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.