While city leaders have invested in increasing the infrastructure for bicyclists on local roadways, there continue to be dangerous areas for local riders in San Antonio, including areas of heavy traffic such as Loop 410 and congested intersections in the urban core, as well as the less bicycle-friendly west side. When a bicycle accident occurs as a result of the negligence of another roadway user, the rider generally can seek compensation for the financial and psychological costs of their injury through the state’s personal injury claims process. However, to be successful in their claim, the rider must be able to prove that the other party was negligent. Proving negligence in San Antonio bicycle accident cases is one of the services provided by an experienced attorney from Felix Gonzalez Accident and Injury Law Firm.
Those who operate vehicles on public roadways are required to exercise a duty of care to avoid causing harm to other drivers. This duty includes taking reasonable actions such as obeying traffic laws and ensuring the vehicle is properly maintained. If a driver fails to do that and causes an accident with a bicycle, they can be found negligent and responsible for the costs of the harm caused to the rider.
To be compensated for the expenses and impacts of an injury in a San Antonio bicycle accident case, the rider’s lawyer must prove the elements of negligence, which include:
In addition to satisfying all three of these elements to prove negligence in a bicycle accident case, the rider’s lawyer also must show the costs and losses the rider incurred to justify the value of the claim.
To satisfy the first element of negligence in a San Antonio bike crash claim, which is showing that the driver owed a duty of care, it must be proven that the driver was, in fact, involved in the accident. The types of evidence used to show this may include the driver’s license information provided at the scene, as well as witness statements and video surveillance footage.
Witnesses and video footage may also help satisfy the second element, which involves a breach in the driver’s owed duty of care. The examples of the types of driving behaviors that could breach the duty of care and cause an accident include speeding, driving while impaired or distracted, or failing to yield the right-of-way.
Finally, the rider’s lawyer must satisfy the element that connects the driver’s behavior with the injuries sustained by the rider. Evidence used in proving this element may include medical documentation of the injuries, such as the doctor’s notes.
Proving negligence in a bicycle accident case is one of the most important requirements to have a positive outcome to the claim. It is also one of the major services provided by a bicycle accident lawyer. To learn more about the claims process and receive answers to the legal questions you have about your case, contact us for a free case evaluation.
