Bicycle safety should be a number-one priority in every city. Horn Law has always been a proud supporter of bicycle safety events. Just this May, we highlighted how the local Eagle Scouts promoted bike safety, and honored a high school student who dedicated his Eagle Scout project to safety. This event highlighted the importance of safety for our children, and even adults – especially when sharing the road with trucks and passenger vehicles. Most vehicle operators do not pay attention to bicycles on the roadways – especially young children who ride bicycles. When they do not pay attention, it can lead to devastating injuries – and often, death.
If you have been injured in a bicycle accident, it important that you understand the elements required to prove your case – and most importantly, that you speak with a bicycle accident attorney right away.
How Do You Prove Liability in a Bicycle Accident Case?
Like all accident claims, you will need to base your case on negligence. To do that, you must prove the four elements required in a negligence-based claim. These include:
- Showing that the motorist owed you a duty. Drivers and cyclists both have obligations while traveling on roads. This includes stopping at red lights and honoring traffic signals, driving in accordance with all posted speed limit signs, checking before merging, signaling when appropriate, etc. In a bike accident case, your attorney will need to prove that the driver owed you a duty – such as waiting for you to cross the road before entering.
- The motorist breached the duty owed to you. Next, you will need to establish that the motorist had a duty, and then breached that duty. For example, if a motorist were turning left, but failed to look for the cyclist before engaging in the turn and caused an accident, then he or she breached this duty by not yielding to the cyclist, per the law.
- Breach of duty led to your injuries. Even if a driver was negligent, you must prove that this negligence is what caused your injuries. This means providing your medical records, expert witnesses, and any eyewitnesses to the accident itself.
- Your injuries require compensation. A few minor scrapes and cuts will not often warrant a large enough settlement to pursue a claim. Instead, you must show that you suffered from serious damages because of the driver’s negligence. This can include extensive medical care – including potential future medical costs, property damage, lost wages due to your accident, etc. You need items that are compensable under the law.
Do You Think You Have a Bicycle Injury Claim?
If you have been seriously injured in a bicycle accident, you can schedule a free case evaluation with the team at Horn Law. Our attorneys are here to represent you in your personal injury case, and to help you receive the compensation that you deserve for your injuries. Get started by scheduling your free consultation at (816) 795-7500, or fill out our online contact form with your legal questions.
