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Cycling is a common hobby among people living in Dalton. While riding a bike is a healthy and economical way to get around, it also comes with some risks. Cyclists share the road with vehicles much larger than their own and collisions between the two can have devastating consequences.
When a bicycle accident results in your physical injuries, you have the right to seek justice through the legal system. With the help of a dedicated personal injury attorney, you could obtain a settlement or trial verdict in your favor. Whether you only sustained minimal cuts and bruises or you suffered a catastrophic injury—you could benefit from a discussion with a Dalton bicycle accident lawyer.
When bicycles and motor vehicles collide, the driver of the car or truck is frequently at fault. This can be due to careless actions like speeding or failing to yield the right-of-way. Crashes could also result from reckless behavior like driving while impaired by drugs or alcohol.
Motorists are frequently at fault in these accidents, but it is important to note that is not always the case. In order for a bike rider to recover compensation following an accident, they must show that the driver acted negligently.
It is up to a seasoned Dalton bicycle accident attorney to prove that negligence occurred. In total, there are four elements that must be met. Failing to establish even one of these elements will put a personal injury case at risk. These elements include:
There can be no negligence claim with a duty of care. Thankfully, motorists always owe a duty to drive safely to cyclists they share the road with.
After proving a duty exists, the next step is to show the duty was breached. This can occur in a variety of ways, including when a motorist causes an accident by speeding or driving aggressively.
Causation is the name for the link between a breach of duty and a cyclist’s injuries. The at-fault party is only responsible for harm that is directly linked to their actions.
The last element of negligence is the establishment of compensable damages. Even if a negligent act results in a collision, financial compensation is only available if the cyclist can show they suffered damages.
There is a deadline that applies to bike accident injury cases in Dalton. This deadline, which is referred to legally as the statute of limitations, generally expires two years from the date of the accident.
Violating the statute of limitations does more than prevent a victim from filing a lawsuit. When an injured person fails to comply with the statute of limitations, it impacts their ability to proceed with an injury claim at all. Defendants and their insurance companies have no obligation to settle a claim after the statute of limitations has expired.
The stakes are high when it comes to filing a bicycle collision injury suit on time. The best way to avoid complications with the statute of limitations is with the help of legal counsel. A proactive bike crash lawyer in Dalton could ensure that a lawsuit is filed on time.
When you are suffering through the aftermath of a bicycle wreck, the last think you should have on your mind is a lawsuit. By relying on an experienced attorney, you could focus your energy on your own physical recovery.
Let a Dalton bicycle accident lawyer fight for your rights. Reach out today to get started.