To prove that a driver is liable for a bicycle accident, a cyclist must demonstrate that they displayed negligence or reckless behavior. To establish negligence, the following has to be proven:
The driver owed the cyclist a duty of care.
The driver failed to meet that responsibility of duty of care.
This failure to meet a duty of care directly caused the accident.
The accident led to the cyclist suffering economic and noneconomic damages.
Breaches of a duty of care may include speeding, driving under the influence, breaking traffic laws, or driving while distracted.