Missouri Bicycle Accident Attorney
Bicyclists are gaining a significant presence on the road. With this presence, come increased risks of accidents with motor vehicles. In a recent New York personal injury lawsuit, a bicyclist filed suit against a truck driver for personal injuries after the truck driver collided into the bicyclist on the road.
In this case, evidence proved the truck driver was at fault for the bicycle accident. The truck turned left, failing to yield right-of-way to the bicyclist, who was prudently pedaling through a crosswalk with a walk signal in her favor. This accident caused two non-placed fractures near the bicyclist’s knee and also ruptured the anterior cruciate ligament (ACL) in that knee. X-rays along with other medical records and testimony from an orthopedic surgeon proved all of these severe injuries were directly caused by the accident. The jury found for the bicyclist. The Plaintiff was awarded $400,000 for the injuries, including medical bills, pain and suffering.
When a bicyclist is injured in a motor vehicle collision, the injured biker will typically seek to recover from the driver of the vehicle, as in the case above. However, under some circumstances, a biker can also seek damages from other persons who are legally responsible for the driver’s operation of the vehicle, such as a truck driver’s employer. Additionally, governmental entities can also be held liable in a bicycle accident lawsuit in St. Louis where maintenance of a road, or premises, is inadequate and unsafe, and manufacturers can be held liable in the case of a defective bike part.
In sum, to file a personal injury claim for injuries sustained in a bike accident, the bicyclists needs to plead four elements to place liability of the motorist, as a basic negligence action:
1. The defendant owed a duty of care to the bicyclist;
2. The defendant operated the vehicle in a negligent manner;
3. The defendant's negligence was the proximate cause of the collision; and
4. As a result of the collision, the plaintiff suffered injury or loss
If you or a loved one sustains personal injuries while riding your bike, you owe it to yourself to contact an experienced Missouri personal injury attorney as soon as possible. Timely assistance cannot be stressed enough, as collecting evidence and support for your case is vital to your claim and most evidence on a roadway will be destroyed a short time thereafter.
As founding partner of Page Cagle, a Missouri personal injury law firm, I aggressively represent personal injury victims in a vast array of personal injury claims. If you have any questions or concerns involving a car accident in Missouri or any other personal injury questions, I am happy to discuss your case with you and answer any concerns you may have.
I offer free consultations, so you pay nothing unless you recover. You can contact me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com for more information.
