HOW to Prove Negligence in a Bicycle Accident Injury Case

A cyclist that has been hit by a vehicle can result in catastrophic injuries and repercussions. When drivers don't share the road, you're at greater risk of injury Just keep in mind that, by nature of simply riding along a highway or roadway as opposed to driving within one: cyclists are the lightning rod for drivers' idiots and it could alter your life forever. At Beverly Hills Injury Firm, we assist bicyclists who have been injured in accidents to fight for the compensation they are entitled by litigating comprehensive and supported legal cases.

Learn How to Prove Negligence in a Bicycle Accident. If you are injured in a bicycle accident and believe that the driver was at fault, you need to be familiar with how you can prove negligence. Below, we discuss the applicable law more in detail also prepare for aligning your evidence and speaking to a lawyer.

Table of Contents

Add a header to begin generating the table of contents

Bicycle Accident Negligence

Negligent Act must be Proved by the Four Legal Elements of Negligence. You will need to meet the following 4 legal elements of negligence to be a winner winner chicken dinner in a personal injury claim.

Failing to yield to a cyclist

Distracted driving (e.g., texting)

Exceeding speed limits or ignoring traffic signals

Dooring a cyclist by opening your car door in his path

Failing to yield

Driving under the influence

In order to obtain a settlement, your attorney will have to demonstrate that the driver was negligent and this caused you harm.

The Four Elements of Negligence

Negligent Act must be Proved by the Four Legal Elements of Negligence. You will need to meet the following 4 legal elements of negligence to be a winner in a personal injury claim.

Duty of Care: Every driver is expected to drive with care, for the safety of all road users, including cyclists. This means you have to follow the same traffic laws and your basic responsibility is not being an aggressive driver that will do something stupid next to a vulnerable road user.

Breach of Duty: A breach occurs if a driver does not meet that duty. That could consist of not passing a cyclist with three feet to spare, or failing to look over your shoulder into the blind spot… or maybe you forget a turn signal. This element pertains to the careless or illegal actions (or inactions) of the driver.

Causation: Not only must the driver be proven to have been negligent, but that proof is not sufficient. You must demonstrate that what they did actually caused your accident and the resulting injuries. That’s an important link between the driver screw up and your resulting harms.

Damages: Not to mention, you also have to show that you suffered real damages that can include things such as physical injuries, emotional distress, lost wages and medical bills. The more complete your records, the better your case.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

Examples of Evidence in Support of
a Bike Accident Claim

You will need good evidence to provide your lawyer, so that you can establish the negligence of the other party and get maximum compensation. Some common key elements of evidence are:

Police Reports: Written documentation could find the at-fault driver at fault
Photos /video- Photos of your injuries, bike damage, road conditions & crash scene are very important.

Witness statements: proof that the fact happened other than your own version of things.
Your Medical Records: Hard evidence of your injuries, what procedures you underwent and any lasting impacts.

CCTV or Dash Cam Footage: Real time footage proves the driver was at fault.

Bicycle Computer or GPS: This can show your speed, what direction you were headed, and where the crash happened.

Personal injury expert witnesses to help explain complex facts in court, such as accident reconstruction specialists or medical experts. The stronger the evidence, the more bargaining power it will give your attorney for discussions or display at trial.

OUR CLIENTS ALWAYS COME FIRST

GET STARTED

OUR CLIENTS ALWAYS COME FIRST

GET STARTED

California's Comparative Negligence Rule

Californian courts follow the rule of pure comparative negligence, so even if you were 99 percent at fault, you could still theoretically recover damages for that one percent. If, for example, you were determined to be 25% liable for the accident then your damages would be decreased by 25%.

This is why you need to establish a case showing that the driver was primarily at fault, something which can be done by an experienced attorney.

WHY USING a Lawyer is Crucial for Cyclists

Bicyclists are easy scapegoats for insurance companies. Victims without a lawyer regularly encounter bad faith denials, lowball offers, and delayed claims.
You count on Beverly Hills Injury Firm to:

Investigate the accident thoroughly

Determine all responsible parties, for liability to cities and owners of commercial vehicles

Collect and preserve critical evidence

Get help form Accident reconstructionists and Medical experts

Negotiate aggressively with insurance companies

If need be, sue

We are primarily committed to getting you the best settlement that is necessary for providing care, you must be able to recover, not merely in health terms but also financially and emotionally. In any instance, California law has statutes of limitations that serve as strict deadlines for personal injury claims. You only usually have two years from the date of the accident to file your lawsuit. Some have as less six months, if the government entity is involved.

Don’t wait. The faster you act, the stronger your case will be.
Schedule Your Free Consultation Today
If you have been injured in bicycle accident, you need a strong advocate who knows how to work with the law, the insurance system and most importantly, to prove negligence. Beverly Hills Injury Firm is here to fight for the justice and settlement that you deserve.
Contact us today to book your free consultation.
Stay on the path to a full recovery, we can take care of fighting in court.

We offer free consultations

GET STARTED

We offer free consultations

GET STARTED

SCHEDULE A FREE CONSULTATION TODAY!

Note: This guide is for informational purposes only and does not constitute legal advice.

FOUNDER & TRIAL ATTORNEY

Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

FREE CONSULTATION