Portsmouth, VA Bicycle Accident Lawyer
If you were recently hurt in a serious bicycle accident, you may be suffering from both severe physical harm and significant financial losses. While you may be able to incorporate both types of damages into an ensuing civil claim, your case can only be successful if you can prove someone else’s liability for your accident based on a preponderance of the evidence, which can be a difficult standard to meet without help from a skilled personal injury attorney.
Fortunately, you do not have to pursue your claim alone if you retain the services of a Portsmouth, VA bicycle accident lawyer. By working with an attorney from Cooper Hurley Injury Lawyers, you will have access to years of legal knowledge that could help you obtain a fair settlement.
Proving Liability for a Bike Crash in Portsmouth, VA
Anyone seeking to hold another person liable for a bike accident must demonstrate that the defendant in question was legally negligent. A person may be considered legally negligent if all the following circumstances apply:
- The defendant owed some kind of duty of care to the claimant
- The defendant violated their duty of care through a reckless, careless, or intentional act
- By virtue of breaching their duty of care, the defendant proximately caused the accident in question
- The accident the defendant caused was the direct and primary source of the damages for which the claimant is seeking compensation
In Virginia, an additional hurdle exists: the claimant must bear no liability whatsoever for their own damages. Since the state follows a pure contributory negligence system, claimants lose the opportunity to obtain monetary recovery completely if they are partially at fault.
Therefore, it is often crucial for those injured in a bike accident to promptly and thoroughly contest any claims of contributory fault made by the defendant. A local attorney can help someone filing a bicycle accident claim establish negligence and fight any claims of contributory fault.
Recoverable Damages Following Bike-Related Injuries
Assuming all the criteria that define legal negligence are met and a claimant does not bear any fault himself, both economic and non-economic damages may be incorporated into a civil recovery. Economic damages are those which can be objectively given a dollar value, while the value of non-economic damages varies depending on the circumstances of an individual case.
In terms of economic damages, an injured bicyclist may seek compensation for medical bills, lost work wages, lost earning capacity, and damaged personal property following an accident. Recoverable non-economic damages typically center around physical pain and suffering but may also include loss of enjoyment of life, emotional anguish, and the long-term impact of any permanent disability or disfigurement stemming from a bicycle wreck.
Speak with a Portsmouth, VA Bicycle Accident Attorney
Everyone who drives a car, rides a bicycle, or walks on or near a public roadway owes a duty of care to act responsibly and preserve the safety of everyone else around them. Anyone who fails to do this and causes a bike accident as a result could be held civilly liable for their reckless behavior.
If you were struck by a careless driver or injured by any other negligent act while riding your bike, you may be able to recover significant compensation. To schedule your free consultation with one of our Portsmouth, VA bicycle accident lawyers, call today.