Cyclists are similar to pedestrians and must agree to share the road with drivers. After being involved in a cycling accident caused by a distracted driver, you must prove negligence on the part of that driver when filing a claim.
Cyclists Must Prove Negligence in Accident Cases
Whether you ride your bicycle for fun, running errands, or to work every day, you must follow the law and share the road with vehicles. A distracted driver is someone who isn’t paying full attention to the road. A driver who isn’t focusing can hit you as you ride on the side of the road, attempt to make a turn, or even while you’re on the sidewalk. If you can prove the driver was negligent, you have a possible claim.
What is Negligence?
Negligence is a term that refers to someone who acts in an irresponsible or illegal manner. Under Nevada law, it’s also a legal term that applies to anyone who fails to use reasonable care. The driver who hit you may be found negligent because he or she drove several miles or more over the speed limit, attempted to make an illegal U-turn, or violated other laws. The court may find a driver guilty of distracted driving if he or she was on a cell phone or preoccupied in other ways while driving.
How Can You Prove Negligence
Las Vegas injury lawyers can prove negligence in a few different ways. The most common method is through eyewitness reports or statements. These statements come from those people who were there when the accident occurred, and they can swear that they saw the driver switch lanes without signaling, turn on a no-turn light, or violate other posted laws. Your lawyer may also talk with passengers who were inside the vehicle and get a copy of the police report.
Filing a Negligence Case
Your attorney can handle the ins and outs of filing a negligence case against the driver for you. You’ll then meet with your lawyer multiple times to talk about the case before appearing in front of a judge. A negligent driver may be found responsible for your bike and medical bills.