While bicycling can be an inexpensive and fun way to get around, cyclists should be aware of the dangers when riding on busy streets. Due to their lack of protection, bike riders may sustain significant, if not permanent, injuries when they collide with motor vehicles.
If you suffered bodily harm in a collision while riding your bike, a skilled personal injury attorney could explain your legal options. When you retain a Monument bicycle accident lawyer, you do not have to face the litigation process alone and could maximize your recoverable damages.
To recover compensation in bike accident cases, the plaintiff and their legal counsel must prove that the motorist who struck them was legally negligent while behind the wheel. State law considers a defendant to be negligent when a Monument bike accident attorney can establish the following elements:
Most civil lawsuits begin with establishing that the defendant owed the plaintiff a duty to act reasonably. As such, all motorists have a legal obligation to follow all traffic laws and drive with care. Drivers on the road owe this duty of care to everyone, including bicyclists.
A breach of the duty of care may involve any careless, reckless, or intentional act that leads to an accident. Some examples of misconduct that could result in a bicycle accident include a motorist striking a cyclist after running a red light or failing to yield the right of way. In these situations, the motorist violated traffic laws which demonstrate a breach in their duty of care.
Causation means that the plaintiff must show that their injuries were a direct result of the defendant’s violation of their duty of care. Therefore, a defendant may not be liable for another person’s misconduct. Additionally, a plaintiff must be able to prove that they sustained damages. Bike accident damages may come in the form of medical bills, lost wages, or bicycle repair costs.
Under state law, an injured cyclist has two years from the date of their accident to file their claim for damages. If a plaintiff fails to meet this deadline, they could lose the opportunity to pursue compensation. A diligent bicycle accident lawyer in Monument could work to ensure that a claimant meets the statute of limitations. To meet this deadline, it is essential to obtain a seasoned lawyer as soon as possible.
From researching your claim to taking the case to trial, an experienced attorney could work with you to maximize your recovery. Cycling accident lawsuits can be complex, but the right legal counsel could help you get the most out of your claim.
If you sustained injuries or property damage as a result of a negligent driver, you have legal rights. Contact a Monument bicycle accident lawyer to protect your rights and for help on any legal challenges that you may face. To learn more, call today and schedule an initial consultation with one of our dedicated attorneys.