Clayton Bicycle Accident Lawyer
Bicyclists and motorists both share a responsibility to follow the law and act with reasonable care while operating on the road. When people fail to follow the rules and act carelessly, it could lead to harmful, even fatal consequences.
If you have suffered an injury from a cycling crash caused by the negligence of another person, you might benefit from the guidance and support of a professional personal injury attorney. A Clayton bicycle accident lawyer could review the circumstances of your accident and provide you with the guidance necessary to hold the at-fault parties liable for their actions.
Proving Negligence in a Cycling Injury Case
A majority of bicycle crash incidents result from an accident. Maybe the person at fault did not intend to harm anyone, but maybe they were acting negligently, which caused the accident. In order to bring a successful negligence claim, a bicycle collision victim in Clayton must prove the following four elements:
Negligence occurs when someone breaches their duty of care that they owe to the plaintiff, resulting in negligent conduct that causes the plaintiff’s injuries. Plaintiffs are required to prove these four elements by a preponderance of the evidence, which means, that plaintiffs must provide evidence that shows that it is more likely than not that the defendant was negligent, and was the cause of their injuries.
What Damages are Available in a Bicycle Accident Injury Claim in Clayton?
Not all cases go to trial. In fact, most cases do not. The first opportunity for relief for someone injured in a bicycle accident crash in Clayton might be to file an insurance claim. Since Missouri is a fault insurance state, claimants may file a claim with their own insurance company or file a third-party claim against the at-fault driver’s insurance claim.
The second opportunity, if insurance does not cover all damages, could be to settle your lawsuit outside of court. Settlements take negotiation and might not happen until litigation has begun. The third opportunity for relief is to receive a jury award at trial. Damages might include economic, noneconomic, property, and possibly punitive damages. A bicycle accident lawyer in Clayton could review the details of an injured person’s accident and advise them on the next steps they should take to obtain compensation for damages.
What is Comparative Negligence?
Comparative fault is used by courts to determine how much a plaintiff may receive in damages if they were also negligent. Missouri follows the pure comparative negligence rule, which states that a plaintiff may recover damages as long as they are not 100 percent at fault for causing their injuries.
However, a plaintiff’s recovery would be reduced by their percentage of fault. For example, if an injured bicyclist in Clayton was found 30 percent at fault for causing the accident, they would receive 70 percent of the damages they are awarded in court. Contact an experienced lawyer for more information about establishing negligence.
How a Clayton Bicycle Accident Attorney Could Help
Fighting for your rehabilitation and recovery could be all-encompassing. Tackling legal challenges and negotiation settlements might not be your top priority in comparison to the stresses you are already dealing with. A Clayton bicycle accident lawyer could help you handle your legal recovery efforts. They might be able to review the facts of your case and help you determine what your options for relief are moving forward. Call now to get started on your claim for legal recovery today.