Cycling is a great form of transportation for many reasons. Not only is it a fairly time-efficient way to get from a to b, but it is also environmentally friendly and an excellent form of exercise. It’s enjoyable, too. However, the one downside to cycling is the fact that it has the potential to be dangerous, especially if you are not wearing a helmet.
Since you share the road with cars, trucks and motorcycles, collisions can occur and they can be serious. If you have been injured in an accident when you were cycling, you may believe that it was a driver’s fault. If this is the case, you should be able to take legal action to hold them liable. If you are successful, you will be able to gain back financial damages. The following is an overview of how to hold a person liable for a bicycle accident.
Show that the other party was negligent
In order to be successful in gaining back damages, you will first need to show that the party acted negligently in some way. This means that you need to show that they failed in their duty to act safely on the road. For example, they may have been engaging in distracted driving, speeding or they may have jumped a red light.
Show that this negligence was the proximate cause of the accident
Not only do you need to show that they were negligent, but you also need to show that the accident would not have occurred if they were not negligent. This is called showing that negligence was the proximate cause of the accident.
Show that you suffered damages
You should be able to show that you were subject to material, physical or emotional damages as the result of the accident. If successful, the party will have to compensate you for these damages.
If you blame another person for causing your bike accident, take swift action to begin the process of making a claim.