Riding your bicycle can be a fun and active way to relax and a useful way to travel in high traffic areas. However, there is the ever-present danger of getting into an accident while on your bike. There are many ways that you can be injured while riding a bike, many of which are not your fault.
According to the National Highway Traffic Safety Administration (NHTSA), 65 people were killed in bicycle accidents in Texas in 2016. This does not include the large number of people injured in bicycle accidents. If you or a loved one were injured in a bicycle accident, discuss your case with a Dallas bicycle accident lawyer to see what your legal options are. Contact Ben Crump Law, PLLC at 800-959-1444 to discuss your case with our team.
Causes of Bicycle Accidents
Bicycle accidents in Texas are monitored as a part of the traffic accident reports conducted by the Texas Department of Transportation. There are numerous causes of bicycle accidents, which can include:
- Car doors: Many car door accidents happen when drivers open doors in front of a cyclist because they do not see that they were there. Riding close to a line of cars increases your chances of being hit by a car door.
- Traffic violations: When drivers do not adhere to the rules involving cyclists, this can result in traffic accidents.
- Poor visibility: When it is difficult to see other vehicles on the road, there is a greater chance that cyclists will not be seen because of their small profile and lack of lighting.
- Inclement weather: Bicycles are prone to having more problems due to weather conditions. Heavy rain and winds can make it very difficult to ride. They can also reduce visibility, making it harder to avoid cyclists.
- Drunk driving: Drunk driving, whether it is on the part of the cyclist or another motorist, contributes to the number of cyclist deaths every year.
There are causes of bicycle accidents that are not covered on this list. If you are involved in a bicycle accident, you may want to discuss your case with a lawyer as soon as possible. You may be able to recover compensation for any expenses that you have because of the accident.
For a free legal consultation with a bicycle accidents lawyer serving Dallas, call 800-761-5225
Determining Liability
Determining liability is important in every personal injury case. It may be a bit difficult to determine liability in bicycle accidents. However, the investigation will look at whether you were following traffic rules or not. If you are following all of the laws regarding bicycle use in the state, there is a low chance that you will be found at-fault for the accident.
Texas law also allows for shared liability. In these cases, that happens when the judge determines that both parties are at least in some part responsible for the accident. If you are held partially responsible for the accident, this could affect the amount of compensation that you receive. The judge will likely calculate the compensation based on if you are not responsible and then divide that compensation between the two parties based on each party’s percentage of fault.
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Dallas Bicycle Laws
Bicycle riders in Dallas are bound by the same laws of other motorists with a couple of exceptions. It is important to note the bicycles are not allowed on sidewalks in Texas. Although many people can be seen riding on the sidewalk, it is technically illegal, and you can face legal action because of it.
Cyclists have full use of the roadway, provided that they ride to the right side if they are traveling significantly slower than the rest of the traffic. You are also required to have lighting and reflectors on your bike at night. Otherwise, all other laws for un-motorized vehicles and vehicles in general still apply.
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Your Legal Options for Recourse
If you are injured in a bicycle accident, you have the option of filing a lawsuit to recover compensation from the at-fault driver. If your accident resulted in medical bills, you could recover these and other expenses in a settlement with the negligent party’s insurance company or in a personal injury lawsuit. Before trying to take legal action, consult a lawyer to see what your legal options are in your specific case.
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Statute of Limitations
In the state of Texas, you have two years to file a personal injury lawsuit, according to Texas Civil Practice & Remedies Code § 16.003. That means you have two years from the day of the accident to file the lawsuit. This is called the statute of limitations, and every state has different limitations for different types of cases. Two years is not a lot of time to file a case. Consult a lawyer as soon as possible to get the process started. That way, you can be sure that your lawyer can file before the deadline.
Common Injuries
Bicycle injuries vary in severity based on the type of accident and the other vehicles involved. If there are cars involved, injuries tend to be more severe, if not fatal. Broken bones and bruises are common in bicycle accidents involving cars. There is also the possibility that the cyclist will have an injury, such as a road rash. It happens when they slide across the pavement, and their skin is unprotected. This can do a lot of damage and lead to a loss of blood, which can be life-threatening. Brain injuries are also common, even when wearing helmets.
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Recovering from a bicycle accident can be stressful, especially if you have expenses related to your care. Since you did not cause the accident, you can hold the other party responsible and collect compensation. This should help with your expenses and relieve some of the financial stress that the accident put you under.
Discuss your case with a Dallas bicycle accident lawyer to see what your legal options are. Contact Ben Crump Law, PLLC at 800-959-1444 to discuss your case with our legal team.
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