There’s no question that some drivers have more difficulty than others with the concept of politely sharing the road. Aggressive driving is a problem in many cities throughout the country, and the more populated and traffic-infested a road generally is, the less courteous its regular drivers are likely to be.
While it’s one thing for a driver to cut off another vehicle in an attempt to get ahead or perhaps just blow off some steam, it’s another thing to drive in a manner that could put a bicyclist or motorcyclist at risk. After all, the potential for injury is far greater when a bicycle or motorcycle is involved, and drivers are obligated to proceed with caution when riders are present on the road.
On the other hand, perhaps bicyclists and motorcyclists on the whole should make more of an effort to keep themselves safe. Many bicyclists and motorcyclists have a habit of weaving in and out of traffic, thereby putting themselves at greater risk for injury. After all, even a vigilant driver can’t always tell when a person is sneaking up in his blind spot, and if a bicyclist or motorcyclist chooses to ride in between sitting traffic, then by doing so, he is essentially taking his life into his own hands. So the question is: When can injured bicyclists and motorcyclists sue drivers for damages?
Robert Dewey of the Dewey Law Firm is a Charlotte, North Carolina personal injury lawyer who has been practicing for more than three decades, and according to him, bicyclists and motorcyclists on a whole tend to have a bad reputation for violating the law and putting other drivers in an unfair position on a perpetual basis. However, there are some bicyclists and motorcyclists who do make a point of engaging in safe road-related habits. Either way, when it comes to matters of personal injury, the law in North Carolina is pretty clear. If a person contributes to his own injury, then he isn’t going to get anything as far as a financial settlement is concerned. On the other hand, if a person is hurt as the result of somebody else’s negligence, then he is entitled to receive compensation accordingly. Therefore, bicycle and motorcycle injuries can only be evaluated on a case-by-case basis. However, for the most part, if a bicyclist or motorcyclist is seen weaving in and out of traffic and ends up getting hit by a car, then chances are that his lawsuit against the driver in question is going to be unsuccessful.
If you ride a bicycle or motorcycle on a regular basis, then it is your responsibility to do whatever it takes to keep yourself out of harm’s way. To rely on the drivers around you without exercising caution is to simply put your life into the hands of a series of strangers with limited capabilities. Of course, if you’re comfortable doing so, then by all means, go crazy. But don’t expect your lawyer to be able to work his magic if you wind up getting injured as a result of your own reckless behavior.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.
