Cycling is a healthy and eco-friendly way to get around. However, it can be dangerous, especially on busy roads and highways. Bicycle accidents happen more often than many people realize, and the consequences can be severe. These accidents can lead to broken bones, concussions, and soft-tissue injuries. In addition to the physical harm, victims often face significant medical bills, lost wages, and the stress of repairing or replacing a damaged bike. If you’ve been injured while cycling, you don’t have to shoulder the burden alone. You can hold the at-fault party or their insurance company responsible for your losses. Understanding your legal rights is the first step to doing this. The experienced accident lawyers at The Law Office of Luis A. Perez, PC can help you get the support and compensation you deserve.
Common Causes of Bicycle Accidents
Most bicycle accidents arise from the actions of motorists, although cyclists, too, can share responsibility in some cases. Some of the most common causes of these accidents include:
- Dooring: When a car door is opened into a cyclist’s path
- Rear-End Collisions: Being hit from behind by a driver who failed to notice a cyclist
- Avoiding Reckless Drivers: Swerving to avoid a car that ran a stop sign or red light
- Collisions With Other Cyclists: Some accidents happen between two cyclists, with no cars involved
- Vehicles Passing Too Closely: A vehicle speeding past or passing too close can cause the cyclist to lose balance
- Road Hazards: Potholes, uneven pavement, or debris can cause a cyclist to fall.
In some cases, a cyclist may also have contributed to the accident. For example, riding without lights at night, ignoring traffic signals, or weaving into traffic can lead to shared liability after a bicycle accident.
Understanding Texas Bicycle Laws
Cyclists in Texas have the same rights and duties as drivers. As a cyclist, you are required to follow traffic laws, signal when turning, and use proper lighting at night. This is not just for safety, but also to help protect your rights.
Traffic Laws and Regulations for Cyclists
In Texas, cyclists must obey stop signs, traffic lights, and yield rules. Failing to follow these laws can reduce compensation if you are determined to be partially at fault for the accident.
Negligence and Liability
Most cyclists’ injury claims hinge on negligence. If another party failed to exercise reasonable care, such as by running a red light or distracted driving, they may be liable for your injuries. Insurance coverage from the at-fault driver can be used to pay medical bills, lost wages, and damages, making filing an injury claim a critical step towards recovery.
What to Do After a Cycling Accident
If you are involved in a collision, taking the following steps can protect your health and strengthen your claim:
- Collect Information: Get the driver’s contact and insurance details, and ask for the witnesses’ contact information, too.
- Document the Scene: If able, take photos and videos of the accident scene, as this can provide crucial evidence into what happened.
- Report the Accident: File a police report to have an official record
- Seek Medical Care: Even minor injuries should be assessed. Also, some injuries take time to appear, so immediate emergency documentation is critical to protecting your health and linking your injuries to the accident, which is essential when filing an injury claim.
- Track All Your Losses: This may include time off work, medical bills, repair bills, and any other damage incurred.
Filing an Injury Claim
A successful cycling injury claim is dependent on proving negligence. There are four critical elements you must prove when filing your claim. These include:
- Duty of Care: Drivers are required to drive safely and avoid harming cyclists
- Breach: You must prove that the driver failed that duty, either by speeding, failing to yield, or distracted driving.
- Causation: The breach directly caused your injuries
- Damages: You experienced harm, including medical expenses, lost wages, property damage, and emotional distress.
Clearly demonstrating these four elements can give your case a solid foundation.
Texas Comparative Fault Rule
When filing your cycling injury claim, it’s essential to understand how fault works in Texas. Texas applies comparative fault in injury cases, meaning that both the cyclist and driver may share blame.
If you are found 51% or more responsible, compensation may be denied. However, if your share of fault is 50% or less, you may still recover damages, but they will be reduced by the percentage of fault assigned to you. Insurance companies typically determine fault percentages, but they can be challenged with strong evidence.
Potential Damages From a Bicycle Accident
Compensation can cover various losses, including:
- Medical expenses, both current and future costs of treatment
- Lost income, including wages and potential lost future earnings
- Pain and suffering
- Property damage, such as repairing or replacing your bike and gear
Families may also be eligible to file a wrongful death claim if a fatality occurs and seek damages.
How Long Do You Have to File a Cycling Injury Claim in Texas?
In Texas, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the date of the accident. Waiting too long to file can prevent you from recovering damages or weaken your case due to lost or unreliable evidence. This is why timely legal action is essential.
How a Bicycle Accident Lawyer Can Help
Handling a personal injury claim while recovering can be overwhelming. A skilled attorney can manage the process while ensuring you receive maximum compensation. An attorney’s support may include:
- Investigating the accident
- Accurately calculating damages
- Managing communication and negotiations with insurance companies
- Negotiating settlements by leveraging evidence to ensure fair compensation
- Filing a lawsuit if necessary
Getting Help After a Bicycle Accident
A cycling accident can change your life in an instant, leaving you with injuries, medical bills, and lost income. Filing a claim can help you recover those losses, but the process can be complex and overwhelming while you’re in recovery. At The Law Office of Luis A. Perez, PC, our experienced bicycle accident attorneys guide you through every step, from documenting the accident to negotiating with insurance companies or representing you in court. We understand the physical, emotional, and financial toll these accidents can bring and are committed to fighting for the compensation you deserve. Contact us today to discuss your case and protect your rights.