Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Despite the traffic laws intended to keep drivers and cyclists safe, motorists do not always drive as carefully as they should. When someone drives recklessly, it puts everyone on the road at risk, especially cyclists. In a collision between a car and a bicycle, the cyclist is much more likely to suffer severe injuries.
If you are riding a bike, it is crucial to wear a helmet, follow traffic laws, and be aware of your surroundings. However, even if you do all of this, you may still be at risk of getting into an accident. If you were harmed in a cycling collision, reach out to a Holland bicycle accident lawyer today. A dedicated injury attorney can help you seek compensation through a private settlement or civil lawsuit.
Most personal injury claims revolve around the legal concept of negligence, which consists of four crucial elements. To receive any compensation in a bike accident claim, you must first demonstrate the existence of a duty of care, a breach in the duty of care, causation, and damages.
The most essential element of negligence is the existence of a duty of care. In essence, a duty of care is an explicit or implicit obligation one person has to keep another person reasonably safe from foreseeable harm. All licensed drivers in Holland owe a duty of care to those around them while operating a motor vehicle.
A driver can violate their duty of care in several ways, some of which are more obvious than others. For example, a traffic violation will almost always constitute a breach of duty.
It is not enough to prove that the other party breached their duty of care. You must also show a causal link between their breach and the accident in question. For example, if a driver was texting while driving and consequently hit a cyclist, that would serve as evidence of legally actionable negligence.
Still, you must prove that you suffered compensable damages due to the accident. This might involve providing medical records and bills tied to the collision. A bike wreck attorney in Holland can offer further clarification about the options you have for recovery in your situation.
Just because a motorist’s negligence contributed to your injuries does not automatically make that driver fully liable for your damages. In fact, defendants in these sorts of claims often try to pin the blame for the incident on the party seeking restitution.
Under Ohio Revised Code §2315.33, civil courts have the authority to reduce a plaintiff’s compensation by their assigned percentage of fault. Furthermore, anyone found to be more than 50 percent at fault is ineligible to seek any compensation at all. To avoid this potential stumbling block in your cycling accident case, it is best to get legal help from a skilled lawyer.
Even if you were not at all to blame for the harm you experienced in a bicycle accident, successfully holding someone else civilly liable for your damages can be a complex and time-consuming process. You may need to collect and present a great deal of evidence to prove your case. Additionally, you might have to contest accusations of negligence brought by the defense.
A Holland bicycle accident lawyer can provide compassionate and concentrated assistance through every stage of this process, working tenaciously to get you the restitution you deserve. Schedule a free, confidential consultation to learn more about your legal options.
Charles E. Boyk Law Offices, LLC