Bicycles are a healthy, budget-friendly form of transportation that is commonly used in the area. Despite the benefits of cycling, there are also serious safety concerns that come with it. When cyclists are struck by motor vehicles, the outcome can be deadly.
The seasoned attorneys at O’Connor, Acciani & Levy can help you create a claim for damages following a cycling wreck. Before you pursue an injury case or accept a settlement offer, it will be in your best interest to talk with our Dayton bicycle accident lawyers about your case.
What are Common Damages in Cycling Wreck Claims?
The damages available in one bike crash claim can dramatically differ from another type of claim. Each incident is unique, but there are several common damages available after a cycling wreck including medical expenses, lost wages, and bike repairs or replacement. Our
experienced Dayton attorneys can help you put together a well-rounded damage claim after a bike wreck.
Medical Expenses
Medical bills are often a large burden for injured cyclists after a collision. Bicycles provide virtually no protection from collisions, which can leave a rider with serious injuries after a crash. A claim provides a cyclist with the opportunity to recover compensation to help pay for their medical bills.
Lost Wages
A cycling accident can also take a financial toll if it leaves a rider unable to work as they once did. For many riders, the injuries from these wrecks will be so severe that returning to work is impossible in the weeks—or months—following the incident. An injury claim can help a cyclist make up for those lost wages.
Bicycle Repair Expenses
Bikes typically do not come out of collisions with
motor vehicles unscathed. When these collisions happen, it is possible for a cyclist to secure compensation for their damaged bike. This can include the cost of repairing a bike or replacing it entirely.
Developing a Negligence Claim in Bicycle Collisions
Securing monetary compensation from the at-fault party following a bike wreck requires evidence of negligence. To prove that the other party was negligent, an injured cyclist must establish four elements: proving a duty of care exists, proving the other party violated that duty, displaying a viable link between their injuries and the violation of duty, and showing damages. One of our well-versed cycling accident attorneys in Dayton can help with demonstrating that these elements were present at the time of the crash.
Proving a Duty of Care Exists
A cyclist must first prove that a duty of care exists to develop a negligence claim. If the person that caused the crash does not owe a cyclist a duty of care, they have no obligation to pay for their damages. Drivers of motor vehicles, however, always owe cyclists on the road a duty to drive safely. If the driver of a motor vehicle is the guilty party, the injured bicyclist can prove a duty of care in the accident.
Proving Someone Violated a Duty of Care
Once a cyclist establishes that there was a duty of care, they must next prove the driver violated that duty. Any careless act behind the wheel that causes a crash qualifies as a violation of a duty of care, such as committing a traffic violation like speeding or failing to signal.
Linking Injuries with a Violation of Duty
A cyclist must show a viable link between their injuries and the violated duty of care. This step is known as causation. There is no monetary compensation without a link between the other party’s negligence and the cyclist’s injuries.
Showing Damages from the Accident
A plaintiff must be able to show they suffered compensable losses in the wreck. This could include the lost wages, emotional or physical trauma, or expensive medical bills.
It could be highly beneficial to file a civil claim after being injured in a bicycle crash. Compensation is possible with the right experienced legal counsel advocating on your behalf.
Let one of our Dayton bicycle accident lawyers serve you following a cycling collision.
Call us for your private consultation today to learn more about your legal options.
