Drivers hold an obligatory duty of care to bicyclists on the road. Bicycles that collide with automobiles can be especially dangerous for a cyclist. This does not mean damages are always ruled in favor of the cyclist; like most personal injury cases, the liability falls on the person who displayed negligence. In car-bicycle collisions, shared liability is possible where both parties through negligence contributed to the accident and resulting injuries.
If you were involved in an auto accident as a cyclist, and you believe the driver is at fault, we must prove negligence. To do so, we will need to establish the following argument:
- The driver had an obligatory duty of care to the bicyclist to ensure the safety of other people on or near the road.
- The driver breached this duty of care, acting in some way to put others in a dangerous or potentially harmful position.
- This breach of duty of care directly resulted in the accident that occurred.
- The bicyclists suffered damages as a result of the accident.
- Any violations of the laws of the road are considered “negligence per se”; therefore any law the driver broke while driving and caused an accident, is enough to hold them at minimum partially accountable for the accident.
Call us at 713-630-0900 for a free evaluation on your case today. We are available 24 hours a day, 7 days a week. You may also fill out a contact form here we will reach out to you at a time of your convenience.