Proving Negligence in Bicycle Injury Accidents
Most types of personal injury cases require that you provide proof of negligence in order to receive financial compensation for injuries; bicycle accidents are no different. It’s easy to understand the concept of negligence, but it’s far more difficult to prove it in a court. Because of this, it’s vital that you work with an experienced bicycle accident lawyer — like Kathryn Burmeister — if you or a loved one has suffered injuries from a cycling accident.
Proving negligence by satisfying four elements
To successfully prove negligence in a court of law, you must satisfy four elements: duty of care owed by vehicle driver; that the vehicle driver breached this duty; the breach caused your injuries; your injuries are eligible for financial compensation.
- Vehicle driver owed you a duty. Motorists and cyclists are under certain obligations when on the road. These obligations include stopping at red lights and stop signs, not breaking the speed limit, and checking both ways before changing lanes. In personal injury claims involving a bicycle accident, Attorney Burmeister must prove that the motorist owed you a duty. An example of such a duty is a driver waiting until he has enough room to make a left-hand turn across oncoming traffic.
- Vehicle driver breached this duty. Once your bicycle accident attorney proves the driver owed you a duty to behave a certain way, she must prove he breached this duty. For example, if the motorist failed to ensure it was safe to turn and turned too quickly, hitting you as you passed, he has breached this duty.
- Breach caused your injuries directly. After proving the first two elements, you must now prove that the breach of duty directly caused your injuries. Evidence such as medical records, eyewitness accounts, expert witnesses, financial expense records, photographs, etc., are essential at this point.
- Your injuries are eligible for financial compensation. At this stage, your attorney will show how much property damage and your physical injuries are worth. Damage to your bike is easy to value, but it’s much more difficult to assign value to pain and suffering caused by the injuries. Attorney Kathryn Burmeister has a network of medical experts to consult with, who will help determine fair compensation.
As mentioned earlier, laid out like this, understanding the concept of negligence seems easy, but proving it in a court of law can be extremely tough. Call Burmeister Law Firm and set up a free, no-obligation consultation with Attorney Kathryn Burmeister today. She will listen to your story with compassion and review the evidence with a proven professional’s eye. Don’t delay, you deserve compensation for expenses associated with the accident and for your pain and suffering.
Originally posted 2020-11-01 08:00:06.