As a cyclist, you know the roads can be dangerous. Still, even with the best safety precautions, accidents can still happen. When they do, it is common for the driver to claim they did not see you.
When confronted with this situation, do not let their denial of responsibility deter you from seeking justice through a personal injury lawsuit.
It is not a valid excuse
There are many reasons why drivers may say that they did not see you, such as:
- Distracted driving, such as using a phone, adjusting the radio or eating
- Failure to check blind spots
- Limited visibility due to weather conditions or time of day
- Impaired driving due to alcohol, drugs or even fatigue
The law requires drivers to exercise to exercise “due care” on the road, which includes staying alert and watching for cyclists. It also requires drivers to give cyclists at least three feet of space when passing.
When a driver claims they did not see a cyclist, they might try to shift blame onto the injured party. This excuse does not absolve them of fault. In fact, this admission can support the cyclist’s case. It suggests the driver was not paying proper attention to their surroundings and the court may hold them liable for negligence.
Take action immediately
Remember, you have the right to share the road safely, and negligent drivers must be accountable for their actions. If injured in a cycling accident, seeking a personal injury claim can be incredibly important to your recovery.
This legal remedy seeks to make the at-fault driver or their insurance companies pay for your injuries, which can cover medical treatment, lost wages due to days away from work and other losses. You only have two years to file a lawsuit, so it is best to work with a personal injury lawyer right away.