

If you did happen to be doing something wrong you can still file a lawsuit. Bikers have the same responsibilities on roadways as drivers do to follow the rules of the road. Additionally, bicyclist have special rules aside from drivers. First off bicyclist should wear helmets, however, this is not required for adults. Even though it is not required, a jury can find someone (event an adult) negligent for not wearing a helmet. Furthermore, bicyclist must not violate any laws such as driving on the right side of the road or not having proper reflective gear on during night hours.

As any good Greenbelt, MD bike accident lawyer will tell you, even if these factors were violated, the biker still has the right to sue the other party. However, the percent of the fault placed on the other party will be lower. This means if you were considered by the jury 60% at fault but your recovery awarded was $10,000 than you would only receive 60% of that $10,000.

Other people to sue

There can be many factors that play a role in your bike accident other than just the driver. These sources can include but are not limited to:

  • The bike manufacturer
  • The bike distributor
  • The county or whoever regulates the safety of the roads
  • The owner of the property you were hit on
  • A bike repair shop
  • Any company who sells accessories for your bike
  • The helmet company

Timing

An experienced Greenbelt, MD bike accident lawyer will likely inform you that in a bike accident, adults have exactly two years from when the accident occured to bring a case if the case was related to another person like a driver. If your case is related to  public entity in anyway however, your case needs to be filed within six months of your accident. Additionally, if you have a child killed in a bike accident you will need to file the case in six months.

If your child is involved in a bike accident (but not killed), you will have until that child turns 19 to file your case. This may be a lot of time depending on your child’s age however, it is not wise to wait a long time. The longer you wait, the more evidence will be lost and this will not help your case. The more evidence there is the better off you and your child will be.

Government entities

A skilled Greenbelt, MD bike accident lawyer may also inform you that government entities in bike accidents are related to accidents in which the government in involved in some way. For example if a government is informed of a pothole and they just ignore the complaints and do nothing to fix it but you get hurt on that pothole, you will likely have a case. Some other scenarios related to government entities are;

  • Accumulations of snow or ice
  • Cracked pavement
  • Obstructed or hidden fixtures, i.e fire hydrants
  • Excessively gravelly roads
  • Inadequate signage, for bikes and traffic
  • Poor road design
  • Dangerous intersections
  • Overgrown foliage
  • Inadequate lane markings

Protect your rights after a bike accident by contacting the legal team at Cohen & Cohen. Call today to set up your free consultation with a trusted Greenbelt, MD bike accident lawyer.

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