Accidents that seem minor for cars can prove potentially deadly for cyclists. After all, the bicycle they rode does not shield them from much of the impact. The collision could also have a long-lasting effect on their finances if it leaves them with steep medical bills.
According to Rice University’s Kinder Institute for Urban Research, Texas is among the most unsafe states for cyclists in the U.S., with Houston ranking as one of its most treacherous cities. Many vehicles might not give you enough room and sideswipe your bike. Some drivers might even harass you and try to run you off the road—if not collide with you head-on. Unsafe road conditions such as potholes can also make you fly off your bicycle.
Whatever your situation, you have the right to seek justice against the people who caused your accident. Turn to the office of Ben Crump Law, PLLC, if you need a Houston bicycle accident lawyer to provide legal support. For a free case review, you can contact the team at 800-959-1444.
Cyclists Share Laws with Vehicle Drivers
Chapter 551 of the Texas Transportation Code states that cyclists generally have the same rights and responsibilities that car drivers do. They can share the road with other vehicles and must follow road laws such as stopping at traffic lights and obeying traffic signs. Just as cars should give the right of way to other automobiles, so should they for cyclists.
Chapter 45, Article XII of the Houston Code of Ordinances also establishes rules to keep cyclists safer, such as requiring helmets and not riding on sidewalks in business districts.
A Houston bicycle accident lawyer can explain the state regulations connected to your case and use city and state laws to help you determine if the driver violated traffic laws, which could establish their liability for the crash.
For a free legal consultation with a bicycle accidents lawyer serving Houston, call 800-761-5225
Finding Justice Through Insurance Claims or Civil Lawsuits
Your insurance policy might help you cover your expenses, but you may also want to make the other party pay for their wrongdoing. Typically, your first option for reimbursement is through a third-party claim with their insurance provider. Like many U.S. states, Texas requires drivers to have liability insurance for covering their victims’ injury and property damage expenses.
However, an insurance claim might not always work out. If the liable motorist does not have insurance or their policy limits do not fully cover your medical expenses, you still have the option to file a personal injury lawsuit. Instead of negotiating with their insurer, you and the at-fault party would meet in court. A judge and jury would review your arguments and evidence before deciding how much you might receive as compensation.
The team at Ben Crump Law, PLLC, can help develop your claim and represent you in private settlements or court proceedings. Call today to speak with a team member about your case.
Houston Bicycle Accident Lawyer Near Me 800-761-5225
Recover Damages in Your Case
You could receive economic and noneconomic awards if you win your bicycle accident case. Economic damages consist of the expenses you accumulated due to the incident, such as hospital expenses, bike repairs, and physical therapy costs. If your loved one was the cyclist and died from the crash, you can also get reimbursed for their funeral and burial expenses.
Meanwhile, noneconomic damages compensate you for the inconvenience and psychological suffering you experienced. This category includes pain and suffering, mental trauma, and loss of consortium or enjoyment of life.
You could also receive punitive damages from the defendant. This type of damage serves as additional penalties for the at-fault party if they deliberately tried to harm you or were egregiously negligent.
Negligence Rules Affect Total Receivable Damages
Texas’ modified proportionate responsibility law (Sec. 33.001 of the Texas Civil Practice and Remedies Code) could play a role in how much you can receive as compensation in your case. If the judge or jury deems you partially liable for your accident, they can reduce your award based on your percentage of fault. For instance, if they establish that you are 30 percent at fault because your bike lights did not provide enough visibility, you will only receive 70 percent of the total damages. Furthermore, you cannot recover anything if the court finds you more liable than the defendant.
A Houston bicycle accident lawyer can help collect critical evidence to support your case. They can search for accident reports, medical documents, eyewitnesses, and anything else to prove the other party’s fault. Additionally, an attorney can compile records of the expenses incurred due to the accident, such as bike repair receipts and hospital bills. These can help to calculate your damages fully.
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Deadlines for Houston Bike Accident Cases
A bike accident case can involve personal injury, wrongful death, or property damage claims. You must follow your state’s filing requirements for these case types if you want the court to entertain your suit. One crucial rule is the statute of limitations, which determine the timeframe during which you can file your case.
Texas Civil Practice and Remedies Code § 16.003 allows you two years to present your bicycle accident suit. Both property damage and personal injury claims share the same deadline. There may be exceptions where the state can pause the countdown for the case. One such exception is if the cyclist is still a child. In their case, the clock may only start ticking once they turn 18.
You might have a difficult time calculating when the statute of limitations started for your claim. A Houston bicycle accident lawyer can assist you with this determination and help you file your suit within the given time limit.
Fight for Your Rights Now
You and your family might struggle with the injuries and financial crises that followed a bike accident. Filing a civil claim against the responsible parties could help you find the compensation and closure you deserve. A Houston bicycle accident lawyer can guide you through the legal challenges you might face.
At Ben Crump Law, PLLC, our team handles personal injury cases, including bicycle accidents, medical malpractice, elder abuse, and fire injuries. Our attorneys work on contingency and do not charge any fees unless they recover compensation for their clients.
For a free case assessment, call us at 800-959-1444 anytime. We have team members available 24/7 to address your concerns.