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As a bicyclist on the road, you may encounter a number of hazards on even a short ride, especially if you live in a busy city. Unfortunately, that means you could end up in an accident with a driver, leading to medical bills and pain. If you’re a cyclist who has a personal injury case, here’s what you need to know.

A Brief Guide to Personal Injury Cases Involving Cyclists

What Do Bicyclists Need to Prove for a Successful Claim?

Both bicycle riders and drivers owe a duty of care to those they share the road with. This means they need to follow the rules of the road, use their common sense, and avoid actions that might harm others. If you can prove that the driver breached this duty, you’ll be on your way to filing a successful claim.

However, you’ll also need to prove that this breach was responsible for the accident and that the incident was the direct cause of your injuries. For example, if you already had chronic knee pain, you can’t hold the driver responsible for your medical bills.

What Are Some Examples of Driver Negligence?

personal injuryProving that a driver breached their duty of care means showing that they acted negligently or recklessly. In most cases, negligence is the issue. Examples of negligent driving include exceeding the speed limit, failing to use the turn signal, or drifting into the bike lane.

How Does Cyclist Negligence Affect Claims?

In some cases, the cyclist may be partly to blame for the accident. For example—even if the driver forgot to use their turn signal—if you veered out of the bike lane and into theirs, you might be deemed negligent, too. Unfortunately, contributory negligence might leave you ineligible for compensation from the driver’s insurance company, or the compensation may be discounted.

 

If you were involved in an accident like this, get in touch with Neimark & Neimark in New City, NY. Serving Orange and Rockland counties, they have over four decades of experience helping clients in personal injury cases, whether you were injured in a slip-and-fall, car collision, or nursing home. Whether you’re looking for help with negotiations or want to go to trial, visit the website. Call (888) 725-7424 to schedule a consultation. 

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