- Spring, TX Bicycle Accident Lawyer
- Common Bicycle Accident Injuries
- What Should You Do After a Bicycle Accident?
- How can a Lawyer Investigate Your Texas Bicycle Accident?
- Causes of Bicycle Accidents
- What If I Get Injured in a Bicycle Accident?
- Types of Damages After a Bicycle Accident
- Statute of Limitations for Texas Bicycle Accident Claims
- Call Spring TX Bicycle Accident Attorneys for a Free Case Evaluation!
Bicycle accident victims are put at great risk daily by negligent or inconsiderate drivers. When a bicyclist is hit by a car, fatal injuries often result. In these bicycle accident cases, it is important to enlist the help of an experienced personal injury lawyer who can skillfully present the facts of the bicycle accident case and prove that the vehicle driver was at fault.
At the Holladay Law Firm, PLLC, our Woodlands injury lawyer has experience in handling a wide variety of bicycle crashes case. As a former defense attorney, Jason Holladay has a unique insider’s perspective into how the opposition will most likely defend a serious injuries case. This gives our bicycle accident attorneys the advantage of crafting a personal injury claim that effectively addresses our clients’ needs and fights for maximum compensation on their behalf.
Contact the Holladay Law Firm, PLLC if you or a loved one have been injured in a bicycle accident. We offer free case evaluations and operate on a contingency fee basis.
Due to the lack of protection, a bicyclist is afforded, a run-in with any sort of large vehicle can prove severe injuries, and in the worst cases, fatal bicycle accidents.
Bicycle accidents in Texas can result in the following injuries:
These injuries can greatly impact your ability to work and earn money, not to mention your overall quality of life. It’s important to be able to start a legal process for financial recovery and to apply the legal rights according to Texas law that will cover the cost of medical expenses. And enable you and your loved ones to live as securely as possible in the upcoming years.
Injured clients are put at great risk daily by negligent drivers that invade bike lanes.
When an accident occurred, the following moments can be disorienting. If you or a loved one have been involved in a bicycle accident, the following steps should be taken:
- Call the police: even if you only sustained minor injuries, be sure to contact the police so they can investigate the accident and file a police report.
- Check for injuries: be sure to examine yourself for any cuts, scrapes, broken bones, or bruises.
- Document the accident scene: take photographs of the accident scene and the damage to your bicycle to preserve evidence
- Take your protective gear with you as the proof you were following the Texas law requires.
- Gathering Driver’s Information: gather the other driver’s contact information, license number, and insurance information (These are driver fails evidence)
- Obtain Medical Attention: even if you feel fine following the accident, you should have a medical professional examine you. Take pictures of the emergency room and your injuries to document your demand compensation.
- Contact a Texas Bicycle Injury Lawyers: before filing any claim paperwork, you should speak with a bike accident attorney for a free initial consultation.
Although the circumstances of bicycle accident claims are unique, a knowledgeable attorney will know how to build the strongest case for you to seek compensation.
Generally speaking, a bicycle accident lawyer has the experience to:
- Gather reliable witness testimony: a bicycle accident attorney will know which witnesses to contact and how to use them effectively to present the strongest case in your favor
- Speak with the at-fault driver’s insurance company: an experienced attorney will know how to negotiate with the driver’s insurance company to get you the best possible compensation for your injuries.
- Speak with an accident reconstruction experts
- Obtain physical evidence: this may include traffic camera footage and any photographs taken at the accident scene.
- Collect and organize documentation: a seasoned attorney is used to contact medical providers and facilities to obtain medical records, medical bills, lost income information, and other documents that will support your case.
- Ensure all deadlines are met: Bicycle accidents attorney understands the deadlines for all paperwork that needs to be filed in a bicycle accident claim, and they are used to contact medical providers and facilities to obtain medical records.
According to an Accident Analysis and Prevention Report conducted by the National Highway Traffic Safety Administration, the most bicycle accidents causes include:
- Poor compliance with traffic laws and improper use of facilities: when traffic laws are not followed, either due to confusion or poor road design, bicyclists are more likely to be hit. A common non-compliance issue is drivers failing to respect bicyclists rights.
- Speeding: when drivers speed, they increase the risk of a collision with a bicyclist. Pursue compensation from drivers in a red light rush.
- Inadequate separation: bicyclists are safer when they are in the same direction separated from motor vehicles; when there is poor infrastructure, visibility is limited, or there is heavy traffic, bicyclists are more likely to ride on a sidewalk or against the direction of traffic. These behaviors increase the chances of an accident.
- Crossing locations: the likelihood of a crash increase when a bicyclist crosses at places that were not intended for crossing. About 30 percent of bicyclists that were killed were struck at intersections.
- Inadequate conspicuity: when drivers cannot see a bicyclist adequately, due to light or dark conditions, it is more likely for a bicyclist to be struck. In a recent year, 45 percent of bicyclists were struck in dark conditions.
- Impairment and distraction: drivers who are impaired due to alcohol consumption, or are not paying attention, increase the likelihood of a bicycle crash. To obtain compensation from distracted drivers, contact our law firm today. Ask for a free case consultation.
Even if you follow all the rules of the road while on your bike, you cannot control the actions of motorists. A driver may be negligent, impaired, distracted, and unable to judge their vehicle’s distance from a bicyclist.
If you were struck by a vehicle while riding your bike, you will most likely be able to make a claim through the at-fault driver’s insurance company. You will have to answer questions posed by their insurance company and describe the details of the accident.
If you are injured in a bicycle accident, you may have coverage if you carry personal injury protection (PIP) under your car insurance policy. In Texas, PIP coverage is mandatory, unless you sign a waiver declining the coverage.
In Texas, PIP insurance will cover (but is not limited to) the following:
- Reasonable medical costs
- Ambulance services
- Lost income
- Rehabilitation therapies
Texas requires that every driver carry at least $2,500 of PIP coverage. Additional coverage (up to $10,000) is available if you want additional financial security. Personal Injury Protection will only cover costs that were incurred within three years of the accident.
If neither the at-fault driver’s insurance nor your insurance company will cover costs associated with the accident, then you may be able to recover by making a bicycle accident claim. You will need to prove that the accident was caused by the driver’s negligence. Contact a Texas bicycle accident attorney today to advocate for your rights.
Damages describe the injuries that you sustained and any losses resulting from the accident. If you were hit riding your bicycle and experienced any injuries and/or damage to your bike, then you are most likely entitled to recover compensation.
The two main categories of damages are general and special damages. General damages refer to any intangible injuries that cannot be given a specific monetary amount resulting from the accident. General damages include pain and suffering, mental anguish, and any other deficits that may have lowered your quality of life. Spinal cord injuries are a good example.
On the other hand, special damages account for economic hardships that were experienced by the plaintiff. This includes anything that can recover money or give a monetary value, such as lost wages, diminished earning capacity, medical bills, physical therapy, and any other costs that can be attributed to the accident.
In rare circumstances, the plaintiff may be able to collect punitive damages. In these cases, the plaintiff has to show that the defendant (the driver) acted with gross negligence or malice. It is best to speak to an attorney about the details of your situation in order for them to determine if you are eligible for punitive damages.
In all civil suits, there is a procedural rule for how much time is allowed to pass in beginning the litigation process for various causes. In Texas law, you are required to file a personal injury claim within two years from the date of the accident. (Tex. Civ. Prac. & Rem. Code § 16.003(a)). The court has reasoned that valuable evidence will only be preserved for a limited amount of time after bike accidents. After an extended period of time, physical evidence will begin to deteriorate, and bystanders’ memories of the accident will become foggy.
You cannot recover damages if you bring your bicycle accident lawsuit after the two years have gone by. It is crucial that you reach out to Holladay Law Firm, PLLC, as soon as possible if you were involved in a bicycle accident for a free case review. Be compensated for your injuries before time runs out.
With the help of our firm, you can expect honest communication and thorough case representation. We work to inform our clients about their rights and legal options throughout every step of the case so that they can make informed decisions about their futures. Contact us by our website form or calling at 800-900-3319. Ask for a free case evaluation.