Riding a bicycle can be a fun, inexpensive, and environmentally friendly way to get around town, but it also comes with its fair share of risks. Even if you wear a helmet, pads, and reflective clothing, an encounter with a reckless or careless driver could leave you seriously injured and burdened with significant financial losses.
Filing suit against a negligent driver can be a complex endeavor without legal support from an Elsmere bicycle accident lawyer. To simplify the process, speak with a seasoned personal injury attorney who could let you know what your rights are, determine what damages you could be eligible for, and work tirelessly to pursue the recovery you deserve.
How Does Liability Work in Bicycle Crash Claims?
Lawsuits involving collisions between bicyclists and motorists work in the same way as litigation for motor vehicle crashes. Essentially, a driver who engages in negligent behavior and violates a duty of care owed to others on the road can be held financially liable for a biker’s compensable losses in a collision.
Importantly, a reckless act like speeding or drunk driving must be the direct or proximate cause of a bicycle accident in order for the driver to bear liability. This means that someone’s negligent behavior a few minutes before the bicycle accident may not be enough to justify a case. Speaking with an Elsmere bicycle accident attorney could help clarify whether a particular set of circumstances could give rise to a valid claim.
Maximizing Compensation for Biking Injuries and Losses
A successful bicycle collision case allows an injured individual to recover for any form of harm they experienced as a result of their crash. A comprehensive lawsuit or settlement demand could seek restitution for both economic and non-economic losses, such as:
- Medical bills
- Lost wages
- Physical pain
- Emotional suffering
- Long-term effects of permanent disability or disfigurement
Although bicyclists are more susceptible to serious injuries in vehicular collisions, the driver will not always be found completely at fault. Under Delaware Code Title 10 §8132, any biker who is found partially responsible for causing their own injuries may have their total damage award reduced according to their percentage of fault. Significantly, any plaintiff who is 50 percent or more at fault will be barred from recovering any compensation. Essentially, if a jury finds that the bike rider did more to cause the collision than the car driver, the bike rider cannot recover anything, even if they are badly injured.
As such, it is crucial for injured bikers to work with a seasoned attorney to effectively counter accusations of comparative fault made by defendants. A skilled bike accident lawyer could help an injured Elsmere resident to avoid liability and secure the financial recovery they need and deserve.
Discuss Your Case with an Elsmere Bicycle Accident Attorney
Any biking accident can be painful and debilitating, but getting hit by a car while riding often results in the most severe injuries. Fortunately, you may be able to protect your financial and physical well-being after a biking wreck by filing suit against the person responsible for it.
After seeking appropriate medical treatment for your injuries, your next priority after a serious crash should be contacting an Elsmere bicycle accident lawyer at our firm. Call today to set up a consultation with an experienced attorney at Doroshow, Pasquale, Krawitz, and Bhaya.
