What if the driver who caused my bicycle accident was distracted while driving?

If you were in a bicycle accident caused by a distracted driver, you may be entitled to compensation. In Arizona, you can file a claim against the driver who caused your accident for negligence. Negligence is when a driver fails to show reasonable care while operating their vehicle. Distracted driving, such as texting while driving, is an act of negligence and could be sufficient to establish the driver’s liability. When filing a personal injury claim, it is important to prove that the driver was negligent. The most important pieces of evidence to establish a driver’s negligence are eyewitness accounts and/or a police report. If an eyewitness saw the driver using their phone prior to the accident, or the police report indicates that the driver was on their phone, this could be used to prove that the driver was distracted while driving. It is also important to note that in Arizona, the legal system follows a negligence theory known as “comparative negligence.” This means that a defendant can raise the argument that the plaintiff’s own actions contributed to the accident. For example, if the driver claimed that the cyclist did not have the right of way before the accident, the plaintiff’s attorney would need to refute this claim. Ultimately, if you were injured due to a distracted driver’s negligence, you may be entitled to compensation. It is important to consult with an experienced bicycle accident attorney to determine your best course of action. Your attorney will be able to advise you on how to present a strong case against the driver and ensure that you receive the compensation you deserve.

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