If a bicyclist is injured by a driver, they may need to prove that negligence occurred to be able to get compensation for their injuries. This includes being able to show that the driver was the one who was negligent, which requires evidence that can be used in court. From there, proving negligence in a bicycle injury claim includes a few different steps to show that there was a duty of care, it was breached, and the bicyclist was injured as a result.
Steps to Prove Negligence in a Bicycle Injury Claim
Gathering Evidence
It is important for the bicyclist to gather evidence from the accident to help show that they were not at fault for the accident. This can include photos of the accident scene, photos of damage to the bike, and more. It may be necessary to look into legal help for cyclists to gather some evidence, such as surveillance camera footage, to make sure it can be used in court. A lawyer will also help the bicyclist with proving negligence to be able to obtain compensation.
Show a Duty of Care
The first step in proving negligence is to show that there was a duty of care. Each driver must operate the vehicle in a safe manner and be aware of potential dangers on the road. This includes yielding when legally required, obeying speed limits, following traffic signals, and avoiding distractions while driving. They also must be aware of what’s happening around them on the road, which includes paying attention to those on bicycles or using other methods of transportation.
Show a Breach of Duty
Next, it’s necessary to show there was a breach of the duty of care. This is shown by providing evidence that the driver broke the law or acted in a careless or reckless manner. For example, the accident may have occurred because the driver was texting and didn’t see the bicyclist or because they ran a red light. It could also happen if they opened their door without looking for cyclists or if they were following the cyclist too closely and didn’t stop in time.
Show the Cause of Injuries
It will be necessary to show that the accident caused the injuries sustained by the bicyclist. Proving this can typically involve showing medical documents, photos, and more. There may also be an accident reconstruction report that can show how the accident occurred or evidence provided by an expert witness. The goal here is to show that the injuries happened directly because of the accident and were not pre-existing injuries.
Show the Total Damages
The final step is to show the total amount of damages as a result of the accident. This includes not only the medical bills for the bicyclist but also their future medical costs for recovery, any lost wages they sustained while recovering from the accident, and the cost to repair or replace the bicycle. It can also include other types of damages, too, depending on the case. The total amount of damages, plus legal fees, is typically what the bicyclist’s lawyer will request when asking for compensation through a bicycle injury claim.
If you’ve been injured in a bicycle accident due to a negligent driver, you may be owed compensation for your injuries. Take the time to speak with a lawyer about your case to get help proving negligence and getting the compensation you need. Schedule a consultation today to learn more.
