Riding a bicycle should ideally be no riskier than driving in a car or walking on a sidewalk so long as you act reasonably and keep an eye out for other people and vehicles nearby. Unfortunately, the reality is that many bicyclists suffer serious injuries each year because of negligent motor vehicle drivers and various other parties.
If a bicycle wreck stemming from another person’s misconduct caused you serious injuries, speaking with a Shelton bicycle accident lawyer about legal options should be a priority. An experienced personal injury attorney’s support can make all the difference in cases like these, whether you need to recover for short-term losses or demand restitution for life-altering permanent injuries.
The duty to behave responsibly and reasonably, which every motor vehicle driver owes to others, applies equally to bicyclists, motorcyclists, pedestrians, and everyone else on the road. Accordingly, if a driver’s reckless violation of a traffic law or careless failure to pay attention directly leads to a collision with someone on a bike, that driver could bear civil liability for the bicyclist’s ensuing losses.
However, drivers are not necessarily the only parties who could bear partial or primary fault for a bicycle accident. For example, if an incident of this nature stems from a mechanical fault or manufacturing defect in the injured party’s bike, the company that made or sold that product could serve as a defendant in a settlement demand or lawsuit.
Likewise, if a bike crash occurs because of poorly maintained sidewalks, an unreasonable lack of bike lanes, or anything else that can be traced back to negligence by a municipal authority responsible for maintaining roadways, that municipal authority could be named in an ensuing lawsuit or settlement demand. There are several additional rules that apply to claims like this, making assistance from a qualified Shelton bicycle wreck attorney especially important.
In addition to demonstrating a defendant’s negligence, a bike crash victim in Shelton may also need to show that they did not contribute to the accident in order to recover full compensation. This is due to the modified comparative fault system established under Connecticut General Statutes §52-572h.
Under this system, a personal injury plaintiff who bears more than half the total fault for their accident is ineligible to recover any financial restitution. Any percentage of blame equal to or less than 50 percent could result in a reduced damages award, so it is crucial to work with a skilled lawyer to avoid unjust assignments of blame after a bike collision.
Getting hurt on a bicycle can be an immensely frustrating experience, especially if your ensuing losses could have been avoided completely but for another person’s poor decisions. Fortunately, you are not without legal options in this situation. With the help of a legal professional, you could be able to obtain financial compensation for every form of harm your accident has resulted and will result in.
Retaining an experienced Shelton bicycle accident lawyer could make all the difference in your prospects of successful recovery after a serious wreck. Call us at Berkowitz Hanna to set up a free consultation.