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Someone is riding their bike, enjoying a beautiful day, and then the worst happens: A vehicle comes along, and there’s an accident that’s not the cyclist’s fault. Maybe the vehicle hits the bike; maybe the vehicle is stopped, and someone, not paying attention, opens the door and hits the cyclist (known as being “doored”). Regardless, a beautiful day outdoors getting some exercise and sunshine is wrecked; when injuries occur, more than the state of mind could be affected. Here are the types of compensation someone might be eligible for after a bicycle accident in Texas.

What’s Included in Potential Compensation After a Bicycle Accident That Wasn’t My Fault?

The apparent types of compensation that could be claimed after a bicycle accident are any out-of-pocket medical expenses and payments to repair or replace the bicycle. But those aren’t the only types of damages someone can file for.

Larger scope of medical expenses. It’s not just the cost of a doctor’s visit or hospital stay. Someone injured in a bicycle accident could also receive compensation for the cost of an ambulance, medications, surgeries, medical devices, physical or occupational therapy, or mental health services.

Other property damage. The bike may be replaced, but the compensation may also include any other personal items the bicyclist had with them on the bike.
Lost income. If the accident causes the bicyclist to lose income, they may able to be compensated for that.

Pain and suffering. People who have ongoing chronic pain after a bicycle accident or are emotionally traumatized by it could receive pain and suffering compensation.

Additional services. If someone is injured in a bicycle accident and can no longer perform tasks such as lawn mowing or house cleaning, whether temporarily or permanently, the costs of hiring those services may be included in the damages awarded.

What if I’m Partly Responsible for the Accident?

This can be more complicated. Three types of negligence are used by different states to determine liability in personal injury cases.

Contributory negligence. This is a severe standard that says that if the injured person is even 1% at fault for an accident, they’re not eligible for any kind of compensation.

Pure comparative negligence. This type of judgment says that one person could be 30% responsible for the accident, and someone else is 70% liable. If the person with 30% responsibility is the injured person and would have been awarded $10,000 in compensation, they’ll receive $7,000 instead.

Modified comparative negligence. This is similar to pure comparative negligence in that the injured person can be partly responsible for the accident but still receive compensation. However, it’s stricter than the pure form in that if the injured person is found to be more than 50% responsible for the accident, they can’t receive compensation.

Texas personal injury laws operate with modified comparative negligence. If the injured bicyclist is found to be 51% or greater at fault in the accident, they won’t receive compensation.

Why Should I Hire a Personal Injury Attorney if I Was in a Bicycle Accident?

Personal injury cases are complicated. In a modified comparative negligence state such as Texas, it’s in each party’s best interest to try to push at least 51% of the liability onto the other person. Suppose one of the people involved in the accident drove a car. In that case, they’ll likely have an insurance company working to reduce their liability, and either the driver or insurance company (or both) may have an attorney working with them.

These are difficult obstacles to work against. Hiring your own attorney provides you with the experience and knowledge of the relevant laws and how to work with them to present a solid case to reduce your liability. They will have a strong sense of where the liability truly rests and also understand what the compensation should include.

As many cases end up settling after negotiations, having an experienced negotiator is valuable too. They understand the tactics the other side will take and how to counter them to strive for the best outcomes.

What Should I Do if I Was in a Bicycle Accident?

If you are physically able, the first thing to do is call the police to file a report about the accident. This can be an essential piece of evidence if claims or lawsuits are filed later. If there are eyewitnesses, ask them for their names and contact information. Exchange contact info with the other party in the accident, and look at any neighboring buildings that might have security cameras that recorded the accident.

Then you should have a doctor examine you, even if you don’t think there’s anything worse than a bruise or a scrape as a result of the accident. There are many injuries, including serious ones, that don’t always exhibit symptoms right away. Waiting to receive treatment can be dangerous.

Finally, call us 24/7 at 346-818-3311 to set up a free nationwide case review. Personal injury cases can be complex. Having an experienced personal injury attorney working with you can uncover potential bases for compensation, and they understand the legal processes required.

Something not to do: Discuss the accident with the other party’s attorney or insurance representative. Their job is to place as much blame on you as possible, and they can ask leading questions that could cause you to inadvertently accept blame for an accident that isn’t yours. In addition, don’t sign any documents. They could try to get you to accept a much lower settlement than what you’re due. Refer all communications to your attorney.

Being in a car accident can be a traumatic event. But the aftermath can be as bad, if not worse, as the parties involved in the accident point fingers and try to assign most or all of the blame somewhere else. As difficult as it can be to control emotions at the time of the accident, the best thing you can do is not say anything more than your name, contact information, and the information for your insurance company. You might want to say many other things, but unfortunately, those could be used against you during settlement negotiations or in court. Keep the following in mind if you’re in a car accident.

What Not to Say After a Car Accident and Why

It’s my fault. Even if you think you were the sole cause of the accident, it’s best not to admit it at the time of the accident. Frequently, investigations show evidence that more than one driver had at least some fault in the accident. If your state rules under comparative negligence (more on that below),

I’m sorry. This can be a knee-jerk reaction even when someone hasn’t done anything wrong. But telling the other driver(s) you’re sorry could be used as proof of your liability.

I’m fine. Don’t say this even if you feel fine and don’t think you’re injured. Some injuries don’t present symptoms right away. You may feel fine at first, then hours or days later, realize something is wrong. But if you say you’re okay, the other driver’s attorney or insurance representative could use that against you in settlement negotiations or court. They could try to claim that you were fine after the accident but suffered another type of accident later that caused the injury, not the car accident.

In my opinion…Don’t offer opinions at the scene of the accident. When the police officer arrives to begin the police report, they’ll have many questions for you. If you have a fact-based answer, provide it; otherwise, say you don’t know. Otherwise, you could be painted as providing false information later on.

I don’t have a lawyer. Even if you don’t have a lawyer, the other parties don’t need to know that. The other driver’s attorney or insurance representative could see that as being to their advantage and pressure you to accept a lowball settlement.

In general, say as little as possible until you have legal representation. You’ll need to speak to anyone else involved in the accident to share names, contact information, and insurance information, but that’s all that should be shared with them.

Who Not to Talk to After a Car Accident

After a car accident, especially when you were injured and it appears to be largely the other driver’s fault, you may receive phone calls, emails, or letters from the other driver’s attorney or insurance representative. They will try to get you to say something that could be construed as accepting liability for the accident. They might also try to pressure you to accept a much lower settlement than you could feasibly receive. Don’t answer any questions, no matter how simple or innocent the questions sound, or sign any forms. Refer them to your lawyer.

As difficult as it may be, don’t discuss the accident with family or friends. Anything you say to them could be used against you during settlement negotiations or in court. It’s enough to say you were in a car accident and were injured. If they ask for specifics, tell them you can’t discuss that until legal matters are settled.

What Is the Difference Between Contributory and Comparative Negligence?

Personal injury laws vary across states. How liability is determined and damages settled has much to do with your state’s approach to negligence and liability.

Contributory negligence. Contributory negligence states use guidelines that say if someone is injured in a car accident but was also at least partly responsible for the accident, they’re not eligible for damages. For example, someone is hit by a driver who ran a stoplight. However, the person hit and injured was speeding. Because they contributed to their injury, they’re not eligible for damages.

Comparative negligence. In these cases, when more than one driver is at fault, the court will assess the percentage of fault for each driver. The person receiving damages will have the damages reduced in proportion to their share of liability. In the example above, the driver running the stoplight might be deemed 70% at fault, while the injured driver who was speeding is 30% at fault. If the damages were $10,000, the injured driver would only receive $7,000. Some states modify this by saying the injured person can only receive damages if they are only 50% or less liable for the accident.

In either case, saying things that could be interpreted as accepting blame could hurt your chances of receiving damages.

What Should I Do if I Was in a Car Accident?

You should call the police to get an official police report documenting what happened, as that will be important for any claims or lawsuits you eventually file. If there are any eyewitnesses present, get their names and contact information. If you can, note any businesses or homes nearby that might have security cameras that could have filmed the accident.

Then you should see a doctor, even if you feel fine. Alert the doctor’s office that you were in a car accident, as they’ll have specific injuries they’ll look for. Finally, call us 24/7 at 281-399-4308 to set up a free nationwide case review.

Being in a car accident is a frightening event, not least because it’s unexpected. Accidents can be minor or catastrophic. But no matter the scale of the accident, it’s crucial that you seek medical care as soon as possible. Even if you feel perfectly fine, there are injuries that can be serious that may not present symptoms immediately. Left untreated, some of those injuries can cause future problems. Here are some conditions that may not be apparent shortly after the accident.

Traumatic Brain Injuries

Sometimes people wonder if a concussion is the same thing as a traumatic brain injury (TBI). In fact, a concussion is a type of TBI. TBI is a larger category of brain injuries. These types of injuries are caused by either a blow to the head or severe brain jostling, such as when the body is forcefully thrown forward or back (similar to whiplash).
TBIs can have several symptoms, or they may have none at all, at least at first. When symptoms appear, they can include:

• Head pain
• Dizziness or lightheadedness
• Mental confusion or difficulty remembering the accident
• Nausea
• Ringing in the ears

If TBIs aren’t treated, the symptoms can worsen and last longer than they would if treated medically. Someone may end up with long-term problems with balance, personality and mood changes, sensitivity to light and noise, or problems with taste and smell.

Internal Bleeding

This is an especially serious injury that frequently doesn’t show symptoms right away or at all. When symptoms do arrive, the injury may have reached a tremendously dangerous state. Symptoms include pain or swelling, dizziness, headaches, seizures, and loss of consciousness.

There are times when internal bleeding will stop on its own. But if it doesn’t and it’s left untreated, it could lead to organ damage, coma, or even death.

Neck Injuries

Neck injuries, especially whiplash, are a typical result of a car accident. When the human body is forcefully thrown back and forth, the neck in particular can undergo whipping-like motions that injure it. Neck injuries can also occur when debris hits the neck, such as unsecured items in the vehicle.

These may not have symptoms right away. When symptoms arise, they can include pain, an inability to turn the neck or look up and down, or muscle spasms. Neck injuries can manifest as symptoms in other parts of the body, too, such as tingling or numbness in the arms, pain that spreads to the back or shoulders, blurred vision, or nausea.

If untreated, neck injuries can eventually lead to degenerative disc disease or vertebrae misalignment. They can also lead to long-term dizziness, chronic headaches, difficulty sleeping, and depression or other mood disorders.

Back Injuries

It would seem likely that back injuries would immediately cause pain, but that’s not always the case. Sometimes there is swelling or bleeding around the base of the spine that slowly leads to numbness or paralysis but isn’t evident right away. Pain may not show up for hours or even days.

There are several types of back injuries that can result from a car accident:

• Back strains and sprains
• Herniated disc
• Degenerative disc disorders such as sciatica or pinched nerves
• Spinal fractures
• Left untreated, back injuries can take longer to heal and can even lead to further damage.

Soft Tissue Damage

Car accidents can cause damage to the soft tissues (muscles, ligaments, and tendons) around the knees, ankles, feet, shoulders, elbows, and wrists. These may not hurt immediately, leading someone to think there’s no damage. When symptoms do appear, they include pain, swelling, bruising, and limited range of motion for the affected body part.

It’s common for people to think these kinds of injuries are minor and don’t need medical care. But if left untreated, they can worsen and lead to further damage. In the worst cases, they may eventually require surgery to repair them or lead to permanent damage that can affect day-to-day life.

What Should I Do if I Was in a Car Accident?

You should call the police to get an official police report documenting what happened, as that will be important for any claims or lawsuits you eventually file. For all the reasons listed above, you should seek medical care as soon as possible, even if you feel fine. Make sure the physician understands you were in a car accident, so they’ll know what to look for. Another reason to seek immediate medical care is that if you don’t, the other party’s defense may claim your injuries were caused after the car accident, not during it. Finally, call us 24/7 at 281-941-6842 to set up a free nationwide case review.

What you should not do after a car accident that involves another driver is talk to their insurance representative or lawyer. Their goal is to remove as much fault as possible from their client–and that means finding ways to get you to accept blame for the accident. Similarly, don’t sign any papers or agree to any settlements with them. They want to keep any settlements as low as possible, and you may be eligible for a larger payout. Instead of talking with them or responding to written correspondence, refer them to us.

It’s also vital that you don’t talk about the accident with the people in your life. They could end up as witnesses against you if your case goes to trial. The only conversations you have about the accident should be with your attorney and your insurance representative.

Many American’s are working harder than ever to support their families in any way—especially when it comes to back-breaking labor work. As you may know, in this field, the risk of injury is much higher than in others.

Have you ever purchased a consumer product that didn’t work the way it was advertised? Have you ever spent money for someone’s services, but the services that you paid for were never actually delivered?

If so, you are probably the victim of deceptive trade practices, and you have rights under federal and state law. A deceptive trade practice is a behavior by a person or business that is intended to mislead or trick consumers or businesses into purchasing a particular service, product, or real estate.

WHAT DOES THE TEXAS DECEPTIVE TRADE PRACTICES ACT DO?

All fifty states, including Texas, enforce some type of “Deceptive Trade Practices Act” as a form of consumer protection from false, unfair, abusive, and deceptive business practices.

Lawmakers in a number of states have adopted the Uniform Deceptive Trade Practices Act (UDTPA), a “model” law designed for state legislatures.

The UDTPA laws are intended to facilitate lawsuits or other remedies for parties that are “likely to be damaged” by deceptive trade practices and affairs.

WHAT ACTION CAN YOU TAKE AGAINST DECEPTIVE TRADE PRACTICES?

If you have been harmed or injured – physically, mentally, or financially – due to the deceptive trade practices of a specific individual or business, you should seek an attorney’s advice at once.

An experienced deceptive trade practices attorney from the Law Offices of Denise Adkison-Brown, PLLC will review your situation and explain how Texas state laws and statutes apply to your own case. We can even help draft a demand letter to the negligent party.

If a business has harmed you and has violated the law, you may be able to take legal action, and you may be legally entitled to receive compensation and damages for the harm that you’ve suffered.

WHAT CONSTITUTES A DECEPTIVE TRADE PRACTICE?

What are some examples of deceptive trade practices? Deceptive trade practices include but are in no way limited to:

• falsely representing the benefits, source, sponsorship, certification, characteristics, or quantities of a service, product, or real estate
• representing a product as new or original when it is used, reclaimed, or reconditioned
• falsely telling a consumer that repairs, replacements, or other services are required
• advertising services or products with no intention of selling them as advertised or with the intention to not have adequate stock to meet the expected demand
• turning back, disconnecting, or resetting an odometer on a vehicle for sale
• representing “knock-off” merchandise as authentic merchandise
• refusing to honor the warranty on a consumer item

If you purchase products or services that are not what you were told they were at the time of purchase, if your warranty is ignored, or if a salesperson or a business illegally took advantage of you, contact our firm at once and speak to a qualified deceptive trade practices attorney.

WHO MAY TAKE LEGAL ACTION AGAINST DECEPTIVE TRADE PRACTICES?

Breach of contract alone does not constitute a deceptive trade practice. For this state’s Deceptive Trade Practices Act to apply to a particular case, the consumer must have acquired, by leasing or purchasing, a specific company’s services or products.

In other words, you can’t bring a legal action against a company for false advertising (or any other deceptive business practice), even when the advertising is, in fact, false, if you didn’t buy the product or service that was falsely advertised.

Most of our clients in deceptive business practice cases are individual consumers, but we also represent businesses that have been harmed by another company’s unfair or unethical practices.

Deceptive trade practice cases typically require extensive background investigations. Your case is stronger if the defendant has a history of questionable behavior and if others have also been harmed by that behavior.

HOW CAN YOU PREVAIL WITH A DECEPTIVE TRADE PRACTICES CLAIM?

Consumers in these cases must be represented by a qualified deceptive business practices lawyer who is skilled at conducting these background investigations and who knows what it takes to prevail with a deceptive trade practices claim.

You have rights as a consumer in this state, and if a business violates those rights, our firm can help. For over a decade, the Law Offices of Denise Adkison-Brown, PLLC has built a reputation as one of the most aggressive, successful law firms in Harris County, always putting our clients first.

Whether it’s deceptive business practices, bad faith insurance practices, or someone’s personal negligence that has harmed or injured you, our skilled legal team can provide candid and sound legal advice coupled with diligent and aggressive representation on your behalf.

If you have been harmed, or if you’ve suffered losses due to an individual’s or a company’s deceptive business practices, call our law firm. Having an attorney’s help in these cases is your right.

Has your insurance company underpaid, denied, or delayed your compensation for a property damage claim or for a personal injury claim? Are you ignored, “brushed off,” or being treated unethically in some other way by a company that you’ve been paying for insurance coverage?