A bicycle accident has the potential to cost a cyclist his or her good health and mobility in an instant. When these accidents involve a collision with a motor vehicle, the injuries are often permanent. While there is no way to undo the damage from a crash, a skilled injury attorney could help you pursue the monetary compensation needed to ease the hardships that follow a bicycle crash.
Compensation could be available following a bike accident, but the negligent driver and his or her insurance company are unlikely to make recovering damages easy. Fortunately, an Augusta County bicycle accident lawyer could work to obtain a favorable settlement for your injury claim.
Cyclists are entitled to use many public roads in Augusta County. That does not mean cyclists are treated the same under the law. The Commonwealth has a number of statutes and regulations that apply not only to cyclists but also to motorists traveling in their vicinity.
Some of these regulations limit a cyclist’s options in an effort to protect him or her from harm. For example, Virginia Code Annotated §46.2-808 allows municipalities to prohibit cyclists from riding on controlled-access highways.
Other regulations are targeted towards preventing drivers from negligently colliding with cyclists. Commonwealth law requires motorists to keep a buffer of at least three feet from cyclists traveling on public roadways.
In many cases, the violation of these traffic laws could play a role in a civil lawsuit. A bicycle accident attorney in Augusta County could help you use evidence of a moving violation to establish negligence against the motorist involved in the crash.
Like with any injury claim, a cyclist struck by a motorist must establish negligence in order to recover monetary damages for his or her injuries. There is a four-part test to establishing negligence in these cases.
The first step requires the cyclist to establish the existence of a duty of care. This is rarely at issue in these cases, as motorists hold a duty to operate their vehicles in a safe manner around cyclists and others they share the road with.
The second step involves proof that the defendant violated the duty of care. Any careless or reckless act that causes a bike accident could result in a breach of this duty. The most common examples are traffic violations that cause a crash. Examples could include speeding, aggressive, or intoxicated drivers who collide with a cyclist.
There must also be a causal link between any injuries that occur in a bicycle accident and the breached duty of care. This is because a motorist will only face civil liability for injuries he or she is directly responsible for.
The last step of the process requires proof of damages. Damages can include any of the physical, emotional, or financial harm that stems from a bicycle crash. This could include your medical bills, bicycle repair costs, or physical pain and suffering. An Augusta County lawyer at The Warren Firm could determine the amount of compensation a bicycle accident claim is worth.
Cyclists have the same right to travel the roads without fear of injury that all motorists enjoy. Despite this fact, cyclists frequently face the risk of severe injury due to a collision with a negligent motorist.
If you are ready to hold the motorist who caused your bike wreck accountable, an Augusta County bicycle accident lawyer could help. Call now to set up a confidential consultation.