Proving Negligence In a Bicycle Accident Injury Claim

Posted By Piscitello Law || 2-Mar-2016

Like many other types of personal injury cases, bike accident injury claims typically center around the legal concept of negligence. While negligence is easily understood, proving it in court can be far more difficult. For this reason, it is crucial to retain a skilled Philadelphia bicycle accident attorney immediately if you’ve been hurt in such a crash. In this blog, we take a look at the four elements of negligence, and how they can impact a bike accident case.

Have you been injured in a Philadelphia bicycle accident? Call us today at (215) 372-8768.

1. The Motorist Owed You A Duty

Both drivers and cyclists alike have certain obligations when traveling on the road. These include, but are certainly not limited to, your duty to:

  • Stop at red lights/stop signs
  • Drive in accordance with the speed limit
  • Checking before merging lanes

In a bicycle accident injury claim, your attorney must first prove that the motorist owed you a duty. In a typical “left cross” accident, for example, the driver has a duty to wait until there is sufficient room before making a left hand turn.

2. The Motorist Breached This Duty

Once you’ve proved that the motorist had a duty to act in a certain way, you then must prove that they breached this duty. In our previous example, the driver had a duty to wait until it was safe to make a left turn. If they turned too quickly and hit a passing cyclist, they have failed in this duty. Again, this is easy to understand, but much more complex to prove in court.

3. The Breach Directly Caused Your Injuries

At this point, you have established that the motorist had an obligation to you, but failed to live up to this. You must then prove that this breach of duty actually caused your injuries. Things like medical records and expert witnesses are often crucial in this stage.

4. Your Injuries Are Eligible for Compensation

This step is in part a negotiation over how much your injuries, and other damages, are actually worth. Things like damage to your car are easy to assign value to, but pain and suffering can be much tougher. Your attorney will need to often need to rely on medical experts to determine fair compensation.

Not sure if you have a case? Get started today with a free case consultation.

Categories: Bike Accidents

The level of care and attention we provide is unparalleled.

See how we approach every case.

  • Extensive Network of Engineers & Physicians

  • Every Case Receives Our Undivided Attention

  • We Can Travel to Your Home or Hospital

  • Aggressive Advocates for Injured Cyclists

  • We Offer Complimentary Case Evaluations