Those New Mexico residents who choose to ride bicycles are likely aware of the many perks that come with pedaling. Bicycling can reduce the need to purchase gasoline, along with being a great form of exercise. And, bicyclists are not limited to roadways and have a greater freedom of motion. However, these perks can come at a cost.
Bicyclists who are involved in accidents with motor vehicle are more susceptible to serious injury. Unlike drivers of motor vehicles, bicyclists lack protection and are extremely vulnerable, making it far more likely that something like a brain or spine injury could occur following an accident. However, different though bicycles may be in many respects to motor vehicles, they follow many of the same rules when it comes to liability.
Both drivers and bicyclists are expected to obey traffic laws. Drivers and bicyclists need to follow what are known as the standards of ordinary care. These standards focus on what a reasonable person with ordinary prudence would do in any given circumstance. This might mean simply obeying traffic laws or paying attention to pedestrians and bicyclists.
Failure to follow these ordinary standards of care may result in a finding of negligence. Both bicyclists and drivers of motor vehicles can be found guilty of negligence. If a bicyclist was riding westbound in an eastbound lane, for example, that bicyclist could be found liable in an accident. If a driver neglects to see a bicyclist on the shoulder and swerves into the bicycle, that driver could be found guilty of negligence.
Pursuing compensation in a bicycle accident case can involve many legal complications. This is why it is often prudent to get more information about personal injury lawsuits.
Source: Find Law, "Bicycle Accidents," Accessed on September 14, 2015