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Could you explain how negligence is determined in a bicycle accident case?

Could you explain how negligence is determined in a bicycle accident case

In a bicycle accident case, negligence is determined by assessing whether any party involved in the accident failed to exercise the level of care and caution expected of a reasonably prudent person under similar circumstances. Negligence is a legal concept used to establish fault in bicycle accident cases.

 

How Can a Bike Accident Lawyer Prove Negligence?

To prove negligence, the following elements must be established:

  • The first step in determining negligence is to establish that the party being accused of negligence owed a duty of care to the injured party. In the context of a bicycle accident, both bicyclists and motorists have a duty to exercise reasonable care to avoid causing harm to others on the road.
  • The next element is to show that the party being accused of negligence breached their duty of care. This means that they failed to act with the level of care expected of a reasonably prudent person in similar circumstances.
  • It must be demonstrated that the breach of duty directly caused the accident and subsequent injuries. In other words, the accident would not have occurred if the party had acted with reasonable care.
  • The injured party must have suffered actual damages, such as physical injuries, property damage, medical expenses, lost wages, or pain and suffering, as a result of the accident.

Do I Have to Hire a Bike Accident Attorney to Handle My Claim?

Proving negligence in a bicycle accident case can be complex, as it requires a thorough investigation, gathering evidence, and understanding relevant traffic laws. If you are involved in a bicycle accident and believe negligence played a role, it's essential to consult with a bicycle accident lawyer. An attorney can assess the specifics of your situation, gather evidence of negligence, and advocate for your rights to seek fair compensation for your injuries and losses. While you are not required to by law to hire a lawyer, doing so can give your case the best chance of success.

 

Contact Us Today

If you were struck by a negligent motorist while riding your bike don't settle for less than you deserve. Schedule a free consultation with a bicycle accident lawyer at MVP Accident Attorneys to discuss your case and explore your legal options. Our dedicated team will fight tirelessly to protect your rights and ensure you obtain the compensation you deserve for all accident-related damages. Contact us today to learn more.

Author

brett sachs2
Brett Sachs
Founder

Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.

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