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Duty and breach in New Mexico bicycle accidents

This blog has previously discussed the general concept of negligence with regard to traffic accidents. We touched on the basic elements of a negligence action in relation to motorcycle accidents last week. The same elements, however, also apply to other potential accident cases, including those involving bicycle riders. These cases have some similarities to motorcycle accidents, given the fact that bicycles also provide little protection to a rider, other than any personal protection gear worn, in case of a collision. Further, injuries in accidents involving bicycles and motor vehicles can cause major injuries, from broken bones, to head trauma to internal bleeding.

The first elements we touched on with regard to negligence were duty and breach. For an individual to recover damages under a negligence theory, he or she will have to show that the responsible party had a duty to behave in a certain way vis-à-vis the victim, and failed to do so. In general, people operating vehicles on public thoroughfares are expected to follow the rules of the road and be reasonable in dealing with other vehicles and pedestrians they may encounter.

This reasonableness extends to being aware that bicyclists may be present on the road, and that they often are restricted in terms of the speed at which they can travel, and paths they can safely navigate. Also, a reasonable driver should understand that bicycles may not be easily seen, due to their small silhouettes, and that they may behave unpredictably at times, especially if ridden by children.

Basically, New Mexico drivers have a duty to take those precautions a reasonable person would take to avoid creating a situation that could lead to a bicycle accident. Those who have been injured in such crashes may wish to consider contacting an experienced attorney to explore their legal options.

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Post Type: Topical

Anchor Text: bicycle accident

Keywords: broken bones

Primary Target URL: http://www.thejaffelawfirm.com/Practice-Areas/Personal-Injury.shtml

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