BICYCLE ACCIDENT SOLICITORS
Dublin and Ireland’s crowded streets may be quite hazardous for bicycles, since they are surrounded by heavy automobile traffic, unending public transit buses, the buzz of electric scooters, and swarms of people. Bicycle accidents often occur suddenly and may be quite distressing.
Ireland’s bicycle accident statistics are startling and underscore the perilous reality faced by many riders. According to statistics given by the Road Safety Authority, ten people died while riding on Irish roads in 2020.
This was an increase of two fatal accidents involving cyclists over the previous year. In comparison to the annual rate of mortality, the number of individuals killed while riding in 2020 was somewhat higher than the 10-year average and slightly lower than the 20-year average.
If you have had injuries or have lost property as a result of a bicycle accident caused by another’s negligence, you may be entitled to compensation for the following:
- Distress on an emotional level
- Wages forfeited
- Medical expenses
- Consortia loss
- Loss of property
- Suffering and agony
Additionally, if it can be shown that the other person intended to hurt you, you may be entitled to punitive damages. Punitive damages are paid to hold a wrongdoer accountable for intentional acts of malice. Contact Sherlock and Co Bicycle Accident Solicitors today.
Bicycle Accident Claims
It is essential for cyclists to follow the laws of the road for their own safety. You are especially vulnerable as a biker and stand a genuine danger of severe injury or death if you are involved in an accident.
You are legally required to maintain excellent operating condition on your bicycle. You must pedal with moderate caution and be sufficiently sober to handle your bicycle.
If you ride a bike on a public road in Ireland, you must have reflectors and lights installed to enhance your visibility. On public roads, all bicycles must adhere to the Road Traffic Regulations.
Along with lights, your bike should include the following:
- A bell that is audible from a reasonable distance
- Brakes on the front and back
- A visible back reflector from a fair distance
If you have any questions contact Sherlock and Co. Bicycle Accident Solicitors.
In Ireland, who is responsible for a bicycle accident?
In a nutshell, it depends on who’s negligence resulted in the bicycle accident.
The following are the primary variables that an expert bicycle accident solicitor would evaluate when evaluating blame in a bicycle accident:
Who is entitled to the right-of-way?
Traffic lights serve as a visual cue as to who has the right of way.
Is it possible that someone failed to signal?
If a motorist fails to signal or a bicyclist does not employ the correct hand signals, any side may be held accountable for the bicycle accident.
Was the necessary lighting turned on at night?
When driving or riding a bike at night, both drivers and bikers must use proper lighting. Failure to comply may result in liability.
Wasn’t there a bicycle lane?
Bike lanes are designated exclusively for bikers. Vehicles detected driving in or impeding a bike lane may face prosecution.
In the context of bicycle accidents, negligence often refers to a driver’s negligent or irresponsible behaviour. This implies that if a motorist is found to have been negligent and injures a cyclist, the driver will often be held accountable for both the injuries inflicted and the consequent damages.
If you would like to discuss your situation, contact Sherlock and Co Bicycle Accident Solicitors.
What is the definition of driving negligence?
Several frequent forms of driver negligence in the context of a bicycle collision include the following:
- Talking on Mobiles
- Failure to pay attention to the road
- Contravention of traffic regulations or signals
- Driving when impaired by drugs or alcohol
- Not seeing a biker and merging into that bicyclist
- Not providing at least three feet of room for a biker to manoeuvre safely
Negligent driving is not only hazardous, but also against the law. While driving a vehicle, all motorists have a legal responsibility of care. This implies that a motorist who acts recklessly and fails to exercise due care while driving a vehicle may be held accountable for causing a bicycle accident.
If you were hurt in a bicycle accident as a result of another driver’s negligence, it is critical that you establish that the driver’s negligence was the principal cause of your injuries. In Ireland, the legal threshold for negligence will take the following factors into account:
- The motorist had a duty of care to the bicyclist.
- Through negligence, the driver broke his or her duty of care.
- The major cause of the injuries caused was the driver’s negligence.
Multiple individuals may share culpability for a bicycle accident. Ireland is a comparative negligence state, which implies that many individuals, including the cyclist, may be held accountable. As a result, liability may be classified according to the degree of culpability. Damages will also be allocated according to the degree of fault. Finally, any possible damages will be lowered in accordance with the degree of an individual’s culpability. Contact Sherlock and Co. Bicycle Accident Solicitors with any queries you may have.
What Can I Do If I’m a Victim of a Bicycle Accident?
The following are the critical measures you must take after a bicycle accident to safeguard your legal rights and get the greatest compensation possible for your injuries:
- Maintain your position. Never leave the site of an accident before Gardai arrive, even if it seems that no one has been injured.
- DO NOT apologise or even make an attempt to ascertain who could be at blame. DO NOT MENTION THE ACCIDENT AT ALL UNLESS YOU ARE ANSWERING GARDAI QUESTIONS.
- Dial 999. It is critical to get an official report of your bicycle accident from responding officials. Ensure that you explain all of your injuries, regardless of how small they seem. Please also obtain the accident report number before you leave the area.
- Collect driver and witness contact information. Exchange contact information, including names, addresses, phone numbers, and driver’s license numbers, with all parties involved in the collision. If there are witnesses, attempt to get the same information from them.
- Make a note of what occurred, including the dates and times, as well as any pertinent road or weather conditions. It is prudent to take as many images as possible of the accident location, your bicycle’s damage, and any injuries sustained.
- Seek medical attention. Consult a physician as soon as possible. While many injuries may not instantly display negative symptoms, your health should always come first. And, unless you see a physician, the other party’s insurance company will claim that you were not injured at all. A complete medical record of your injuries is crucial in establishing the severity of your injuries.
Consult Sherlock and Co Bicycle Accident Solicitors for Bicycle Accidents. Bicycle accidents entail a variety of complicated concerns and time constraints that are best handled by an experienced Irish bicycle accident solicitor.
Who Do I Sue If I Am Involved in a Bicycle Accident?
If you are hurt or have property damage as a result of a bicycle accident, the person or parties responsible for your losses will be required to compensate you for your losses. The first step in reclaiming damages is to file a personal injury lawsuit.
Please contact an expert Irish bicycle accident solicitor immediately to assess if you are able to launch a personal injury case and get compensation for your injuries.
Can I Sue The Manufacturer If My Accident Was Caused By A Defective Bicycle?
Bicycle accidents are often the result of a defective bicycle or bicycle component. To receive damages, an injured party must file a products liability lawsuit. A lawsuit for a defective bicycle could occur when the brakes of a bicycle suddenly fail and a biker suffers catastrophic injury. Neither the biker nor another motorist is at fault in this instance. However, under Irish law, the maker of the faulty bicycle might be held accountable for such damages. A product liability claim is distinct from a personal injury claim in that an injured biker will not be required to establish manufacturer negligence in order to get compensation. Strict responsibility may be applied in the following instances:
- Defects in design
- Defects in manufacturing
- Failure to disclose flaws
Nonetheless, product liability claims are very complex, since they involve costly expert research and evidence to establish that the product was faulty in the first place. If you have been harmed as a consequence of a faulty bicycle or bicycle component, you may be able to collect damages by demonstrating the following:
- The product was used appropriately.
- The bicycle maker marketed a faulty product.
- When the product left the manufacturing, it was already flawed.
- A person incurred injury or damage as a consequence of the faulty goods.
Can I Sue If a Family Member Dies in a bicycle accident?
Due to a bicyclist’s lack of protection in contrast to a multi-ton truck, the consequent injuries can be serious, if not deadly. Even if a biker is wearing a helmet and adhering to all applicable bicycle safety laws, they are not assured road safety.
When a loved one dies, the surviving heirs have a wrongful death claim and may sue for the following damages:
- Costs associated with funerals and burials
- Suffering from a lack of friendship and support
In Ireland, the following persons may bring a wrongful death lawsuit:
- Parents of the decedent
- Successor spouse
- The decedent’s children
- Domestic partner who has survived
- If the decedent’s children have predeceased him or her, the decedent’s surviving grandchildren may file.
- Any individual(s) who are legally entitled to inherit the decedent’s property under Ireland’s intestate succession rules
Am I Entitled to Sue the City or County Council for Negligent Road Maintenance?
Not all bicycle accidents are the result of a motorist’s negligence or even the presence of another vehicle. In Ireland, poorly maintained roads are a major cause of several catastrophic motorcycle accidents. It is critical to note that under Irish law, cities may be held accountable for negligence if they fail to keep public roadways in sufficiently safe condition. A major bicycle accident may readily occur as a result of apparently innocuous road conditions, such as the following:
- Gravel that is loose
- Cement that has been broken
- Inconsistent sidewalks
- Road signs that are defective or broken
Finally, all property owners – commercial, private, and government – may be held accountable for failing to maintain their asphalt or pavement surfaces appropriately. As a result, you may be entitled to claim for damages if you were hurt as a result of the City or County Council’s negligence.
Is it Possible to Sue a Pedestrian for Contributing to My Bicycle Accident?
Yes, you may have a claim for damages against whomever caused your losses, whether another vehicle or a pedestrian. If you were hurt in a bicycle accident as a result of another person’s negligence, it is critical to establish that the pedestrian’s negligence caused your injuries. In Ireland, the legal threshold for negligence will examine the following three factors:
- The defendant had a duty of care to the plaintiff.
- Through negligence, the defendant broke his or her duty of care.
- The plaintiff’s injuries were primarily caused by the defendant’s negligence.
For instance, a pedestrian may be responsible for a bicycle collision if they:
- Lose control over their dog
- Running beside a biker abruptly entering the bike lane
- Offending a biker by intentionally knocking them off their bike
- While walking while texting, one’s attention is diverted from the road.
- While wearing headphones, You were blind to bike traffic.
What Happens If I Am Injured By an Uninsured Driver?
All drivers in Ireland are required to insure their vehicles. However, some individuals attempt to save money by driving without insurance. Being a victim of an uninsured motorist may be a nightmare. However, your bicycle accident solicitor may pursue other avenues, such as suing the uninsured motorist and seizing their personal property.
The Irish Motor Insurers’ Bureau pays victims of road traffic accidents caused by uninsured cars.
What damages are Available in Ireland Following a Bicycle Accident?
In general, an injured biker may seek the following compensatory damages:
- Wages forfeited
- Medical expenses
- Loss of property
- Suffering and agony
- Distress on an emotional level
- Consortia loss
- Diminished earning ability
Typically, available damages will vary according on the severity of your injuries. The following are the most prevalent forms of bicycle accident injuries:
- Bones fractured
- Fractures of the teeth
- Blood loss on the inside
- Dislocations or sprains
- Injuries to the head and neck
In very rare instances, a biker who has been hurt may also pursue punitive damages. To be eligible for punitive damages, an injured biker must establish that the defendant acted recklessly, such as intentionally attempting to run over a bicyclist. Punitive damages are paid to hold a wrongdoer accountable for intentional acts of malice.
Continue reading for further resources on bicycle accidents, crashes, safety, and bike sharing.
How Can I Prevent Bicycle Accidents?
Different sorts of incidents need distinct safety measures. For instance, left turn accidents are swift and excruciatingly deadly. They occur when a driver accelerates in front of you and then makes a left turn directly in front of or into you. To prevent creating accidents, bicycles and drivers should maintain a safe distance from one another when on the road.
What Happens If I Am Injured While Using a Bike Share System?
As is the case with Uber and Lyft, the notion of ride- or bike-sharing is still relatively new. When new difficulties arise, the legality of these systems will gradually develop as well. This might be perplexing since determining culpability and blame can be difficult.
Fortunately, bike-on-bike collisions are less prevalent than bike-car collisions. Additionally, the injuries are often less serious. However, cycle on bike accidents can occur, and you may be curious about your legal rights in the event of one. To discuss, contact Sherlock and Co Solicitors now.
Can I Ride My Bike on Ireland’s Footpaths?
Cycling on a public walkway is not a statutory offense. However, other statutes make it an offense. Although riding on a footpath is not a fixed charge offense, a biker may be fined if a Garda deems their cycling to be without reasonable regard.’
Injuries Resulting From Bicycle Accidents
Bicycle accidents may result in significant injuries that may need medical treatment due to the lack of protection provided by bicycles. These injuries may include, but are not limited to, fractured bones, concussions, and spinal cord damage.
Accidents on Bicycles Involving an Uninsured Driver
What are your options if you are involved in a bicycle collision with an uninsured driver? You may still be entitled to financial compensation for any injuries or financial losses sustained as a result of the incidents. cMIBI provides compensation to victims of road traffic accidents caused by uninsured vehicles. Contact Sherlock and Co Bicycle Accident Solicitors to learn more about the legal procedure and your options.
Who Is Responsible for a Bicycle Accident?
When you are involved in a motorcycle accident, who is to blame? To submit an insurance claim, someone must be held accountable for the accident. The bicyclist, a motorist, the City or County Council, or the bicycle manufacturer might all be held accountable.
The Most Common Injuries in Bicycle Accidents
There are several types of injuries that may result from a bicycle collision, but some are more prevalent than others. The most frequent injuries sustained in bicycle accidents are brain damage, face injury, spinal cord injury, and wrongful death. Given the seriousness of these most frequent bike injuries, it makes sense to always wear a helmet while riding a bike.
Insurance for Bicycle Accidents in Ireland
Do you need bicycle insurance? While bikers are not obliged by law to get bike insurance, you should educate yourself on the advantages of protecting your bike in the event of an accident.
Hand Signals for Bicycles
Due to the lack of signals on bicycles indicating where they are going to stop or turn, it is essential for cyclists to be familiar with bicycle hand signals and how to use them effectively. Hand signals inform other road users of a bicyclist’s upcoming action, allowing other road users to be prepared.
How Bike Sharing Is More Secure Than Owning a Bike
Bike sharing programs are becoming more popular in major cities throughout the nation, from Galway to Cork. Have you considered how much safer it is to ride a bike from a bike sharing service than it is to ride your own? Not to mention that these bike sharing services provide users with insurance in the event of an accident.
What Happens If I Am Injured While Using a Bike Share System?
Injuries sustained while riding a bike are unpleasant and can have financial consequences. The sole benefit of being hurt while riding a bike shared by a corporation is that you may be covered by their insurance. The company’s proposition is to provide safe and dependable transportation to its riders.
Compensation for Bicycle Accidents
Bicycle accidents, like any other kind of mishap, may result in bodily, emotional, and financial harm. If you were injured in an accident caused by another party’s negligence, you may be entitled to compensation for your losses. An expert bicycle accident solicitor can assist you in obtaining the maximum compensation available.
In a child bicycle accident, where a child is struck by a car.
Everyone on the road, cars and bicycles alike, owes one another a duty of care. However, when children are bicycling on the road, or in any other situation involving children, drivers owe them an additional duty of care and must drive more carefully to avoid collisions.
Accidents Involving Bicyclists Caused by Car Doors
Bicyclists are sometimes doored by drivers or their passengers attempting to escape the car on the left hand side when parked curbside, which may result in severe injury if the vehicle collides or if the bicycle swerves into traffic to avoid the impact.
Electric Bike Collisions
While electric bikes are popular for their ability to get people from point A to point B more rapidly, they do offer some concerns that a standard bicycle does not. A faulty electric bicycle might result in significant injury.
Accidental Death on a Bicycle
If a biker is struck by a car, their chances of survival are slim owing to the stark disparities in force and strength between a vehicle and a bicycle.
Is Bicycling More Safe Than Driving a Car?
Bicyclists are at a greater risk of injury and death in crashes than motor vehicle passengers. Across the country, riding a bike is more likely to result in death than driving a vehicle.
Mountain Biking Collisions
While riding a bike in steep terrain is scenic, it may also be quite hazardous, particularly if other motorists are driving carelessly or irresponsibly.
The Bicycle Accident Solicitors at Sherlock and Co are Here to Assist
If you have been injured as a consequence of another motorist’s recklessness, you have the right to pursue compensation from that driver. Our firm’s bicycle accident solicitors can assist you in obtaining financial compensation for your losses, which may include medical costs, property damage, missed earnings, and pain and suffering as a result of your injuries.
Call us immediately at (01) 4570846 or send an email to info@SherlockSolicitors.ie to arrange for a free consultation with a member of our skilled, sympathetic, and caring legal team.
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