Riding a bicycle is an excellent way to exercise, enjoy the day, and save on transportation expenses. However, accidents can and do occur when sharing the road with motorists and other motor vehicles.
A Midwest City bicycle accident lawyer can play an essential role in helping injured cyclists collect financial compensation. A dedicated attorney can help you review your options and determine your next steps.
A Midwest City Cyclist’s Responsibilities
In Oklahoma, statute Title 47 governs the rules all motorists must abide by on the road. Cyclists and motorists alike are expected to follow specific safety guidelines, including but not limited to:
- Obeying safe speeds
- Executing turns safely
- Maintaining safe distances from other bicycles and vehicles
- Adhering to right-of-way regulations
Any failure to abide by these rules could cause accidents. When an accident results from a motorist not following the rules of the road, they could be held liable.
Shared Fault for a Crash
The courts will review the facts of the case to determine who is at fault. In Oklahoma, the courts may consider shared fault when both parties are responsible. This is a legal principle known as modified comparative fault. Under the modified comparative fault rule, the victim can still recover damages if they were less than 50 percent responsible for the accident. Therefore, a percentage of fault may be assigned to all parties involved in the accident.
This means that to recoup damages, the courts must rule the claimant is no greater than 50 percent at fault. When they are partially at fault, the damages a claimant receives will generally be reduced by the assigned fault percentage. For example, a claimant seeking $100,000 in damages, which was ruled 20 percent at fault, would only be rewarded $80,000.
Why Bicycle Accidents Occur
Several factors could cause accidents involving vehicles and bicycles. For example, a motorist could open a car door directly into the path of a traveling cycle, fail to obey the right of way regulations or rear-end a bicycle.
A bicycle accident lawyer from Midwest City can review the facts surrounding a claimant’s incident to determine the cause of the accident. From that, they can formulate a solid case based on such factors.
Building a Case
To win an injury case regarding a bicycle accident, a claimant and their Midwest City bicycle accident lawyer must demonstrate that the motorist was negligent and ultimately caused the accident. They must also show that the claimant’s injuries were directly related to the accident.
A personal injury attorney could prove negligence by investigating the accident scene, speaking with the appropriate law enforcement agency, consulting traffic and engineering experts, and interviewing eyewitnesses. Also, an attorney can obtain medical records and consult doctors and other healthcare professionals to determine compensation.
Potential Recoverable Damages
There are several damages an injured cyclist may be entitled to following an accident. Common damages bicycle accident claimants could recover include:
- Pain and suffering
- Past and future medical expenses
- Loss of work time
However, other potential damages could also be sought depending on the severity of the accident and the extent of the victim’s injuries.
Reach Out to a Midwest City Bicycle Accident Attorney Today
Often, vehicles and bicycles share the roadways without incident. However, even minor bicycle accidents involving cars have the potential to result in injuries and property damage. Oklahoma residents involved in an accident due to another’s negligence may be entitled to financial compensation.
Enlist the help of a dedicated Midwest City bicycle accident lawyer today to help you and your family get the compensation you deserve. Call today.