Protecting your integrity after a bicycle collision that was not your fault can be complicated since these cases usually resolve around establishing the negligence of the other driver. There are many ways that a wounded cyclist can accomplish this, and the process is generally simplified with the assistance of a seasoned bicycle crash attorney.
It is also crucial for bike riders to understand their obligations, protections, and rights under state law, since knowing these factors helps streamline the process of filing a claim for damages. Thankfully, an intelligent attorney can outline these laws and establishing liability in San Antonio bicycle accidents, to help you move forward with your case.
Recognizing a cyclist’s rights, protections, and required behavior significantly helps a rider understand what happens during the process of establishing liability. Generally speaking, cyclists are required to follow the same rules of the road as a motorist. This means that bike riders need to ride on the roadway, respect traffic lights, stop at stop signs, yield when they need to, and turn on safety lights at night. State law enforcement usually oversees these regulations carefully, to help keep both drivers and cyclists safe.
When it comes to protections offered to bikers, state laws treat them just like another vehicle. This means that passenger car drivers need to pay close attention to cyclists, yield to them whenever necessary, and give them the right of way they deserve. Automobile drivers also need to refrain from entering bike lanes since these zones are designed to keep bike riders safe on heavily trafficked roads.
Following laws and recognizing deserved protections is crucial since being careful could significantly lessen a bicycle riders’ liability in an accident. An experienced attorney in San Antonio can explain the relationship between cycling laws and liability in more detail, to help plaintiffs protect their rights on the road.
The actual process of establishing liability and calculating blame in a bicycle accident case can quickly become complicated, especially for an unrepresented rider. Fortunately, a tenacious attorney can help. Generally speaking, a legal representative will work to demonstrate that the other driver failed to act reasonably and prudently, as other motorists would have behaved under similar circumstances.
A legal representative can establish this breach of a duty of care by conducting a thorough investigation, speaking to witnesses, obtaining law enforcement crash reports, collecting 911 call recordings, and examining any other relevant factors like body cam, dash cam, or surveillance footage. A jury will then assess this evidence and determine the percentage of liability that each involved party shares for the accident. For example, in some cases, a driver might be 100% responsible for the injuries. In others, a cyclist might be 20% responsible and the motorist 80%. This information would likely impact the process of collecting monetary damages.
When it comes to collecting financial compensation after establishing who is liable for a bicycle accident, the state’s comparative negligence framework often influences the monetary damages that plaintiff’s collect. For instance, if a bike rider caused 25% of an accident in a case with an award of $100,000 in damages, the cyclist would only be able to acquire 75% of this compensation. If a biker caused more than 50% of the wreck, they unfortunately cannot collect any repayments.
Allegations that a plaintiff caused a portion of a bicycle crash can be frustrating, especially for riders who know that they were navigating carefully. Fortunately, a tenacious attorney in San Antonio understands how to combat allegations of shared blame and can fight to demonstrate a defendant’s full liability after a bike accident.
If you were hit by a negligent driver while riding your bike and you know that you were following the right laws, you should reach out to a hardworking lawyer about establishing liability in San Antonio bicycle accidents. These cases can quickly become overwhelming for anyone, especially cyclists who were left with severe injuries.
A dedicated team member could assess the crash, demonstrate that you were not to blame, and resolve any complications that arise during the claims filing process. Reach out to our office today to get started on your case.