The Exceptions Given to Cyclists in South Carolina
- July 27, 2022
Inescapable dangers for bikers exist on our roads, and cyclists are not exempt from paying the consequences once injury results from their bike trip. Although illegal, the exceptions are that unfortunate excusable negligence or assumption of risk, and in many cases, this is a much more suitable option than suffering the injury. The following is a list of exemptions these Colombia bike accident lawyers tell us :
Degrees of Inevitable
Where frequent, unavoidable dangers exist, the cyclist may be able to claim the degree of certainty that exists. The judge will be more likely to find that an unforeseen and unwanted incidence has occurred; therefore, causation can be disregarded. It is seen when the defendant has been operating carelessly or recklessly.
You can argue that you were not in your right mind due to the ferocious pain or the trauma experienced.
Assumption of Risk
Having an excellent working knowledge of your bicycle does help a judge recognize that you assumed the risk associated with bike riding. You will have to prove that you have been riding for quite some time with no previous incident. This explanation is likely to help get a cyclist off the hook regarding liability. The judge will not hold the cyclist liable but will still assess the degree of care you had exercised. If a reckless move is made, it will be worse for the cyclist. However, if a cautious decision is made, the cyclist will receive much better compensation for sustained damages and injuries.
If you were unaware of the danger, you might argue hot pursuit. In other words, your negligence is overlooked due to your aggressor putting you in a situation where a reasonable person would act as you did. It is an exception for as long as an aggressor exists who puts the cyclist in this position. It is to be noted, however, that you may still be awarded damages if the aggressor decided to drive on at a high rate of speed, which caused the collision.
Collision with an Unattended Child in a Crosswalk
Inability to control the vehicle – The cyclist is acting within his legal rights if he has not had the opportunity to exert his control over his bicycle. He must also have a working knowledge of the bicycle and understand that it is a dangerous machine.
When there is no other person present who could have operated the bicycle, then this behavior would be considered pedal assisting. This means that a cyclist has engaged in mental risk-taking with his bike and will not be liable for damages. However, pedal assisting does not give you immunity from negligence.
The cyclist will have to thoroughly examine their relationship with the bicycle and what exactly happened during the crash. Having ultimate knowledge of your bike will help you prove your case when it comes time to sue the driver who hit you. Any evidence that could help your case can be retained and presented to the proper authorities.