Although biking is a convenient and enjoyable mode of transportation, it comes with its risks. Even if you wear a helmet, follow applicable traffic laws, and act as a responsible rider, reckless and careless drivers could still put you at risk of serious injury.
If you were hurt in an auto-bike collision caused by a negligent motorist, there are legal options for holding them accountable and recovering the compensation you deserve. Speak to a Wilmington bicycle accident lawyer to discuss your potential case. At Doroshow, Pasquale, Krawitz, and Bhaya, our experienced attorneys can help you build a strong civil claim and assert your right to fair restitution for your losses.
Proving Fault for a Bike Wreck
Like most types of personal injury cases, bike crash claims typically revolve around an allegation of negligence. This means that an injured bicyclist (the plaintiff) bringing a claim against one or more defendants must demonstrate the following elements of legal negligence:
- A duty of care
- A breach of duty
- Causation of an collision
- Compensable losses due to the collision
Every driver has a duty to follow traffic laws and otherwise act as a reasonable person would behind the wheel, so the first element of negligence is typically easy to prove. However, it can be difficult to show that the defendant engaged in a careless act that constituted a breach of duty and led to compensable damages.
Pursuing Damages for Biking Injuries
A skilled attorney at our Wilmington office can investigate a bicycle wreck and gather crucial evidence for proving negligence in civil court. Injured bikers should seek legal assistance in proving a party’s fault for their losses. If successful, a bicyclist and their lawyer could pursue compensation for both economic and non-economic damages, including:
- Bike repairs
- Medical bills
- Missed work income
- Various forms of pain and suffering
Filing Deadlines for Bike Collision Claims in Wilmington
Another aspect of personal injury law that injured victims should be aware of is the statute of limitations. Under Delaware Code Title 10 §8119, anyone seeking compensation for biking injuries generally has only two years from the date of the incident to file suit.
However, there are a few unique situations that may have different statutory filing deadlines. For example, if the injured bicyclist is a minor child, the filing period of two years will not start until they turn 18. Additionally, any claim pursued against the City of Wilmington (or any of its departments or agents) has a filing deadline of one year from the date of injury, as per Del. Code Tit. 10 §8124. Because of these legal nuances, anyone considering a claim for a biking collision should first consult a knowledgeable local attorney.
Speak with a Wilmington Bicycle Accident Attorney for Legal Guidance
Collisions between bikers and motorists can be especially devastating for cyclists, and these types of incidents often cause severe injuries. However, victims may face difficulties trying to prove legal negligence and recover compensation without dedicated legal counsel.
If you were hurt while biking because of someone else’s carelessness, reach out to a Wilmington bicycle accident attorney at our firm. The lawyers at Doroshow, Pasquale, Krawitz, and Bhaya can offer support and advocate on your behalf throughout the entire legal process. Call us today to learn more.
