Bicyclists have every right to share the road with other motorists. Unfortunately, while sharing the road, cyclists also face the same risks as motor vehicles. Accidents can happen. When involving a bicycle, these accidents can be even more devastating for the bicyclist.
If you were in an accident with a motor vehicle, another car, or a pedestrian and suffered serious injuries or damages, then you may be entitled to compensation. However, you must be able to prove that the other person was at fault.
Were You Following the Rules?
If you were hit while bicycling, you still must have been following the rules from the start. Bicycles must drive in the same direction as traffic, have a light so that they are visible at night, and must stay in the bike line when there is one present. If you do not follow the guidelines, the courts may determine the accident was your fault.
Are There Witnesses?
While you do not necessarily need to have witnesses to prove that you were not at fault for your bike accident, it does help to have people who can back up what happened. If there were witnesses, they must make a statement as soon as possible. This will prevent anyone from claiming that they may not remember the event correctly. If you are in an accident and no one sees it, then your word is against the driver. You have to rely on other types of physical evidence when there are no witnesses.
Do You Have a Police Report?
A police report can make a big difference in a civil lawsuit. The police report may have a determination made about who was at fault in an accident. For instance, if you were hit in an intersection because a motorist ran a red light, this might be a part of the report itself. No matter the accident, you should always make sure to call the police. A copy of the police report is critical evidence.
Proving who was at fault in an accident can be complicated. The more evidence that you have, the better. If you are able to after an accident, try to gather the information of different witnesses. Witness testimony along with a police report is helpful when it comes to winning your case. When you set up a consultation with an attorney, like a bike accident attorney from Barry P. Goldberg, you are more likely to come up with a winning strategy.