The road to recovery after bicycle accidents can be difficult. Victims of such accidents may endure various forms of financial hardship, emotional distress, and physical pain. Some injuries caused by bicycle accidents may heal quickly, but others will require long-term medical care.
A great number of bicycle accidents happen because of drivers’ careless and reckless behavior. For example, crashes may occur because motorists were speeding, driving distracted, or running red lights. Our attorneys can help hold negligent drivers accountable for bicycle accidents they cause.
If you were hurt because of a bicycle accident in Flatbush, get help recovering financial compensation for the harm you incurred. Contact our experienced Flatbush bicycle accident lawyers today by calling The Carrion Law Firm at (718) 841-0083. Our attorneys will review your case for free.
Elements of a Bicycle Accident Lawsuit in Flatbush
The process for pursuing payment through bicycle accident lawsuits can vary. There are multiple factors that can influence the path to compensation in your case. However, in every bicycle accident lawsuit, the plaintiff must prove that each of the following elements are true:
- The defendant driver was under a duty of care, e.g., the duty to follow various traffic laws
- The defendant driver did not adhere to their duty of care, e.g., by violating a traffic law
- You suffered a bicycle accident because of the defendant’s breach of duty
- You sustained damages as a result of the accident
Determining if these elements have been established is a necessary step towards receiving compensation. During your free case review, our Flatbush motorcycle accident lawyers can help evaluate the strength of your claim.
Types of Evidence Used to Prove Fault for a Bicycle Accident in Flatbush
In order to recover monetary damages for your bicycle accident injuries, you must prove that your accident occurred because of the defendant’s negligence. There are multiple types of evidence that can be used to establish a link between your crash and the defendant’s conduct. The following are examples of evidence regularly used by our Flatbush motorcycle accident lawyers:
Witness Testimony
Witness testimony can be very helpful when seeking to prove fault for a bicycle accident. Eyewitnesses can offer either oral or written testimony that explains how or why certain collisions occurred. For instance, a witness may state that they saw a driver make an improper left turn before causing an accident. Accordingly, you should always attempt to retrieve contact information for witnesses to your accident if possible. Afterwards, our attorneys can offer guidance and support when reaching out for their cooperation.
Accident Reports
Accident reports are another common type of evidence used to prove fault for bicycle accidents. After a harmful collision, a police officer should visit the scene to draft their accident report. These reports can contain a wide range of information that points to accidents’ causes. For example, an accident report may contain statements from drivers, a crash diagram, or an officer’s personal notes regarding how the crash occurred. Our Flatbush bicycle accident lawyers can help recover and review a copy of the official accident report in your case. Often, you cannot introduce the report directly, but it still contains helpful info for building a case.
Physical Evidence from the Scene
Furthermore, physical evidence from the scene of a bicycle accident may also be used to prove fault. For instance, a crushed bicycle helmet may be brought into court to show that a driver was travelling at high speeds when their collision occurred. Further, pieces of broken glass from the scene of a bicycle accident may be matched with a driver’s headlight to prove that they are the at-fault party. In any case, our attorneys can help review any evidence recovered from the scene in your case.
Some types of evidence may be hard to preserve or otherwise bring into court. In these cases, other means of evidentiary documentation are allowed.
Photos from the Scene
Photos from the scene of a bicycle accident are another form of evidence that may be used to prove fault. For example, photos showing a lack of skid marks may be used to show that a defendant driver failed to apply their brakes before striking the victim. There are multiple ways that photos from the scene may be used to show that a defendant is to blame.
Furthermore, photos from the scene can also be helpful when disproving drivers’ alternative theories of fault. For instance, an at-fault party may state that their bicycle accident was actually caused by poor road conditions. In that case, photos from the scene showing adequate road conditions could be used to disprove the defendant’s theory and establish that they are at fault.
Therefore, you should always document the scene of your bicycle accident with photos and videos if possible. Our Flatbush bicycle accident lawyers can help review any photos you took during your free case review.
Expert Witness Testimony
Expert witness testimony is another type of evidence that is often used to prove fault for bicycle accidents. Expert witnesses are considered experts because they have completed the requisite education, training, and experience in their respective fields. They are often used to explain complex theories of fault. For instance, after a bicycle accident that occurs at an intersection, an accident reconstruction expert may be summoned to explain why a particular driver is at fault. Furthermore, after a bicycle crash caused by a defective part, an engineering expert may be called to explain why the part did not function properly. Our experienced Flatbush bicycle accident lawyers can help call on the right expert witnesses to support your claim.
Security Camera Footage
Lastly, security footage can also be used to prove fault for bicycle accidents in Flatbush. For example, footage from a nearby storefront’s security camera may show that a driver ran a red light before causing a crash. Furthermore, footage from a security camera in a parking lot may show that a motorist failed to check their surroundings before backing into a bicyclist. Our attorneys can investigate whether any relevant security camera footage exists in your case.
If You Suffered a Bicycle Accident in Flatbush, Our Attorneys Can Help
If you were injured because of a bicycle accident, seek guidance and support from our experienced Flatbush bicycle accident lawyers by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.