Bicyclists are held to the same standard as a driver of a car in the eyes of the law. If a person is traveling on the roadways, they are held to the traffic laws. Police officers enforce these laws, requiring the person to go to traffic court.
A person on a bicycle can receive a reckless or careless driving ticket, or a DUI on a bicycle because they are held to the same standard as a driver of a car. When it comes injuries, however, there is a difference. A person on a bicycle does not have the same protections that a vehicle affords, such as frames in the body and airbags.
To understand the further dynamics present in your Aurora bicycle accident, it is pertinent to contact an attorney immediately. An Aurora bicycle accident lawyer can build a case to help maximize any potential compensation you may be owed.
Enforcing Bicycle Standards
The standards a bicyclist is held to are enforced by law, often by police officers patrolling the area that enforce regular traffic laws. These officers will issue traffic citations. After receiving a citation, the person must pay a fine or go to court and plead their case just as they would if they received a citation for operating a motor vehicle. This is a crucial dynamic to consider when pursuing an Aurora bicycle accident claim.
Classification of a Bicycle
Bicycles, in most situations, are classified as motor vehicles. Obviously, there is no motor and that is a differentiation. However, with respect to the classification as to how the law applies, it is the same because bicyclists are afforded the same rights of the roadway and they have to follow the same duties as well.
Although there is a legal differentiation as to the type of vehicle (especially because a bicycle does not have an actual motor), they are expected to follow the same laws and duties. However, the slight differences can account for some of the specific dynamics of an Aurora bicycle accident.
Comparative negligence is one dynamic because bicyclists often think that they are not held to the same standard as drivers of motor vehicles. Whether it is an actual claim that can be supported or just a frivolous argument, it is definitely part of a bicycle accident case.
If there are bicyclists on the road, weaving in and out, squeezing into certain places, a defense attorney will paint a picture of the bicyclists darting out in front of the vehicle, going against traffic, or coming out of nowhere between two parked cars. These things are not said about people driving cars, and juries will buy into it. They have seen bicyclists swerving and darting out. It is a picture that can be painted, even if it is not true.
Lack of Physical Evidence
The other dynamics are a higher likelihood that a person involved in a bicycle accident would not have the same high-quality physical evidence that they would in a motor vehicle accident case. That means, two motor vehicles getting into an accident would have damage to both vehicles and there would be experts to testify, just by looking at the pictures of the damages. If the person was on a bicycle, it is just their body that is injured and no property damage, making it hard to assess the impact and know the severity.
A car is not going to suffer severe damage by a human, depending on the impact. Bicycles are brittle and can bounce. Sometimes there is a significant impact that does not damage the bicycle while minor impacts can snap them in half; it depends on the bicycle. A person on a bicycle does not have the same options as one would in a motor vehicle accident.
Role of an Attorney
With respect to the injured bicyclist, a personal injury attorney understands that juries are often unfair to people who are hurt while legally riding on the road. The public sees bicyclists as a nuisance when they are trying to drive their cars to get around bicyclists. This is a dynamic of an Aurora bicycle accident that lawyers recognize as a bias.
It is important to clearly and effectively communicate that bias and/or the bicyclist’s perspective in the case. If the case is going all the way to trial, the attorney needs the jury to understand where the bicyclist is coming from and try to get it out of their heads that they are annoyed by bicyclists on the road.
A personal injury attorney understands that a lot of bicyclists on the road are not just casual riders going for a joyride or traveling a mile. They may be competitive racers, or ride professionally. Personal injury attorneys understand that it might be the bicyclist’s main mode of transportation, especially in Aurora. These are elements to think about when talking about loss of enjoyment of life.
Personal injury attorneys understand that depending on how a person uses their bicycle and what they use it for, the severity of the case can increase. An attorney must consider all relevant dynamics of an Aurora bicycle accident when building a case.