Negligence is the cause of many vehicle accidents, including those that involve bicycles. When a driver fails to take proper precautions and utilize care in the execution of their driving responsibilities, New Mexico bicyclists can be hurt and even killed. This post will generally discuss negligence in the context of a vehicle-bicycle collision but readers may use it as an informational introduction to the general topic of negligence.
Driving is a responsibility - that is why to legally drive a person must first acquire a license that proves they were able to meet a requisite level of competency to undertake the task of operating a motor vehicle. Once a person has their license, though, there are few checks in place to ensure that every time they get behind the wheel they are using their best judgment and meeting the standard of a reasonable person.
Reasonableness forms the basis of most bicycle accident inquiries. For example, given the circumstances of a bicycle-vehicle crash, a court may assess if the driver acted reasonably when they caused the collision to occur. If it is found that the driver acted unreasonably then that determination may serve as the grounds for a claim of negligence.
Generally, it is reasonable for drivers to check for bicyclists when they are making lane changes, proceeding through intersections and making passes. Just as they must be aware of other automobiles on the road drivers must undertake precautions to be aware of the presence of bicycles. When they fail in this duty then they may become liable for the bicycle accident injuries they cause.
A bicycle accident can be a serious incident. Victims of these preventable collisions should not have to suffer without support. Consultation with personal injury attorneys can be a good way for bicycle accident victims to assess their right and possible legal claims.