Anyone operating a motor vehicle on a public road must look out for bicyclists. Unfortunately, not every driver takes as much caution as they should. When a negligent motorist collides with a cyclist, the biker is more likely to sustain severe injuries.
If you were harmed while riding your bike, you should discuss your legal options with a Gilbert bicycle accident lawyer. Following an initial consultation, a seasoned personal injury attorney could work with you to prove liability and seek appropriate compensation through a settlement or lawsuit.
All drivers have a legal obligation to drive safely and adhere to state traffic laws. Any motorist who violates those laws by speeding, driving while distracted, or engaging in other reckless behavior may be considered negligent.
In a bike accident case, the plaintiff must prove the defendant’s negligence directly caused the collision and their damages. If the injured biker is successful in establishing negligence, the at-fault party may be held financially liable.
Plaintiffs should be aware of the pure comparative fault system under which state courts operate. Under Arizona Revised Statutes §12-2505, a court may reduce a plaintiff’s damages award based on their degree of fault.
State law does not require cyclists to wear helmets, but the defendant may argue that the injured party is partially responsible for their damages if they were not wearing head protection. Hiring a lawyer who could contest these kinds of allegations is crucial in a bicycle crash claim.
Injured parties may seek compensation for a variety of economic and non-economic losses with the help of a bike accident attorney. Depending on the case, recoverable damages could include:
It is important to note that there is a deadline for filing personal injury claims. This time limit is known as the statute of limitations. According to A.R.S. §12-542, most injured parties must file suit no later than two years after the date of the accident.
Failure to do so may result in the dismissal of the case. If the court dismisses a plaintiff’s claim, they may not receive compensation. A diligent lawyer who focuses on cycling accident cases could help injured parties keep up with important deadlines to protect their right to pursue damages.
The aftermath of a bike wreck can be overwhelming, as these types of accidents have significant consequences. Victims may incur considerable financial losses due to their injuries. If you sustained damages in a bike wreck due to another person’s negligence, talk to an attorney. You may be able to pursue compensation in a legal claim.
A qualified Gilbert bicycle accident lawyer could help you assess your losses and build a case against the at-fault party. Get in touch with our firm today to schedule your initial consultation.