Even if you have a dedicated bike lane to ride in, taking a bicycle out on or near a public roadway can be dangerous, especially if the people driving motor vehicles on that road do not give you the space and respect they owe you under state law. Unfortunately, filing suit over a bike crash caused by a negligent driver can be complicated as well. Some people can be unfairly biased against bicyclists when it comes time to render verdicts and award damages during civil court claims.
If you have been hurt in a bicycle wreck that was not your fault, retaining and working closely with our capable Southfield bicycle accident lawyers could be crucial to giving yourself the best possible chances of case success. Even if you just have some questions about what legal options you have, a conversation with our personal injury attorneys could give you the information you need to proactively protect your best interests.
Are Drivers Always at Fault for Collisions with Bicyclists?
Given how much more likely a bicyclist is to get seriously injured in a collision with a motor vehicle compared to anyone inside that motor vehicle, it would be understandable to assume that drivers who strike bicyclists are always legally at fault for ensuing injuries. In reality, though, injured bicyclists have the same burden of proof as any other personal injury plaintiff, meaning they cannot recover compensation unless they can prove through a preponderance of evidence that they were most likely injured through a specific reckless or careless act by the defendant they are suing.
On top of that, bicyclists can be found partly at fault for causing their injuries through their own negligent behavior—for instance, if they ran a stop sign and were then struck by a speeding driver. In that kind of scenario, a court could assign a share of comparative fault to that bicyclist and then reduce their final damage award’s value—or, in some cases, deny them compensation altogether—based on that percentage of fault. This is one of many legal obstacles a skilled Southfield bicycle accident attorney could help navigate around during a lawsuit or settlement negotiation.
Important Evidence in Bike Wreck Claims
Legal counsel can also help find, preserve, and make good use of all available evidence in order to build the strongest civil claim possible against a negligent driver or anyone else whose misconduct played a role in causing a bike crash. This typically entails hunting down and collecting things like:
- The accident report written by the police officers who responded to the crash scene
- Photos and videos of where the crash happened, property damage the crash caused, and nearby obstacles and traffic patterns
- Eyewitness testimony
- Footage from surveillance, traffic, and dashboard cameras
Every case is different. It is generally worth discussing the best path forward with a knowledgeable lawyer before trying to pursue a bike injury claim in Southfield alone.
Talk to a Southfield Bicycle Accident Attorney About Legal Options
There is a lot you can do to protect yourself from harm while riding a bicycle, from simple things like obeying traffic laws and wearing a helmet to more wide-reaching actions like defensive riding. That said, there is not much anyone on a bicycle can do to prevent another person near them from acting in a reckless or careless way. If you have been hurt in a wreck caused by such a person, your best move may be to file suit against them for the damages they have caused you.
A knowledgeable Southfield bicycle accident lawyer at Thurswell Law could be an irreplaceable ally from start to finish of your legal proceedings, working tirelessly to get you every cent of restitution you deserve. Call 248-354-2222 today to learn more.
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