Most bicyclists fatally injured die because of a collision with a motor vehicle, usually by drivers who aren’t paying adequate attention to the road. However, there are cases in which cyclists are killed or injured on unsafe trails. In these cases, recovery of damages in a civil court will depend on the circumstances of the bicycle crash, but also on who maintains the trail. In such a situation, it would be wise to contact an expert bicycle accident attorney at 617-787-3700. Although property owners are usually responsible for maintaining safe conditions on site, particularly when the public is invited, there are laws that protect both public and private owners that open their land for recreational use.
In one recent example, a student at a public university in California was biking at night on a path owned and maintained by the school. He crashed his bike and was tragically killed, and there was no motor vehicle involved. In a lawsuit against the school, the family claimed that the school was negligent in not having proper lighting, signage, runoff areas, or physical barriers. As such, the bicycle accident allegedly was entirely preventable, and the school could be civilly liable for the death of the young man.
The school, however, argued that it was protected from litigation by a governmental immunity statute. The statute turned on whether the school was providing land to the public for recreational use. The Court agreed with the defense, and granted summary judgment to the defendant, which was upheld on appeal. The plaintiff thus lost the case without a trial.
If you or a loved one has been injured as the result of a bike accident, you may be entitled to significant monetary relief. Act now and contact one of our expert bicycle accident attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our Massachusetts injury attorney specialists today at 617-787-3700 or email us at firstname.lastname@example.org. Your needs are our top priority!