Cyclists and motorists alike should be knowledgeable about the different laws that are in effect the moment they use public roads. This can help improve the safety for both road users. Here’s what you need to know about the different liability issues that may arise in a bicycle accident lawsuit.
The Basics of Bicycle Accident Liability
The law requires both automobile drivers and bicycle riders to observe the different rules and laws of the road. These include obeying traffic laws. These laws also require road-users to exercise due care and diligence to ensure their safety and the safety of other road users.
Bicycle accidents are often the result of negligence. Negligence occurs when road users fail to observe the different rules of the road. It can be due to negligence on the part of the automobile driver or on the part of the cyclist.
Each state has its own bicycle accident law. These laws define what will constitute a bike accident lawsuit, including the liabilities that are inherent in such accidents.
Common Liability Issues
There are several rules that can apply to bicycle accident lawsuits. These can include “side of the road” rules, bike lanes, motor vehicle passing rules, and right of way in making a right turn.
These are rules that require cyclists to use only the far right side or the outermost lane of the road. This is the case for cyclists who are not moving as fast as other vehicles. Cyclists are also expected to use the far left side of the road on one-way streets.
Unfortunately, this doesn’t prevent accidents from happening. Cyclists can still hit the opening door of a car parked on the side of the road. Cyclists are also at risk getting brushed or sideswiped by a passing truck or car. They can also get struck by an automobile that is turning right.
There are cities that have dedicated bike lanes. Cyclists should always use this special lane.
In case there are no bike lanes, cyclists have as much right to use the main road. However, he should always use the middle lane and move as fast as the other vehicles. Cyclists can also leave the far right lane if they need to turn left. They can also use other lanes if the outermost lane is too narrow or if they need to avoid road hazards like debris.
Bicycle laws also require cyclists to ride close to vehicles that are parked on the side of the road. This only holds true if there are other motor vehicles using the other lanes of the road. In such cases, there is no need to ride close to stationary vehicles.
This is a rule that governs the conduct of drivers who share the road with cyclists. Automobiles should observe a safe distance whenever passing a cyclist. The minimum safe distance is three feet. This can be quite a concern when the vehicle passing is a large one, like a bus, truck, or a large SUV.
Motorists should also pass cyclists only when it is safe to do so. This is especially true for instances when the cyclist is moving in the middle lane and at the same speed as other vehicles. Vehicles approaching a cyclist from behind should slow down and match the speed of the cyclist. Only when it is safe to overtake should the motorist pass the cyclist.
Bicycle accidents that involve a right-turning vehicle are very common. It does not matter whether the cyclist is in the bike lane or in a traffic lane. The turning vehicle will almost always hit a cyclist to its right. Motorists can turn without warning, too. They might not see the cyclist on the side of the road.
A right-turning vehicle has the right-of-way in most situations. However, when applied to a bicycle accident, the liability always falls on the shoulder of the motorist. One has to keep in mind that turning should be done only when it is safe.
There are many instances when an insurance adjuster will undermine the credibility of your bicycle accident lawsuit. It is always best to seek the assistance of a bicycle accident attorney. AronbergLaw.com is the best resource in Florida to help determine the correct liability and represent you in your lawsuit.
Tips to Avoid Construction Site Accidents
The goal of every workplace is to become a place free of danger for their employees, accidents in construction are harmful on all levels, obviously the human factor is the most important to care about. Safety at work is an important issue on the global agenda. Every year, World Day for Safety and Health at Work is celebrated in tribute to the victims of occupational accidents and diseases. The construction business is one of the most accident-prone out there and, therefore, they require some of the most prevention measurements.
Various studies on accidents in the construction sector indicate that 80% of accidents are caused by errors in organization, planning and control, and that the remaining 20% are due to errors in execution. There is no doubt that the construction sector is characterized by high rates of accidents at work.
If a worker is involved in an accident, it is essential to report it immediately to any direct supervisor regardless of the severity. Depending on the established contract by the company and the worker as well as how the situation happened, the worker should still apply for workers compensation, which will cover any medical expenses or monetary losses. If you have any questions regarding your rights and benefits contact the person in charge – usually a H.R. clerk who will give you all the details of what is covered by the insurance your company has. If you feel like your rights are being overlooked you can always file a claim for work injury on your own and get the proper legal help.
When working to improve safety on a construction site, the key is to detect the risk factor and distinguish measures to be taken into account for each one of them. It’s the company’s responsibility to inform workers about the existing risks at work and the control measures that should be followed, as well as to provide the necessary training for the performance of each task in order to avoid work related injuries. Below we tell you what these common risk factors are and mention different ways to prevent all types of accidents in construction.
Falls: Proper precautions are taken to avoid any possible fall, such as railings from 0.5 to 1 m high workers must wear a harness to protect themselves.
Electrical hazards: electrical short circuits and shocks are a common risk not only in large buildings but also a major cause of home accidents. For that we have differential circuit breakers, ground wire, thermal keys, double insulation cables. The laying of cables and boards must be adequate to the conditions.
Overexertion: Workers must be trained in how to lift and handle loads safely in order to prevent injuries from overexertion. In addition, the company must have the necessary mechanical equipment to facilitate the handling of loads.
Fires: Fires are also very common accidents so in case of one happening, enough fire extinguishers must be available to suit the types of the construction sites they are on, as well as have easy access. In this sense, it must be understood that a prior and detailed analysis of the conditions in which the work is carried out is key to prevention.
Objects falling: There has to be maximum load indications in machinery and braking and control systems must be placed correctly. It is also important to have periodic maintenance control, and clearing the areas where loads are moved through.
Cuts: Cuts and accidents with tools are very frequent. Therefore, the worker must always use the safety elements and the tools must be in correct conditions of use.
Poisoning: When using chemicals, it is necessary for workers to know their characteristics and risks beforehand. In addition, they must be stored safely, they must never be mixed and they must always be correctly identified in their original packaging.
Operator protection: The range of elements that protect workers in constructions are also key from preventing accidents. These include eye and face protection (goggles), foot protection (slip and heat-resistant soles), hand protection (specific gloves for each area), helmet and ear plugs or earmuffs that protect the ears in situations of excessive noise.
Some more tips to prevent general potential accidents are:
• Signpost that indicate the traffic routes of the vehicles. Mark on the ground the areas where the vehicles will pass and differentiate pedestrian paths, maintaining, if possible, a physical separation between the two of them. It is also important to indicate the prohibition of entrance for people that don’t work in the site, showing corresponding signs.
• Provide the workplace with hygienic and rest facilities that cover the needs of all the people who work in it. Establish the proper emergency procedures by installing the necessary means against emergencies such as evacuation routes or first aid kits.
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