At our law firm, we often receive calls from someone who has been hurt in an accident asking what they need to know to prove their bicycle injury case. Here are some key factors that need to be present in order to have the best chance of receiving financial recovery for any losses you suffered as the result of a collision or if tragically, your loved one died in a fatal cycling accident:
- First, the driver must have been at fault in causing the accident.
- Second, the driver’s improper act must have caused the injury or loss to the cyclist.
- Third, the cyclist or the cyclist’s survivors suffered losses.
Proving Who Is At Fault
Sometimes the insurance company will argue that the cyclist contributed to causing the accident and is partly at fault or mostly at fault. When this happens, you will want to reach out to an experienced attorney who has the knowledge and ability to prove the fault of the driver and minimize arguments that you, the cyclist shared the blame. This is important, because the amount of the recovery will be reduced by any percentage of blame that can be proven against the cyclist. The legal term is known as comparative negligence.
Jim Dodson is a Florida personal injury attorney who has helped bicycle accident victims recover their accident related losses for more than 25 years. If you were injured as the result of a collision with a motor vehicle while cycling and you have questions, give Jim a call at 727-446-0840.
Or if you are looking for information and want to learn how to better protect yourself from the negligence of others, order your free copy of Jim Dodson’s Florida Bicycle Accident Handbook.