Proving Negligence in Austin Bicycle Accident Cases
It is understandable to assume that a driver who strikes and injures a bicyclist on a public road is always legally at fault for the incident, since that driver is much less likely to get hurt in this type of collision when compared to the bicycle rider. In reality, civil courts do not assume that one side or the other is to blame for a particular accident based solely on who was hurt in it.
Instead, the injured plaintiff holds the legal burden of proof in their bicycle accident claim. This means they cannot recover compensation until they can show through a preponderance of the evidence that the defendant they are suing was negligent in some way. Here is a brief overview of what proving negligence in Austin bicycle accident cases actually entails, as well as what a skilled attorney from Felix Gonzalez Law can do to simplify and streamline that process.
What Makes Someone Legally at Fault for a Bike Injury?
In the context of personal injury law, negligence has four components, which must all be present for a lawsuit or settlement demand to proceed that is built around this principle:
- The existence of a duty of care owed by the defendant to the plaintiff
- A specific reckless, careless, or illegal act by the defendant that constitutes a breach of their duty
- Direct causation of an otherwise avoidable accident through that breach of duty
- Direct causation of a physical injury, requiring some form of professional medical care, through that accident
All drivers have a duty of care to act lawfully while driving and to watch out for other people near them, including bicyclists. However, establishing that a specific act by a motor vehicle driver was the main and direct cause of an Austin bike wreck, which counts as legally actionable negligence, can be a much trickier process. A skilled attorney can further explain this situation during an initial meeting.
Important Evidence for Establishing Legal Negligence
Sometimes, a bicycle collision in Austin can be traced back to an objective violation of state law, such as speeding, drunk driving, or texting while driving. In those situations, proving negligence may be a straightforward process of referencing a police accident report, which includes a citation against the defendant driver for a specific unlawful act. This may then connect the accident caused by that act to the losses for which the plaintiff is seeking compensation.
In other situations, negligence may be a more subjective matter that is harder to quantify. For example, if a driver fails to check their blind spots before turning and strikes a biker as a result, they would still be negligent according to the law. However, there might not be a note in an ensuing police report that confirms they were negligent in that specific way. Accordingly, it may fall to the injured bicyclist to prove fault for their accident through evidence, such as witness testimony, crash scene photos, and dashboard or traffic camera footage.
Speak With an Attorney for Help Proving Negligence in a Bicycle Accident Case in Austin
Proving negligence in Austin bicycle accident cases is just one part of the civil litigation process. You may also need to establish that you suffered specific losses as a direct result of your accident, identify a fair financial value for those losses, and demand restitution for them within applicable filing deadlines. This can all be prohibitively difficult to manage alone. Fortunately, you have help available from the team at Felix Gonzalez Law. Call the office today to schedule a consultation and discuss your potential case.
