A bicyclist was injured in Ocean City, Maryland in a bicycle accident, according to an August 2017 CBS Baltimore report. The bicyclist, a student from Slovakia, was seriously injured when her bicycle was hit by a passenger vehicle. Police said the driver of the vehicle did not stop after the bicycle crash. The accident happened in the early morning on a Wednesday. The 21-year-old student was transported to the hospital in critical condition.
Police have identified the alleged hit-and-run driver. They are consulting with the state regarding filing criminal charges. The alleged suspect will not be identified until criminal charges are filed.
It is not known whether the student will file a personal injury lawsuit against the driver of the vehicle that hit her. An accident victim can file a claim against the driver even if criminal charges are not filed against the at-fault driver.
Proving Negligence in a Baltimore Bicycle Accident Involves Establishing Four Elements
Negligence is the failure of an at-fault party to act as a reasonable person would in the same and/or similar circumstances. In this situation, the reasonable person is another driver who follows traffic laws and does not endanger anyone by causing an accident.
To obtain damages like lost wages, medical bills, and pain and suffering, a plaintiff, or bicycle victim must prove four elements:
- The driver had a legal duty to protect the victim from an accident. The driver has the responsibility not to cause an accident that harms the plaintiff.
- The driver breached the legal duty to protect the plaintiff. This breach can happen in a variety of ways in a bicycle accident.
- The driver was the direct or indirect cause of the bicyclist’s injuries. The driver can hit the bicyclist and be the direct cause. Even when there is no actual collision between the driver and bicyclist, the driver can still be the indirect cause of the plaintiff’s injuries. For instance, a driver could crash into another object that then falls into the road in front of a bicyclist, who hits it and is ejected from the bike.
- The bicyclist is owed damages. At trial, a judge or jury determines how much a plaintiff will receive in damages.
The most common causes of a bicycle accident include:
- Driver failing to look out for a bicyclist at a stop sign
- Driver pulling out of the parking spot or driving in a parking lot and not looking for bicyclists
- Driver turning directly in front of a bicyclist
- Driver running a red light or a stop sign and hitting a bicyclist
Contact Hassan, Hassan & Tuchman, PA About Your Baltimore Bicycle Accident
Your automobile insurance policy may cover your bicycle injuries. However, you have the right to file a personal injury claim and hold the at-fault party responsible for paying your damages. Contact us today for assistance with your personal injury claim.