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Articles Tagged with boca-raton-bicycle-accident-lawyer

Most people when they hear the words “cycling accident” automatically think of a collision with a car. It’s true that a significant portion of serious bicycle accident injuries are the result of bike run-ins with motor vehicles. However, most bicycling accidents overall are solo crashes.bicycle9

In some cases, bicycle accidents – whether solo or involving motor vehicles – are the result of a defective bicycle. Often, these defects are some type of mechanical failure of one of the bike’s components.

Anytime a product is defective and that defect causes an injury or loss, all those engaged in the business of designing, manufacturing and supplying that product to the public for use can be held liable for that injury. That means an injured person can pursue action against the designer of the bike, the company that assembled it, the wholesaler, the distributor and the retailer.  Continue reading

In almost all motor vehicle accident cases, the courts in Florida recognize that drivers owe a duty to all other road users to exercise reasonable care in the operation of that vehicle. However, there are some narrow instances in which the rules are flexed. One of those is the “sudden emergency doctrine.” bicyclenight

The courts have recognized that a driver who is confronted with an emergency isn’t held to the same standard of conduct that would normally be applied to someone who is not in that same situation. This lesser standard of care may be applied when the driver, through no fault of his own, is suddenly and unexpectedly confronted with imminent danger to himself or others. But not every unexpected occurrence is to be considered a “sudden emergency.” For example, motor vehicle drivers have to be prepared for the appearance of obstacles, persons or other vehicles on highways and at intersections. The fact that a driver is surprised by one of these conditions isn’t necessarily a “sudden emergency.”

This was the argument of plaintiff in Tidd v. Kroshus, recently before the North Dakota Supreme Court.

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