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Riding a bicycle comes with benefits like getting exercise and saving money on gas and car insurance. Unfortunately, riding a bike can also place you at a serious risk of harm, as collisions with motor vehicles may inflict life-altering injuries.
While cyclists who suffer these injuries may have the right to seek compensation, the fact that a plaintiff was riding a bike does not automatically mean the defendant driver was to blame. You still bear the burden of proving a defendant is negligent to recover damages.
A Wellington bicycle accident lawyer at Aronberg & Aronberg, Injury Law Firm knows what it takes to pursue a successful injury claim. A legal professional from our firm could gather evidence, leverage that evidence into persuasive demand packages, and fight to preserve your rights throughout the claims process.
When drivers get behind the wheel, they assume a legal duty not to place any other person at unreasonable risk of harm. This duty extends to other drivers as well as bike riders sharing the road and pedestrians crossing it. Failing in this duty in such a way that causes physical injuries constitutes negligence. As a result, a driver may be at fault if they run a red light, do not properly signal a lane change, or fail to yield to a bike rider.
An injured plaintiff bears the burden of proving how a driver failed to provide this protection. Riders should also be aware that they could share fault for the incident. State law requires courts to evaluate the actions of all parties involved in a bike crash. If that court determines that a plaintiff shares some responsibility for the incident, the court must reduce the plaintiff’s award. If a plaintiff is more than 50% responsible for their own injuries, they may not be eligible for compensation. A Wellington attorney could help prove that a defendant was the sole liable party for a bike crash.
The fact that a bicycle crash was an accident does nothing to change a negligent driver’s responsibility to compensate injured parties. This compensation may cover a rider’s losses related to their injuries. The clearest example of recoverable damages is payments for all necessary medical care, including emergency treatments, hospitalization, and medications.
Injured plaintiffs may also show how the incident has affected other parts of their lives. After a catastrophic collision, many people suffer emotional trauma in the form of pain, nightmares, or PTSD. While difficult to measure, these losses can form a significant portion of a claim for damages.
If an injury is severe enough to prevent a person from working, a defendant is also liable for reimbursing these lost wages. In the most extreme examples, an incident can result in a permanent injury, and compensation may include all anticipated lost earnings. A Wellington personal injury attorney could evaluate how a collision has affected a bicyclist’s life to build a comprehensive demand for fair compensation.
The moments following a bicycle accident are crucial to protecting your rights. It may be overwhelming to recover from your injuries while working to gather evidence, defend your actions, and measure your losses. Many injured individuals find themselves at the mercy of aggressive insurance companies and lose out on thousands of dollars of compensation.
A Wellington bicycle accident lawyer could help. Our legal team could handle every portion of your claim, protecting your rights and defending against allegations of comparative negligence. Our goal is always to get the compensation you need through insurance settlements or litigation. Contact Aronberg & Aronberg, Injury Law Firm today to discuss how we could support you.
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