Seeking Damages After a Bicycle Accident
Author: Auger Law | June 7th, 2017
Many people believe that biking is a safer mode of transportation than, say, driving a vehicle. It makes sense: Bicycles do not travel as fast, they aren’t permitted on highways and, in a pinch, can be maneuvered into tighter spaces. All of that said, bicycle accident do occur, and they occur frequently.
When a person is involved in a bicycle accident, especially an accident with a motor vehicle, they may sustain catastrophic injuries. In some instances, bicycle accidents are so serious that they result in a fatality. Being hurt in a bicycle accident is painful and scary, and we are frequently contacted by bicycle accident victims that want to know what they may be entitled to under the law.
Do I need a lawyer for my bicycle accident? Call us and we can help you figure out if a hiring our firm is the right decision for you following your bicycle accident. Below is some of the information that we will want to discuss with you.
1. Who caused the accident?
Negligence is one of the elements that must be proven in any personal injury lawsuit. When the other party involved in the accident is cited for a traffic infraction it can be a helpful fact in proving your case. Please note that just because the other driver did not get a ticket, it doesn’t mean that the other driver was not responsible for causing the accident.
2. Were You Injured?
In order to have a successful personal injury lawsuit, you must have been injured in some way. This is easy to prove if you received medical care. Whether you had a doctor’s appointment to treat your injury or were hospitalized, your medical records from all of your medical providers will be necessary in proving your injury case.
3. Was the Victim a Child?
Maybe it wasn’t you that were injured in the bicycle accident, but it was your child that was involved in an accident. Drivers may be held to a different standard of care if a child was involved. This can be an important fact in proving that the other driver breached their duty of care.
4. Was Your Bike Damaged?
If your bicycle was damaged in the accident, don’t throw it away. Taking pictures of the damaged bicycle and storing it away for potential use as evidence later on can be essential to illustrating how the accident happened or the seriousness of the accident.
5. Did You Obey the Law?
At the time of the accident, were you riding with the flow of traffic? If the accident was not during daylight hours, was your bicycle equipped with lamps that were turned on? Were wearing a helmet? If you can prove that you took all of the precautions necessary for a person riding a bicycle, you may have an easier time being successful with your personal injury claim or lawsuit.
Call Auger & Auger for a Free Case Evaluation
If you have been involved in a bicycle accident in Charlotte or the surrounding area, our team of attorneys is ready to represent you in court. Call today to schedule your appointment for a free case evaluation and let us tell you how we can be of assistance. We will review every aspect of your case to help you determine whether or not you have a solid case to bring to court.
