McKinney Bicycle Accidents Involving Bad Weather
Biking is becoming an increasingly popular mode of transportation for many. Since bicyclist must share the roadways with motor vehicles, they have a high risk of getting into an accident. Risk of injury may be increased if the accident has taken place during hazardous weather conditions. If you have been injured in an accident involving inclement weather, you still have legal options.
A McKinney bicycle accidents involving bad weather lawyer could help you seek compensation for the injuries and damages you may have sustained. A well-versed bicycle accident attorney could help you understand all your legal options and help you make the best decision regarding your situation.
Hazardous Weather Conditions Impact on Roads
Dangerous weather conditions could make riding a bicycle unsafe. This is because tires are relatively thin, and the faster the individual rides on a bike, the less traction there is for the rubber on their tire, even in fair weather conditions. That factor is then compounded when there is rain, sleet, snow, or ice.
The bicycle may not even be touching the road, and if it is, it is very limited. If a bicyclist ventures onto an icy road, they are far likelier to be injured than in dry weather. Plus, it is that much harder for the bicyclist to be seen if it is raining, compounding the reduced stability of the bike. This is why riding in poor weather conditions should be avoided.
A jury could consider a bicyclist’s liability if they are in an accident in poor weather. Specifically, the jury may consider the bicyclist partially liable for riding in such bad weather conditions. The jury will be asked to determine if the individuals in the case were negligent. Negligence is defined in Texas law as an act or omission that stems from the failure to use ordinary care under the same or similar circumstances. This means that the jury or judge will have to consider whether a reasonable person in the same or similar circumstance would make the same or safest decision.
That rule applies not only to the motorist on the road, but the bicyclist as well. So if a bicyclist was not making safe choices, that is a factor the jury will consider when assigning fault or responsibility. This can reduce the damages the bicyclist could recover in an accident caused by bad weather. It is best to speak to a McKinney lawyer to understand more about how liability is assigned for bicycle accidents involving bad weather and how it may affect an individual’s compensation reward.
What Kind of Standard Are Bicyclists Held To?
The standard a bicyclist is held to in the eyes of the law is that of a reasonable and prudent cyclist in the same or similar circumstances. Experts often testify about whether a reasonable bicyclist would get on a road, would take the action, or make the reaction that the bicyclist took when the injury occurred.
The reasonable person standard is one that is defined by the facts, and it is enforced by the jury. The jury determines the standard based on the facts of the situation, and then it also determines how that standard is enforced. The jury is considered the conscience of the community, and it is up to the jury to determine whether an action is safe or not under the circumstances and who violated that standard, causing the injury, and with what degree of responsibility.
Speak to a McKinney Attorney about Bicycle Accidents Involving Bad Weather
Driving or riding any vehicle in inclement weather can be hazardous, and cyclists may maximize their chances of being injured in an accident. Even with helmets and reflective gear, you are still at high risk for sustaining injuries.
If you have been injured in a McKinney bicycle accident involving bad weather, a lawyer could help you learn about your legal options and you seek justice for your injuries. Consult with a determined attorney to learn about how you can seek compensation. Call today to get started.