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What Legal Elements Must Exist to Prove Negligence in a Bicycle Accident Case?
To obtain compensation for a bicycle accident claim, you must be able to prove four essential legal elements, including duty of care, breach of duty, causation, and damages.
For example, under Texas law, drivers have a legal obligation or duty of care to drive safely. If a driver breaches their duty of care by acting negligently, it can result in a victim suffering injuries. Common scenarios often include distracted driving or speeding. As a result, their failure to act with reasonable care directly leads to an accident, and the victim incurs actual damages, such as medical expenses, lost wages, and pain and suffering.
Although it may seem relatively easy to prove negligence in a bicycle accident, insurance companies often try to blame victims so they can pay significantly less than claims are worth. If you have been injured in a bicycle accident, it is best to seek legal representation immediately. Contact the Pelaez Law Firm, Crash Angels, today to schedule a free case evaluation so that we can determine your legal options.
What Type of Evidence is Needed to Substantiate a Bicycle Accident Claim?
Substantial evidence is also needed to prove negligence in a bicycle accident claim. Key evidence will enable a personal injury lawyer to build a robust case that withstands legal scrutiny.
Police Reports
Police reports are one of the most critical pieces of evidence needed to prove negligence, as they provide an official account of what occurred.
Witness Testimony
Witness testimony is a crucial component of any bicycle accident investigation. Witnesses can provide key details about the actions of the driver and bicyclist, as well as what led to the accident.
Photo and Video Evidence
Photos and videos of the accident scene demonstrate the extent of the damage to the vehicle and bicycle. Anyone who has been involved in a bicycle accident should also ensure that they have photo and video evidence of the area where the accident occurred, including weather, road, and lighting conditions, as well as documentation of their injuries.
Traffic Surveillance Video
Traffic surveillance video often provides a better view of how the accident occurred and accurately reflects the movements of the driver and bicyclist.
Medical Records
Medical records, such as ER reports, provide clear documentation of the bicyclist’s injuries and the medical care they received. Other critical medical records include the results of diagnostic tests, treatment plans, prognosis reports, and information regarding ongoing medical care
Expert Testimony
If the case involves liability issues, it may be necessary to consult an accident reconstruction specialist, who can analyze the accident details and determine who was at fault.
How Do Texas’s Comparative Negligence Fault Laws Affect Personal Injury Claims?
Texas subscribes to a comparative negligence fault doctrine when addressing personal injury claims. Under comparative negligence laws established by the Texas Legislature, individuals who are found to be less than 51% at fault for an accident can still seek compensation for damages. Any compensation the victim receives will be reduced by the percentage of fault assigned to them. Suppose a bicyclist is injured in an accident and is awarded $50,000, but is found to be 25% at fault. In that case, the settlement will be reduced by 25%, and the victim will receive $37,500 as their final total.
However, under Texas’s 51% Bar Rule, anyone found to be 51% or greater at fault for an accident is barred from seeking compensation. Due to the state’s Bar Rule, insurance companies often try to blame accident victims so they can pay less than the claims are worth or deny them altogether.
Due to the legal complexities involved with Texas’s comparative negligence laws, it is always best to hire a knowledgeable bicycle accident attorney to help you file a claim. A skilled attorney will work to protect your legal rights and ensure you are treated fairly.
How Do Insurance Companies Try to Avoid Paying Bicycle Accident Claims?
Contrary to what is portrayed in advertising, insurance companies are generally more concerned about their bottom line than the well-being of bicycle accident victims. Insurance companies are for-profit businesses that work diligently to protect their profitability and keep their stockholders happy.
Because bicycle accidents often result in severe injuries, insurers may seek ways to blame victims to minimize payouts. The state’s comparative fault doctrine gives many insurance companies the incentive to try to reduce claims by arguing that the victim is at 51% or greater at fault.
In other instances, an insurance provider may make a quick, lowball settlement offer to the victim, hoping that they will accept it so that the claim can be closed. Although a quick settlement may seem appealing, it typically does not account for future medical expenses or pain and suffering damages.
Other methods routinely used by insurance companies include disputing the severity of the victim’s injuries or suggesting they are the result of pre-existing conditions. It is also worth noting that bicycle accident victims should never post information about the accident on social media, as insurance companies have legal teams that search for evidence to use in delaying or denying claims.
Why Should I Hire an Attorney to Help Me File a Bicycle Accident Claim?
If you have been injured in a bicycle accident caused by another person’s negligence, you must act quickly so you can protect your legal rights. Insurance companies have highly trained legal teams whose primary task is to seek ways to deny compensation. When you hire an attorney, they will act as your legal advocate and fight to help you get the compensation you deserve.
Contact Pelaez Law Firm, Crash Angels today at 210-801-9314 to schedule a free initial consultation so we can get started on your case.
