When cyclists share the road with inattentive motorists, the results can be devastating. If you were struck by a car while cycling, you may have a valid claim for compensation. A skilled personal injury attorney can help you pursue damages by filing a civil lawsuit against the driver that struck you.
Bike riders on the road have the same rights and responsibilities as car drivers. Contact a Henrico County bicycle accident lawyer to discuss holding a negligent driver accountable.
A cyclist who sustains injuries in an accident may only recover compensation if they can establish that the driver was at fault. To do so, a plaintiff must show a judge or a jury that the driver acted negligently in causing the collision. There are specific elements of negligence, and a Henrico County bike accident attorney must establish all of them to recover damages on behalf of the injured party. A plaintiff must prove:
If they cannot prove these facts, it is unlikely that a claim will result in compensation for the plaintiff.
Under state law, every driver on the road owes other motorists, pedestrians, and bicyclists a duty to operate their vehicle in a reasonably safe manner. If a driver gets into an accident with a bicyclist because they violated state or local traffic laws, law enforcement may consider this a breach in their duty of care.
Some other examples of a motorist breaching their legal obligation may include distracted, inattentive, or fatigued driving. If a driver violates their duty owed to a cyclist, they may face liability for any damages that result.
To recover damages, a plaintiff must also show that the defendant’s breach of their duty caused their injuries. Additionally, these injuries must result in actual damages, which can include medical bills, pain and suffering, property damages, and more.
Under a concept known as contributory negligence, Virginia law bars a plaintiff from recovering any damages if they were partially responsible for their accident. A defendant who is found to be 99 percent responsible for a collision can bar the injured party from recovering any compensation if they can prove that the plaintiff was responsible for that remaining one percent of the liability.
Given the strict nature of these laws, it can be crucial for injured victims to work with a seasoned Henrico County bicycle collision lawyer. A well-versed legal professional can help an injured plaintiff persuade a jury that they do not share any of the blame for their accident.
While contributory negligence laws sound challenging, with the right approach and an experienced attorney, you may have a chance to get the compensation you deserve. A skilled Henrico County bicycle accident lawyer can assess your case and determine the best course of action to take. To talk about your legal options, contact an attorney as soon as possible for a case consultation.