Cycling is an activity that most people would love to do. It is an activity that gets your body going. To people who love to stay in shape, cycling can be very helpful. In the modern world, traffic has gone up a lot. Nowadays, it has become a difficult task to return home safely after going out. Accident cases are on an all-time rise, and cyclists are not immune to accidents.
Most people drive the cycle as an exercise activity, and some use it as a transportation mode. To no one, it will be pleasant to be involved in an accident. Getting into an accident while driving a cycle is not something anyone wants.
Knowing what to do in the event of an accident is essential for everyone. You might not have had an accident so far, but it certainly can happen. Not to be negative, but accidents can happen to anyone. No one can say they are 100% safe. So, knowing what to do might be beneficial for you.
The first thing you need to do after an accident is to seek medical attention. Consulting an attorney is the next sensible thing you can do. Because it is not a secret that healthcare is so expensive in the U.S. If you have been injured in a bicycle accident, you need to file a personal injury claim to get compensation.
When you file a case against a person, you become the plaintiff, and the opposition party will be the defendant. In a personal injury case, the plaintiff has the burden of proof. Meaning it is the plaintiff’s duty to prove that the defendant is at fault for the accident. In addition, the plaintiff needs to prove that the damages they incurred were due to the accident caused by the defendant. Then and only then will the plaintiff get their compensation money. If the plaintiff fails to prove this, they will not receive any kind of compensation.
If you are a cyclist injured in an accident, you must know what to do to prove your case. You must show that the opposite driver was at fault to receive compensation for your injuries. This can be difficult, especially if there are no eyewitnesses. This blog post will discuss the various things you will need to prove to win your bicycle accident case.
The Various Things a Cyclist Needs to Prove in a Bicycle Accident Case
As said, the plaintiff will have the burden of proof. So, the plaintiff must prove various things to get compensation. Here are the various things a plaintiff needs to prove in a bicycle accident case:
- The Other Driver Caused the Accident
- The Other Driver was Negligent
- Your Injuries were Caused by the Accident
- You Suffered Damages
1. The Other Driver Caused the Accident
The first thing you will need to do is indicate that the opposite driver caused the accident. To do this, you must show that the other driver violated one of the road rules. For example, if the other driver ran a red light or failed to yield the right of way, they would be at fault. According to the Louthian Law Firm, it is also important to show that the other driver was aware of the rules of the road and should have known better.
2. The Other Driver was Negligent
Negligence is a legal concept that is used to determine fault in accidents. To prove negligence, you must show that the other driver breached their duty of care. For example, all drivers must drive safely and not put others at risk of harm. If the other driver breached this duty and resulted in your injuries, they would be considered negligent.
3. Your Injuries were Caused by the Accident
To receive compensation for your injuries, you will need to indicate that they were caused by accident. This can be difficult to do, especially if you have pre-existing injuries. However, if you have medical records that show your injuries worsened after the accident, this will help to prove your case. Do not forget that you can also recover compensation for your pain and suffering. This is known as non-economic damages.
4. You Suffered Damages
It is important to remember that you can only recover compensation if you have suffered damages. This means that you must have incurred some financial loss because of the accident. For example, if you had to miss work because of your injuries, you would be able to recover lost wages. You can also recover medical expenses and property damage.
You Don’t Have Much Time to File a Lawsuit
Lastly, note that you don’t have much time to file a lawsuit. This is known as the statute of limitations. In most states, you will have two years starting from the time of the accident to sue for personal injury. If you do not file your lawsuit within this time frame, you will likely be barred from doing so. Also, if you file a lawsuit against a government entity, you may have an even shorter time frame. Therefore, it is crucial to speak with an experienced attorney as soon as possible.
If you have been injured in a bicycle accident, it is vital to contact an experienced personal injury attorney. They will be able to help you gather the evidence you need to support your case. They will also negotiate with the insurance company on your behalf and help you recover the compensation you deserve.
Without an attorney, you might either settle for a low settlement or fail to get any kind of compensation. An attorney is a professional who has experience in handling personal injury cases. So, it is best to let them take the wheel and pilot the case. The things that were mentioned above might look easy, but in reality, it is not easy to prove everything. A lawyer can help you in collecting evidence and prove the negligence of the defendant. Remember to visit a doctor before filing a lawsuit. Your health comes first. In addition, the medical treatments you receive are proof that you got injured.