INJURED IN A bicycle ACCIDENT?
We can help you get the payment you deserve
Why Hire Us As Your Arizona Bicycle Accident Lawyer
Common Causes of Bike Accidents
Bicycle riders face a number of hazards whenever they travel on public roads. These include the lack of proper signage, dedicated bike lanes, and road shoulders. However, most bike accidents are caused by the negligence or recklessness of other drivers. Some examples of this are:
- Driving after using alcohol or drugs
- Texting or talking on the phone while driving
- Failing to yield the right-of-way
- Intruding into a bike lane
- Striking a cyclist with a car door
- Running a stop sign or red light
- Entering traffic directly in front of a cyclist
Common Injuries After an Arizona Bicycle Accident
How Do I Prove Negligence in An Arizona Bike Accident?
The mere fact that you were injured in an accident isn’t enough to get you compensation from the driver. You have to prove that their negligence or recklessness caused the crash. Arizona is a fault-based state where insurance is concerned. If the other driver is at fault, your first step should be to file a claim with their insurer. A lawsuit is a last resort. However, the driver is not automatically at fault. If the accident was caused by a malfunctioning stoplight, the city or the manufacturer should be held responsible. Arizona bike accident lawyers will make sure they identify the liable party or parties correctly.
In personal injury cases, in order to prove that someone was negligent, you need to establish:
- Duty of care. The individual or entity must have owed you some duty of care. Drivers, for example, have a responsibility to obey traffic laws. They should take reasonable steps to ensure the safety of other road users. Manufacturers also have a duty to consumers to ensure their bicycles are safe.
- Breach of duty of care. Your attorney will investigate to determine if the party you believe is at fault breached their duty to you. In the case of a driver, this includes texting and driving, speeding, running a red light or otherwise driving recklessly. A city may also breach its duty if it fails to maintain a safe space for bicyclists.
- Causation. You must be able to prove that the defendant’s breach of duty directly led to your accident. If a distracted driver crashed into you because their brakes failed, their distraction did not directly cause the accident.
- Damages. The final thing you must show is that you suffered real losses. These include medical expenses, lost wages, property damage, and mental anguish. Photos, bills, and a medical report can help you to prove you suffered damages.
Contact an Arizona Bicycle Accident Lawyer and Get the Damages You Deserve
Most bicycle accident victims want to know how much they can receive in compensation. Those with the most to gain benefit most from having an attorney. This is because insurance companies try hard not to pay out large claims. With the help of Nathaniel B. Preston at Warnock Mackinlay Law, you may be able to recover:
- Current and future medical costs.
- Lost income.
- Pain and suffering
- Property repairs or replace
- Loss of consortium if you lost a loved one
- Punitive damages if the defendant was extremely negligent or reckless
Having an attorney can make all the difference whether in negotiations or filing a suit. Contact our office today to schedule a free consultation and let us discuss your case in detail. The sooner you contact us, the sooner you can get the compensation you deserve. Call us at (602)600-6427 and let us work for you.
Contact our exceptional car accident attorneys
Nathaniel Preston is a compassionate car accident and personal injury attorney in Peoria, AZ. He understands how traumatic a car accident and subsequent personal injuries can be. If you have been in a car accident and have possibly been injured due to the negligence or carelessness of another person or entity, contact Nathaniel Preston today to discuss your case. He is aggressive. He is compassionate. He knows the law. He gets results. He offers legal services in Peoria, Arizona, and for the greater Phoenix area community.