Bike riders face a difficult compromise. On the one hand, they must obey all rules of the road that other travelers are required to follow. On the other hand, many car and truck drivers do not give bicyclists the respect and protection on the road they deserve.
Beginning the Bicycle Claims Process
It is a rare situation when a driver intentionally collides with a bicyclist. Situations like these will result in criminal charges in addition to any civil suits. Even extremely dangerous activities, such as excessive speeding or driving while intoxicated, are still not considered as causing intentional harm under the law. Thankfully, common law provides a means for people injured in accidents to hold the at-fault party responsible. Almost all bicycle accident cases will fall under the legal umbrella of negligence.
This means a plaintiff does not need to prove that the defendant intended to hurt them but rather that the defendant was acting in a way that was likely to cause injury. All drivers have a responsibility, or duty, to protect other people on the road. Despite many drivers’ attitudes, this extends to bike riders. By violating the rules of the road and causing accidents, these drivers violate this duty and should be held responsible by a diligent Frisco bike accident attorney. Negligence law then says that the driver is responsible for compensating the bicyclist for their losses.