Can I sue a driver if I am hit by a car while on a bicycle? The short answer is yes, you may be entitled to sue a driver if you were hit by a car while on a bicycle in Alabama. This type of case is based on the negligence of the driver that hit you. In most cases, people on bicycles have the same rights and responsibilities as any other driver in a car or truck while on the road.
There are many different factors that come into play when there is a negligence lawsuit brought due to an accident. Oftentimes police try to determine who was at fault for causing the bicycle accident injury at the scene of the accident. Accident investigators are also often used to examine the scene of the accident to find who was primarily at fault.
In order to be successful in a bicycle negligence lawsuit you will need to prove that the accident was caused by the negligence of the driver that hit you. In a negligence lawsuit there are four elements that you have to prove in order for your personal injury attorney to be successful in the lawsuit. The first element that you need to prove is that the driver of the car that hit you had a duty. This means that the driver owed you a duty of care. This is one of the easier elements to prove because any driver on the road owes a number of duties. All drivers must follow the rules of the road and all Alabama traffic laws. This means that the driver must be alert, and aware of other people that are on the road. All drivers also must conduct themselves in a way that would be reasonable.
Once you prove the first element, that the driver owed you a duty, you must then prove the second element for a negligence claim. The second element you must prove is that the driver breached the duty that they owed you. Generally if there is a car wreck, the someone involved has breached their duty to act as a reasonable driver would. There are many factors to consider when determining if there was a breach of duty such as: the speed of the vehicle when the wreck occurred, and if the driver was distracted in some way.
The third element that you must prove is causation. This element is often harder to prove than the first two elements. You must prove that the driver’s breach of duty caused your injuries you received while on your bicycle. This means that you must link the driver’s breach of duty to your injuries. For example if you can prove that the driver was distracted by texting while driving, and the driver hit you as a result of that, then you would have a successful negligence claim.
The fourth element that you must prove is that you sustained real damages as a result of the driver’s breach of duty. This is where you will determine how much relief you are going to seek from the court. The court will generally then determine the amount of money that it will take to cover the damages you sustained as a result of the car or trucking accident in Alabama.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!