Before a Court will allow a jury to decide on the amount of damages to award an injured bike crash victim, there must be evidence of “liability.” Liability is often called “fault” or “negligence.” Once there is proof of “fault” by the Defendant Driver, then the injured cyclist’s trial lawyer is allowed to present the damages sustained. Triathlon Trial Lawyer Doug Landau reminds clients that no matter how serious their injuries, head trauma or brain injury, absent objective proof of the Defendant’s fault, the jury may never hear about what has been taken from them by the other driver’s negligence.
The Defendant acknowledged traveling too fast for the road conditions that day prior to the bike crash. The negligent driver was issued a ticket for driving his pickup truck “at a speed that was greater than was reasonable and prudent under the conditions.” [N. C. Uniform Citation]
The Athletes Lawyer’s research revealed that the Defendant driver plead guilty to “excessive speed” immediately prior to the bike crash. This driver, who acknowledged striking the innocent cyclist, did not seek an appeal of his Traffic Court conviction. The injured bicycle tourist was traveling at slow speed in the moments before the crash.
The Plaintiff was not riding in a peloton when he was injured, as the tour riders were spread out. This fit, middle-aged Professor was on the right side of the roadway at the moment of impact between his touring road bike and the truck. The vulnerable cycle tourist had nowhere to go because of the bridge guardrails when the Defendant’s truck struck him without any warning.