When a bicyclist is injured in an accident caused by a negligent driver, proving fault is crucial to securing fair compensation. As Raleigh, NC bicycle accident lawyers, we understand that insurance companies often try to shift blame or downplay injuries. That’s why it’s important to gather strong evidence to prove that the driver was negligent and responsible for the crash.
Understanding Negligence In A Bicycle Accident
Negligence occurs when a driver fails to exercise reasonable care, leading to an accident that causes injuries. To establish negligence, we must prove four key elements:
- Duty of Care – The driver had a legal duty to operate their vehicle safely and follow traffic laws.
- Breach of Duty – The driver failed to uphold that duty by acting carelessly or recklessly.
- Causation – The driver’s actions directly caused the accident and our injuries.
- Damages – We suffered losses, such as medical expenses, lost wages, and pain and suffering, as a result of the accident.
Gathering Evidence To Prove Driver Negligence
To build a strong case, we need solid evidence that demonstrates how the driver’s negligence led to the crash. Here’s how we do it:
1. Police Reports
After an accident, calling the police is essential. The officer’s report will document key details, including statements from both parties, witness accounts, and whether the driver violated any traffic laws. If the officer cites the driver for speeding, failing to yield, or distracted driving, it strengthens our claim.
2. Eyewitness Testimony
At Burton Law Firm, we know that witnesses can provide unbiased accounts of what happened. If bystanders saw the driver run a red light, swerve into a bike lane, or fail to yield, their statements can help confirm our version of events.
3. Traffic And Surveillance Cameras
Many intersections, businesses, and even homes have surveillance cameras that may have captured the accident. If available, this footage can serve as clear evidence of the driver’s negligence.
4. Photographic Evidence
Taking photos and videos at the scene is crucial. We document the damage to the bicycle, skid marks, traffic signs, and any visible injuries. These images can help reconstruct the accident and establish fault.
5. Driver’s Behavior And Records
If the driver was texting, intoxicated, or speeding at the time of the crash, we can use this to prove negligence. In some cases, we may obtain cellphone records, traffic citations, or toxicology reports to strengthen our case.
6. Expert Testimony
Accident reconstruction experts can analyze the evidence and recreate the scene to demonstrate how the driver’s actions caused the crash. Medical experts can also testify about the severity of our injuries and how they impact our daily life.
Why Legal Representation Matters
Proving driver negligence in a bicycle accident case can be challenging, especially when insurance companies try to minimize liability. As experienced bicycle accident lawyers, we fight to gather the necessary evidence, negotiate with insurers, and, if needed, take the case to court.
If you’ve been injured in a bicycle accident due to a negligent driver, don’t face this battle alone. Contact us today, and let’s work together to secure the compensation you deserve.