Many people, especially in Missoula, use bicycles not only for exercise and recreation, but as a means of transportation. Cyclists have the same legal rights and obligations as drivers of automobiles. Both automobile drivers and cyclists are obligated to follow traffic laws. However, when automobiles and cyclists share the roadways and drivers fail to drive with caution, collisions may occur.
In an automobile versus bicycle crash, the cyclist is typically the one who suffers the worst injuries. These injuries can often be very serious and sometimes fatal. An injured cyclist has the same recourse against the negligent party as a person injured in an auto collision, including the insurance claims process.
Similar to car crashes, liability and negligence are both issues in auto versus bicycle crashes. It must be determined whether the automobile driver’s negligence caused the cyclist’s injuries and whether the cyclist caused or contributed to the collision. If the cyclist is at fault for the collision, the cyclist’s auto insurance will not provide coverage for any damages arising from the crash. However, recovery may be available from the cyclist’s homeowners or renters insurance.
According to the U.S. Department of Transportation, bicyclist and pedestrian injuries and fatalities have steadily increased since 2009 and made up a total of about 16% of motor vehicle-related deaths in 2012.
If you or someone you know has been injured in a collision with a motor vehicle, you have a right to file a claim either with the driver or the driver’s auto insurance company. All lawsuits and claims are unique in regard to the specific facts of each individual case and must be considered in the context of that particular crash. Determining who is at fault can be complex.
Motorcycles are very popular as a source of enjoyment, sport, and transportation, especially on Montana’s roadways. However, driving and riding on a motorcycle poses unique challenges and dangers as a result of the rider’s exposure to the external elements as well as other drivers’ awareness of motorcycles on the roadways.
Collisions involving motorcycles can result in the drivers and passengers of the motorcycle suffering catastrophic injuries and can be fatal. Motorcycle riders are exposed to situations involving a high risk of serious injury from an accident and as such, they involve some of the most serious collisions. Motorcycle crashes may result in serious damages including physical injuries, pain and suffering, emotional distress, medical expenses and other hardships.
Similar to car crashes, liability and negligence are both issues that must be proven. It must be determined who caused the collision, whether the other party was at fault, and if the driver of the motorcycle contributed to the collision in any way. Motorcycle collisions often involve complex insurance disputes. Paoli & Leisher can help you through this process.
All lawsuits and claims are unique in regard to the specific facts of each individual case and the ability of the plaintiff to prove negligence of the other party. Determining negligence can be complex. If you or someone you know has been injured in a motorcycle collision, contact Paoli & Leisher to request a free consultation. Call us at 406-542-3330 or 800-332-4308.