Thanks to the construction of dedicated bike lanes and other bicycle-friendly infrastructure in recent years, riding a bicycle around public roads in the Phoenix metro area is much safer today than it used to be. Unfortunately, there is still a long way to go before bicyclists are completely safe while riding through Chandler, in large part because there are still far too many motor vehicle drivers who act recklessly and carelessly around vulnerable bicycle riders.
If you believe that a negligent driver or any other third party is to blame for an injury you recently suffered while cycling, you should strongly consider discussing your legal options with a qualified Chandler bicycle accident lawyer. Even if it seems obvious to you that someone else is at fault for your accident, proving them legally liable for your damages can be far from simple, and guidance from a knowledgeable personal injury attorney is often crucial to achieving a favorable case result.
Proving Someone Else at Fault for a Bike Wreck
As is the case with most other personal injury claims, proving someone liable for causing an injury through a bicycle accident generally entails proving that they were legally “negligent” in some way. In practice, this means establishing that a specific reckless or careless act—for example, a traffic violation or driving while distracted—was the direct and primary cause of an accident that likely would not have happened without that “breach of duty” and then establishing that all the losses for which the injured person is seeking compensation stemmed directly from that accident.
On that note, compensable damages in a typical bicycle accident claim include:
- Physical pain and suffering
- Past and expected future medical expenses
- Emotional anguish and psychological trauma
- Lost work income and/or ability to work in the future
- Bicycle replacement/repair costs and other forms of personal property damage
- Lost overall quality of life and other effects of permanent disfigurement or disability
The specific losses an injured person can seek restitution for will vary from case to case, though, as a seasoned Chandler bicycle accident attorney could explain in more detail.
Possible Obstacles to Recovering Compensation
In addition to proving that another person’s negligence directly led to their accident happening, it is also often important for injured bicyclists to establish that they were not at fault themselves for causing or worsening their injuries through their own misconduct. As per Arizona Revised Statutes § 12-2505, any finding of “comparative fault” held against an injured cyclist may result in their final damage award value being reduced in proportion to their percentage share of total fault for their accident.
It is worth noting as well that A.R.S. § 12-542 generally limits personal injury victims to just two years after initially getting hurt in which to file suit, even if their injuries are expected to have life-altering consequences. Working closely with a knowledgeable bicycle crash lawyer in Chandler is essential to understanding and navigating around roadblocks like this during the civil litigation process.
Talk to a Chandler Bicycle Accident Attorney About Legal Options
While not every injury sustained by bicycle riders necessarily warrants a civil lawsuit, any accident that occurs as a direct result of another person’s misconduct very much does. No matter how strong the evidence in your favor seems to be, though, making effective use of that evidence to recover comprehensively for your short-term and long-term losses can be next to impossible without professional legal support.
A qualified Chandler bicycle accident lawyer could tenaciously protect your rights and work tirelessly to preserve your future prospects throughout your legal proceedings. Learn more by calling today.
Available 24/7