There are many circumstances where you might benefit from the guidance of a personal injury attorney. One of the situations is when you have sustained an injury after colliding with a vehicle on your bike. As a cyclist, you are far more vulnerable than the driver of a vehicle. Unfortunately, the result of a collision typically involves far more severe injuries for the cyclist.
You do not have to let a negligent driver get away without facing responsibility. A Jefferson County bicycle accident lawyer can file a lawsuit on your behalf against the driver that struck you and work toward achieving maximum compensation. If successful, this lawsuit can compensate you for your medical bills, lost wages, and other damages related to the accident.
Negligence in a Jefferson County Bicycle Accident Lawsuit
To prevail in a Jefferson County bicycle crash lawsuit, you must establish that the driver of the vehicle was negligent. In Missouri, there are four elements you must establish to prove negligence. These elements are:
- Duty of care
- Breach of duty
Duty of Care
Drivers and cyclists each have duties they are obligated to meet when traveling on a Jefferson County roadway. They include complying with traffic laws, keeping a careful lookout, and traveling at a safe speed at all times. A driver is only liable for damages if they owed a duty to you. However, juries commonly find a driver owed a duty during a crash.
Breach of Duty
After you establish that a duty exists, you must show a driver breached that duty. If a driver violates a traffic law, a jury may find they have breached their duty of care to you. In many cases, the most challenging aspect of a Jefferson County bicycle accident attorney’s job is to prove that a breach occurred.
Causation and Damages
The final two elements of negligence are intertwined. To recover monetary compensation, a plaintiff must establish that they suffered damages in the crash. If a cyclist was not injured, they are not entitled to compensation even if a driver breached their duty of care.
The plaintiff must also show that the damages in question are directly related to the crash. Only damages caused by the bike accident are available in these cases. However, you may be able to recover if a bike crash aggravated a prior injury.
Statute of Limitations
The State of Missouri places limits on the time to file a lawsuit. These laws, known as the statute of limitations, bar you from successfully suing for damages if you file outside of the limitation period.
The purpose of the statute of limitations is to protect a defendant from a long delay, as it can be much harder to mount a defense years after the incident. In Missouri, the statute of limitations for a bike injury is five years. If you file a lawsuit after the statute expires, the court has the right to dismiss it regardless of how strong the case is. Keeping track of important deadlines is one benefit of hiring a seasoned Jefferson County bicycle accident attorney.
Call a Jefferson County Bicycle Accident Attorney Right Away
If you have suffered injuries in a Jefferson County bike accident, you have the right to seek compensation from the driver that injured you. Succeeding at trial requires skill and experience. You could find those qualities with the right Jefferson County bicycle accident lawyer. Call right away to schedule a consultation with one of our experienced trial lawyers.