By Goran Alben
As with most personal injury claim there is no obligation for your to choose legal representation. With this being said however it is always a better idea to get expert support, and this is not just the opinion of accident attorneys. In fact we have seen overwhelming evidence in almost every type of personal injury claim that those who do choose to be represented by specialist lawyers will have a much better chance of success, including sideswipe accidents. This success is both in relation to winning the case and regarding the amount of damages to be paid out.
To win that case, here is what needs to be proven.
Clear Negligence
The core aspect of any legal case which covers bicycle accidents is that the plaintiff must be able prove that the defendant was negligent and caused the bicycle accident. No matter if the defendant was on foot, in a motor car or on another bicycle, the case must prove that they were at fault. There are many ways in which fault can be proven of course, from running a red light to being drunk and in charge of a vehicle. The critical aspect to winning the case is being able to prove this negligence.
Gathered Evidence
One of the main reasons why legal teams are more successful than those representing themselves is that they are able to gather much more and much higher quality evidence. CCTV images of a vehicle running a light — or whatever the claim is, witness statements which corroborate the story and even expert opinions of skid marks are all useful in painting the right picture. The stronger the evidence in fact, the higher the probability that the case will not even get to court and will instead be settled before that takes place.
Damages in a Bicycle Accident
Winning the case is not just about proving negligence on the part of the defendant, it is also about seeking damages to cover the costs of the victim. The damages which are awarded following a case victory are broken down as follows:
- Economic damages such as medical bills, damaged property and any potentail lost earnings.
- Non-economic damages which will include factors such as the pain and suffering of the victim or any long term impacts on their way of life.
- Punitive damages which are usually awarded if the judge or the jury believe that the offense has been overly egregious, we often see this in the case of drink drivers for example.
The legal team will recommend certain damages be awarded and he judge will then make their own decision following the case, which will take this recommendation into consideration.
It is worth remembering here that whilst the case will be against the individual defendant, the defense will comprise of the legal team of the insurance company as it will be them who end up paying any necessary damages. This is what a bicycle accident case will consist of, and how it is won.
