Unfortunately, many drivers in Missouri fail to pay attention to their surroundings and end up causing accidents as a result. When those accidents impact bicyclists, the results can often be devastating.
Fortunately, people who are injured while riding their bike because of the negligence of a driver may be able to recover financially for their damages with help from a skilled personal injury attorney. A seasoned Creve Coeur bicycle accident lawyer could help calculate recoverable losses, establish defendant liability, and pursue appropriate restitution in or out of court.
Personal injury claims rely on the concept of legal negligence. If a person violates a duty of care they owe to another and causes an accident as a direct result, they may be considered legally negligent, and therefore financially liable for any harm that accident causes.
Driver negligence that results in a bicycle crash can be illegal, irresponsible, or a mixture of both. For instance, a driver who does not yield appropriately to a bicyclist in a crosswalk because they were texting could be considered negligent for not following Missouri’s right-of-way laws, and for operating a motor vehicle while distracted.
A local attorney must provide evidence that a defendant meets all the criteria to be considered legally negligent for the bicycle wreck. If they can do that, they could recover significant compensation on behalf of the injured bicyclist that could cover medical bills, lost wages, and pain and suffering.
Generally, if a driver hits a bicyclist because they violated a rule of the road, that will be reflected in the police report filed by the officer who responds to the scene of the accident, as well as by other evidence such as security camera footage and eyewitness testimony. However, in many cases, defendants try to avoid full liability for a crash by claiming that the bicyclist they hit swerved out in front of them or failed to follow the law themselves. In other words, they claim the cyclist is partially liable for their own damages.
Fortunately, Missouri is a pure comparative fault state, which means there is no amount of liability that would make an injured plaintiff completely ineligible to recover compensation. That being said, a finding of comparative fault can lead to a significant reduction in a plaintiff’s final damage award, which could mean they do not receive enough money to cover all their losses. Assistance from a seasoned attorney in the area could be crucial to contesting comparative fault allegations and maximizing recovery in bike collision cases.
If you were hit by a negligent driver while biking, you may need experienced legal help to effectively pursue recovery for the losses you suffered in the accident. A knowledgeable local bicycle accident lawyer could develop a personalized injury claim to seek compensation for your unique losses. To learn more how an attorney could help you, schedule an initial case consultation right away.