Can You Sue For Bicycle Accidents In Texas?

Bike riding is not only a fun way of getting around but is also a good form of exercise. However, the enjoyment quickly ends when an unexpected accident occurs. In fact, according to the Texas Department of Transportation, there were 2,349 traffic accidents involving bicyclists in Texas during 2022 alone.

The cause of a biking accident in Texas is usually negligence on the part of an automobile driver. Sadly, such negligence can result in a bicycle rider facing costly medical bills and losing days from work due to serious injuries from the accident. Rightly so, an injured rider would want to know his or her legal options for pursuing compensation.

If you or your loved one has recently been involved in a bicycle accident, don’t deal with the aftermath alone. Fielding Law is here to help. Our attorneys have decades of experience in handling all types of personal injury cases and can provide the legal assistance you need. Call us at (877) 880-4090 for a free consultation.

Most Common Causes of Bicycle Accidents in Texas

Although bicycle accidents are caused by different factors, as mentioned, the most common cause is a careless driver.

A driver’s negligence might look like the following:

• Distracted driving: A distracted driver is a serious threat to the safety of a bicyclist because his or her attention is diverted from concentrating on the road. This brief diversion may cause the driver to crash into a cyclist alongside or in front of the vehicle. Common types of distracted driving include using the phone, putting on makeup, engaging with passengers, or eating and drinking. 

• Failing to provide a safe buffer: When a driver follows a cyclist too closely, he or she is at risk of hitting the cyclist. If an accident does occur, it is likely that the biker will be left with serious and potentially life-changing injuries.

• Reckless driving: Speeding, improper lane changing, running stop signs and red lights, and failing to yield are all forms of reckless driving. When a person flagrantly disregards traffic laws, he or she is putting the safety of cyclists on the road at risk. 

• Driving under the influence: A driver under the influence of drugs or alcohol will inevitably have impaired judgment. Additionally, his or her reflexes may be much slower than normal. This results in the vehicle weaving in and out of lanes. Such substances may impact the driver’s judgment so much that he or she may even drive on the opposite side of the road, which can result in a cyclist being struck head-on. 

• Drowsy driving: When a driver fails to get sufficient rest, he or she runs the risk of striking a biker on the road. This is because, similar to driving under the influence, a fatigued driver’s judgment is impaired. Driver fatigue can be due to several other factors such as a sleep disorder or the influence of medications.

• Dooring: Unlike other causes of bicycle accidents in which the vehicle is moving, dooring occurs when a vehicle is parked. If a driver or passenger fails to check for a potentially passing bicycle before getting out, this can cause the cyclist to crash into the open door. Due to such negligence, the biker may be left with severe injuries if he or she had been cycling at a considerable speed.

Please be aware that this list is by no means comprehensive. Other causes of bicycle accidents may take place due to other factors besides driver error – such as hazardous road conditions or equipment failure. Even these may be caused by negligence, entitling the injured cyclist to pursue a lawsuit for compensation.

Why Pursuing a Lawsuit May Be the Best Option for You

In order to receive compensation for damages suffered, all potentially liable parties would need to be identified. Next, it must be proven that the at-fault party’s negligence was indeed the cause of the bicycle accident and that the cyclist’s injuries were a direct result of the crash. Unfortunately, this process is not as simple as it may seem. 

For example, at first glance, it may appear that a negligent driver is solely at fault for the crash. However, an investigation may reveal additional potentially liable parties, such as the manufacturer of a faulty car part. Any of all of these potentially liable parties may deny responsibility for the accident. 

What’s more, negotiations with insurance companies can be complicated. The insurance company of the at-fault party may skillfully use tactics to minimize the personal injury claim. The insurance adjuster may even use statements made by the victim to attempt to dismiss the claim outright. 

In cases like these, a lawsuit may be the only recourse for you, as a cyclist, to get fair compensation. This is why you need to have the assistance of a personal injury lawyer who is familiar with handling bicycle accident claims. An experienced bicycle accident attorney would know how to perform a thorough investigation to gather evidence, isolate the facts, and pursue all potentially liable parties for fair compensation. 

Your personal injury lawyer can also file a lawsuit if he or she cannot negotiate a fair settlement or if the damages you suffered exceed the limits of the insurance company. Going to court may be especially necessary if you have experienced the tragedy of losing a loved one in a motorcycle crash. In this case, you may have to file a wrongful death lawsuit. 

Types of Compensation You May Be Entitled to Receive 

While it is true that some bicycle accident injuries may be mild, bike accident injuries tend to be life-changing. If your bicycle accident injuries resulted from negligence on the part of another party, you have the legal right to be compensated for damages suffered. 

Compensation for your losses and damages may include:

• Current and future medical expenses
• Present and future lost income
• Household renovation for disabilities
• Pain and emotional suffering
• Loss of enjoyment of life

Get Your Bicycle Accident Claim in Good Hands Today

If you or your loved one has experienced a bicycle accident, you may be feeling overwhelmed by the changes unfolding in your life. As if the physical pain were not enough, you may be dealing with an onslaught of medical expenses, coupled with an inability to return to work. Trying to juggle pursuing fair compensation with focusing on healing is more than enough for anyone to face. 

So make things easier for yourself by letting the experienced bicycle accident lawyers of Fielding Law in Mesquite, Texas, handle the legal work for you. Don’t make the mistake of speaking with an insurance adjuster before speaking with one of our personal injury attorneys. 

As mentioned, an adjuster may try to use your words against you to lessen the value of your claim. Nevertheless, our law firm has the knowledge and resources to perform a thorough investigation of the accident to determine who is liable. 

The bicycle accident lawyers of Fielding Law serving Mesquite, TX, can use their years of experience in personal injury law to aggressively fight to get you fair compensation for your losses. Let Fielding Law’s knowledgeable personal injury attorneys represent your claim and get you every penny you deserve. Call us at (877) 880-4090 for a free consultation.