More and more people are trading in four wheels for two when it comes to getting from one place to another. Taking a bicycle to work, to school, or simply for a ride around town can be an enjoyable and healthy form of transportation. Unfortunately, bicyclists experience some of the highest rates of being involved in collisions with careless drivers. In most cases, a bicycle rider sustains severe injuries during a collision due to the limited amount of protection they have while on a bike. This is especially true if the cyclist was not wearing a helmet at the time of the incident, which may lead to severe brain damage. Injury attorney Stephen M. Fuerch provides capable guidance to Fremont residents and others who have been struck by a careless driver.Holding a Negligent Driver Accountable for Harming You
When it comes to bicycle accidents, it may not always be obvious who was at fault. The laws that affect bicyclists and motor vehicles often overlap, especially in situations in which the bicyclist must use a vehicle turning lane to execute a turn. In any case, a motor vehicle driver usually will be liable for the bicyclist’s injuries if the motorist failed to exercise the same amount of due care that a reasonably prudent person would use in the same situation. This is called the duty of care, and it is informed by all of the factual circumstances that were relevant at the time of the crash.
If it were raining when the collision occurred, for example, the duty of care would ask how a reasonably prudent motorist would drive during rainy weather conditions. Also, when it comes to motor vehicle accidents, the duty of care requires all motorists to obey any applicable traffic laws. If a driver ran a red light, and this resulted in a collision with a bicyclist, the motorist would probably be liable for the bicyclist’s injuries based on his or her failure to yield.
After establishing what the duty of care required and that the motorist failed to exercise that duty of care, you must show that this failure was the direct cause of your injuries. In other words, you must establish that you would not have been hurt but for the defendant’s breach of the duty of care. Using the same failure to yield example, you would need to show that it is more likely than not that you would not have been struck had the defendant stopped at the red light.
Finally, an accident victim must provide evidence supporting the damages that he or she is claiming in the lawsuit. This most often includes medical expenses, physical therapy bills, out of pocket medication expenses, wages lost due to time missed at work, and a diminished earning capacity due to severe injuries. Pain and suffering and other non-economic forms of damages also may be available.Explore Your Options with a Fremont Attorney after an Accident
If you or someone you know has suffered injuries in a car accident involving a bicycle, Fremont lawyer Steven M. Fuerch can help. Our team can fight aggressively to ensure that your rights are being asserted along every step of the way. The Law Offices of Stephen M. Fuerch proudly serves people in many communities across the Bay Area, including Walnut Creek, San Ramon, and Hayward. Call us now at (925) 463-2575 or contact us online to set up a free consultation.