How to Prove a Bike Accident in New York
Your Brooklyn bicycle accident attorney will have to prove the other party was acting negligently for a successful claim. There are four elements of negligence, and they are:
- The defendant owed you a duty of care
- They breached that duty by acting in a certain way
- Their actions or inactions caused your injuries
- You were harmed or injured as a direct result of the defendant’s actions
Many forms of negligence can lead to a bicycle accident, such as:
- Careless driving: Every driver and cyclist must safely operate on the roads by paying attention and abiding by all traffic laws. Reckless drivers may make poor decisions, such as failing to yield, driving through bike lanes, or texting behind the wheel.
- Aggressive driving: New York drivers are often in a hurry, causing many to drive aggressively and with road rage. Drivers may tailgate a cyclist or improperly pass one. This can cause drivers to get too close to bicycles and cause a crash.
- Impaired driving: Drunk drivers have difficulty paying attention to other vehicles, so their chances of seeing a bicycle are slim. If you notice a driver swerving in and out of lanes, pull over into a well-light area and alert local law enforcement.
Drivers are not the only ones who might be liable for an accident. Departments of Transportation must create and maintain safe roads, including bike lanes and paths. When it has potholes or other hazards, the responsible government agency might be liable for any accidents.