For an injured bicyclist to have grounds for a lawsuit, they must be able to prove the driver of the vehicle was wholly or partially responsible for causing the accident. To make a bicycle accident claim, the injured victim will need to prove that:
The driver of the car or truck had a duty to drive safely
The driver of the car or truck breached that duty
The bicycle rider was injured or harmed
That the breach of duty was the proximate cause of the bicycle riders injuries or damages
Aside from motorists, cyclists can encounter other dangers. The government has a duty to maintain the areas traveled by bikes and could be responsible if you’re injured due to an uneven or bumpy bike path. Even private property owners who invite bicyclists to ride through their properties have a duty to maintain a safe riding area. A good example is keeping speed bumps painted yellow as a warning to riders. It’s important to consult a knowledgeable attorney to determine what rights you may have and who could be liable for your injuries following a biking accident.