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Bicyclists traveling on public roads in West Virginia have all the same rights and responsibilities as motor vehicle drivers, and that means drivers likewise have an obligation to act responsibly around bicyclists. Any driver who fails to meet this “duty of care” and causes a bicycle rider to get hurt may hold civil liability for that bicyclist’s ensuing losses. However, it can be difficult to get the compensation you deserve after behind hit by a motor vehicle.
Fortunately, you have help available from knowledgeable Personal Injury attorneys who can provide you with the customized legal guidance you need to pursue your claim. From collecting important evidence to identifying and valuating past and future damages, your Parkersburg bicycle accident lawyer is at your side as you seek justice.
Even though bicyclists are much more likely to suffer injuries in traffic accidents compared to motor vehicle drivers, civil courts do not automatically side with bicyclists in every lawsuit. As with any other Personal Injury claim, the burden of establishing civil fault for a bike crash falls on the injured party, and that typically means proving the defendant named in the claim was legally negligent in some way.
When a bicycle accident stems from a collision involving a motor vehicle, legally actionable negligence often takes the form of a traffic violation—for instance, a driver going over the speed limit or not yielding the right-of-way to a bicyclist entering an intersection. That said, it is also possible to pursue a civil claim over a wreck caused by simple carelessness. A driver who fails to look around and see a bicyclist before making a turn or switching lanes has breached his or her “duty of care” just as much as one who broke a specific traffic law.
In other scenarios, third parties who were not directly involved in the accident at all (such as a local government entity which failed to maintain a bike lane in reasonably safe condition, or a manufacturer which produced a faulty bicycle component) may be liable for a bicyclist’s injuries. A Parkersburg bicycle accident attorney can help identify who bears fault for a specific incident and build a strong negligence-based claim against them.
The goal of a civil lawsuit is to recover damages to account for the losses. Both economic and non-economic forms of harm can be factored into a comprehensive bike crash lawsuit, including:
Importantly, most people who get hurt in any way due to another person’s negligence have just two years after sustaining injury to file suit, as per West Virginia Code § 55-2-12. This is one reason among many why contacting a skilled Parkersburg lawyer sooner rather than later after a bicycle crash can be essential to achieving a favorable case result.
Even if you wear appropriate safety gear and do everything right as a cyclist, another person’s negligence could still lead to a significant injury. Fortunately, you have the right to demand comprehensive compensation from the person who caused your accident, and you have help available from Jan Dils, Attorneys at Law. We know from past experiences how to get positive outcomes from cases like yours.
A conversation with a Parkersburg bicycle accident lawyer should provide you with much-needed clarity regarding your rights and recovery options. Call us today to schedule a free case review.
Jan Dils, Attorneys at Law