Seeking Compensation in a Bicycle Accident

 Posted on June 14,2019 in Bicycle Accidents

Every year, thousands of bicyclists are seriously injured in accidents, throughout the United States. In many of these instances, the accidents involve an automobile. According to the National Highway Traffic Safety Administration (NHTSA), 783 bicyclists were fatally injured throughout 2017, in accidents involving automobiles. Due to the limited protection that cyclists have while riding (even when wearing proper protective gear, and helmets), the injuries suffered in a collision with a standard motor vehicle can be life altering. In a significant number of these collisions, the accident was caused by the negligence of the motorist. Below we will examine simple steps you can take to secure injury compensation, in the case of a bicycle accident.

Speak with an Attorney

After a collision of any magnitude, the first and most important step you can take is to speak with an attorney. Even if you are not looking to secure injury compensation in an accident, a quality attorney can examine the events that lead up to the accident and prove whether or not your actions or the actions of the other party caused the collision. Selecting an attorney you can trust can be a difficult proposition. In order to know you are making the right decision, you should meet with the attorney in person and take an extensive look into their prior client experience.

Once you have hired an attorney it is important to take them through the events that caused the collision. If you have decided to pursue some form of injury compensation, the attorney must prove that you did not act in a negligent manner that added to the likelihood of the collision. In instances of bicycle accidents, negligence could come in the form of riding down a one-way street down the wrong direction, running a stop sign, or swerve in and out of traffic.

Proving Negligence

Once you and your attorney have established with some confidence that you were not responsible for the collision (your attorney will speak with you regarding comparative negligence laws, in the event that the collision was in some way caused by you), it is time to begin developing a compelling case to secure injury compensation. In other words, it is time to prove that the other party was acting negligently. These cases can be developed in a number of ways, such as eye witness testimony, or negligence per se.

Negligence per se occurs when a person is cited for violating traffic laws (such as speeding) at the time of the accident. Your attorney could then argue that the driver’s speed was the direct cause of the collision. In other cases, one can simply prove that the driver was driving recklessly. This could occur if a driver swerved into a bike lane, failed to stop at a stop sign, or was driving under the influence of drugs or alcohol.

Speak with a Plainfield Bicycle Accident Lawyer

Attorney Daniel Flaherty fully understands the manner in which a significant injury can impact a person’s livelihood. Understanding the life-changing ramifications of serious injuries, we are dedicated to assisting our clients in securing the compensation they deserve. To schedule a complimentary consultation with a skilled Will County personal injury, call our team today at 815-577-7500.

Source:

https://www.nhtsa.gov/road-safety/bicycle-safety