Many people bear the cost of medical treatment, pain, suffering, and loss in wages due to a bicycle accident on their own. This is because they are not aware that if an automobile is involved in a bicycle accident, then the liable person is responsible for giving compensation to the injured person. Every day, there occur many bicycle accident cases, but only a few of them get compensation from the involved automobile owner because of the lack of knowledge.
Bicycle accidents can sometimes lead to major injuries or physical suffering, which can put you in bed for an extended time. Likewise, any other road accident law, the bicycle accident law also states that the victim will receive the compensation. The most basic reason for getting compensation from the involved automobile is negligence because, in such cases, the cyclist gets injured because of the ignorance, carelessness or complete ignorance to the actions from the driver.
The basics of bicycle accident liability
Both the cyclist and the driver of any automobile are bound to follow the street rules. Along with the basic traffic rules, the street rules also includes the duty to practice ordinary care regarding their own safety together with fellow movers. Just like any other road accident law, bicycle accident cases are handled by state law and informed by both state and local traffic laws.
What does negligence mean in bicycle accidents?
Before filing a lawsuit, you should know that the outcome of the lawsuit filed for getting compensation in the bicycle accident case depends on two circumstances. First, whether the accident occurred because of negligence o resulted in the part of the driver, which resulted in an injury to the bicyclist. Second, did the bicyclist’s carelessness caused or contributed to the accident.
In case of negligence from the driver’s end
There are many ways to prove negligence on the driver's end such as high speed, moving at a red signal, stunts in the bike lane, and ignoring traffic rules. All such negligence which involves the meagre breaking of the traffic law or recklessness ae enough to file a lawsuit because the driver is at fault. However, you need to prove that the driver acted in a way that led to the violation of the duty owed to you. And here, in this case, the duty is to take care of everyone else moving on the road. All the accident lawsuits are carried out based on facts, evidence and eyewitnesses.
In case of negligence from cyclist’s end
The cases of cyclist filing a lawsuit against the driver or vice versa depending on whether there was any negligence from the cyclist’s end or not. Situations like driving in the one-way street or on the wrong way can lead to the oversight from the cyclist. You should know that if the driver involved in the case proves that the negligence from cyclist caused or contributed to the accident then the cyclist is not liable to get any compensation for the injury which he has suffered during the accident.
How to file a lawsuit for a bicycle accident?
You should firstly click the picture of the place where the accident took place along with the image of the driver involved in the case. Along with this, you should also note down the automobile number and get the contact information of the people who can later act as an eyewitness in your case. All these things will serve as a substantial piece of evidence in your case.
Then you should start searching for the best bicycle accident lawyer in your city, for example, if you are living in Miami, then you just need to type bicycle accident attorney Miami, and you will get a long list of lawyers. After choosing the right lawyer by searching for bicycle accident lawyer Miami, approach the lawyer to help you will file a lawsuit. He will help you in getting the right compensation by representing you in court.
So, if you have been injured in a bicycle accident because of the negligence of a driver, then you are eligible to get compensation as per the law. You should always choose the best lawyer for such lawsuits as it will increase the chances of getting the right compensation.