Imagine the perfect bike ride: the wind whipping through your hair, the sun on your face. Suddenly, a car door swings open, or a driver turns left without seeing you – and your peaceful ride turns into a nightmare. Injured and facing mounting medical bills, you’re now wondering, “Who is at fault in a car-bike accident?”
Understanding bicycle-car accident fault is critical to a successful claim. This article explains the secrets of proving fault and securing the compensation you deserve. Read on to learn more about navigating a car-bike accident scenario and recovering damages for your injuries.
How to Prevail on a Bicycle Accident Claim
So, how do you prove fault in a bicycle accident case? Succeeding in a bicycle accident claim hinges on proving the at-fault party’s negligent conduct. This legal concept requires establishing four key elements:
- Duty of care. The other party owed you a legal obligation to act reasonably to avoid causing harm. All drivers must share the road safely with cyclists.
- Breach of duty. The other party violated this duty by acting negligently. Examples include distracted driving, speeding, failing to yield the right of way, or driving under the influence.
- Causation. The driver’s negligence directly caused your accident and injuries. Evidence like witness statements and police reports help establish this link.
- Damages. You suffered quantifiable losses from the accident, including medical expenses, lost wages, and property damage. Medical records and pay stubs serve as proof of these damages.
In a car-bike accident, determining who is at fault requires satisfying these elements. Without an attorney, succeeding on a negligence claim can be challenging. Don’t miss out on recovering the compensation you deserve by failing to hire an experienced personal injury attorney.
What Damages Can I Recover?
New Jersey law permits injured victims to recover compensatory damages to make them whole after a traumatic accident.
Economic damages represent quantifiable losses with clear monetary value. They include:
- Medical expenses. Compensation covering past and future medical bills associated with your injuries, including doctor visits, medications, physical therapy, and surgeries.
- Lost wages. You may recover income lost due to your inability to work due to an accident and future lost earnings if your injuries limit your capacity to work.
- Property damage. The cost of repairing or replacing your damaged bicycle and other property damage is a recoverable loss.
Tangible evidence such as pay stubs, invoices, receipts, and other documentation help support your demand and assist your attorney in calculating an accurate value for these losses.
Noneconomic damages include intangible losses that are more subjective and difficult to quantify. They may include:
- Pain and suffering. Compensation is available for physical and emotional pain caused by the accident and your injuries.
- Loss of consortium. If your injuries impact your ability to maintain your usual relationship with your spouse, you may seek compensation for this loss.
- Loss of enjoyment of life. The inability to participate in activities you once enjoyed due to your injuries is a compensable injury.
Due to their subjective nature, noneconomic damages are challenging to establish without the legal experience and knowledge of a qualified attorney.
Common Causes of Bicycle Accidents
Understanding common causes of bicycle accidents can help you identify potential negligence in your case:
- Dooring. A driver opening their car door into the path of an oncoming cyclist.
- Right-of-way violations. Drivers failing to yield at intersections or stop signs can cause T-bone accidents.
- Left-turn crashes. Drivers turning left may fail to see cyclists going straight, leading to a collision.
- Unsafe passing. Drivers who pass cyclists too closely or don’t leave enough space increase the risk of accidents.
- Distracted driving. Texting, talking on the phone, or eating while driving can divert a driver’s attention, leading to accidents.
Speak to an attorney as soon as possible. They can help you navigate the legal complexities, investigate your case, and help prove fault in your case so you can recover the compensation you deserve. An attorney can begin building a solid case from the outset, maximizing your chances of a successful outcome.
Need Help Proving Fault in a Bicycle Accident Case? Contact Us Today
At Glugeth & Pierguidi, P.C., we understand how hard it may be for you and your family to pick up the pieces after a devastating accident. It’s vital to seek the medical treatment you need right away and then call us for answers to your questions. We carefully listen to your story so we can prepare a successful strategy for negotiating and litigating on your behalf. We aim to achieve fairness, justice, and the maximum compensation you deserve for your injuries. Don’t miss out on the financial support you need and deserve. Contact us today for a free consultation to learn more about how Glugeth & Pierguidi, P.C., can help you hold the right person responsible for your life-changing injuries.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
Loading...