Advocating for Cyclists: Legal Rights After a Bicycle Accident

What Rights Do Bikers Have in the Aftermath of an Accident?

Bikes are a popular mode of transportation in the greater Houston area. Many people appreciate how cost-effective biking to work or other locations can be, while others enjoy reaping the health and mood-boosting benefits of traveling by bike. Unfortunately, even the most safety-conscious bicyclists are susceptible to severe accidents and injuries, especially if they must travel near motor vehicles. If you or a loved one have been involved in a bike crash, it’s critical to enlist the assistance of an experienced Houston bicycle accident lawyer who can advocate on your behalf and help you understand your legal rights.

What Do You Need to Know About Filing a Bicycle Accident Claim?

Bicycle crashes are often devastating for victims and their loved ones. Civil litigation can allow you to seek compensation from the negligent individuals or entities that played a role in your crash. Every case is unique, but potential defendants in a bike accident claim may include:

– Motorists

– Pedestrians

– Other bikers

– Manufacturers of faulty bike parts or safety gear

– Government entities responsible for the upkeep of sidewalks, bike paths, and lights

– Designers of unsafe intersections or bike lanes

While a settlement does not undo the harm caused, it can offset costly expenses related to the crash, help you regain financial stability, and ensure access to the care you need. Fair compensation includes both economic damages, like lost wages, medical expenses, property damage, and decreased earning capacity, as well as non-economic damages, such as pain and suffering and emotional distress. In cases of intentional harm or gross negligence, punitive damages might also be recoverable, though these are rare and subject to statutory caps.

Why is it Vital to Be Proactive if You’ve Suffered Bicycle Accident Injuries?

Under Texas’ statute of limitations, bicycle accident victims generally have two years from the incident’s date to file a civil lawsuit against the liable party. Unless you have a rare situation that extends this timeline, a failure to file within two years will result in a loss of your right to pursue compensation. Even if you experience injuries that will take a long time to treat, starting the claims process promptly is highly recommended. By contacting a knowledgeable lawyer early, you give them time to build a robust case while the evidence and witnesses are still fresh.

How Can You Protect Your Rights Following a Bicycle Accident?

No matter the cause, a bicycle accident can be a frightening and painful experience. Your health and safety should always be your first concern after any crash. If possible, move yourself to a safe location out of the flow of car or bike traffic so you do not get hit again. If you suspect that you or anyone else has been severely injured, call 911 right away.

After you have handled these urgent issues, you or a trusted individual may take the following steps to bolster a potential future claim:

– Contact local authorities: If you did not call emergency services, it’s essential to contact the police to report the incident, even if it seems minor. An official police report can prove invaluable to your claim.

– Get medical care: Even if you do not have obvious injuries, you should get a medical evaluation as soon as possible after the bike accident. Severe injuries, like internal bleeding or spinal damage, may be easily overlooked due to your adrenaline response. Prompt medical care clearly documents your injuries and safeguards your health.

– Document the crash: Accident sites are rapidly cleaned up, potentially destroying vital evidence. You or a representative should take photos or videos of your injuries, the crash site, and other relevant information.

– Obtain eyewitness information: Accidents occur so fast, and recalling all the key details can be tricky. Witnesses can help corroborate your recollection of events. Collect contact information from anyone who saw the incident happen.

– Contact a trusted personal injury lawyer: It can be challenging to navigate the claims process while trying to heal from your bike accident injuries. An attorney can remove the stress from your situation. They will carefully investigate the accident, speak to insurers on your behalf, and ensure you meet important filing deadlines.

Do You Still Have the Right to Seek Compensation if You Were Partially At-Fault for Your Bicycle Crash?

While some bicycle accidents may be solely due to the reckless actions of a negligent driver, the causes behind many incidents are less clear-cut. Sometimes, a multitude of actions can play into a bicycle crash, and a rider may share some fault in the accident. However, even if your actions may have played a role in the accident, you still may have the right to recover damages. Under Texas’ modified comparative fault rule, a plaintiff can seek damages as long as they are deemed to be 50% or less at fault for the accident.

Your proportion of fault not only determines your eligibility for filing a claim but also the amount you can recover. Under the law, the court will reduce the value of your damages by the percentage of fault assigned to you. For example, if you are awarded $100,000 and the court decides you were 20% liable for the crash, you could only recover $80,000 for your damages.

Unfortunately, insurers are keenly aware of this rule and may attempt to shift blame onto injured bicyclists to reduce their own liability or avoid paying compensation at all. If you have been involved in a bicycle crash, it is vital to refrain from saying anything to authorities or insurance adjusters that could be interpreted as accepting blame for the accident. Stick to the facts of the incident and avoid apologizing or admitting to fault. Bicycle accident cases can be complex, and you should not assume that you cannot seek compensation, even if you believe your actions may have contributed to the crash. A skilled bicycle accident attorney can evaluate your case, determine your recovery options, and fight to ensure you are apportioned the correct amount of fault in your case.

What Can a Knowledgeable Attorney Do For You?

While it is possible to represent yourself in a bicycle accident case, it can be a daunting task. The Law Office of Denise Adkison-Brown, PLLC can provide the helpful, compassionate legal guidance you deserve during this challenging time. A practiced Houston bicycle accident attorney can uphold your rights and work to secure fair compensation for your losses. For a free, in-depth review of your case, contact our firm today at 713-804-8520.