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Too often, what started as a calm, refreshing ride can quickly become dangerous when a motorist is not careful of his or her surroundings. A bicycle accident can cause serious, permanent injuries, financial losses, and a stressful legal process.
If you or a loved one has been injured in a bicycle accident in Mesquite, Texas, the team at Fielding Law is here to help. We are happy to offer injury victims a no-obligation, free consultation and case review. Call us 24/7 at (877) 880-4090 to get started today.
While every situation is different, there are a number of situations in which you should talk with a bicycle accident lawyer for advice.
Many bicycle accidents are caused by a person’s negligent action or inaction.
Common causes of bicycle accidents include:
In personal injury law, the term “damages” refers to the different types of losses you suffered because of the accident. Collisions involving pedestrians or cyclists sometimes result in serious injuries. Of course, the more serious the injuries, the more damages are suffered.
For example, you may need to take extended time off work, sometimes several months, to undergo necessary medical treatment and rehabilitation. Lost wages due to the injuries caused by an accident can make up a significant part of your damages.
The largest type of damages in an accident are usually medical expenses. Bicycle accidents can cause serious injuries – such as head trauma, fractures, and permanent disabilities – which often require extensive medical treatment.
There are many reasons why an insurance company may deny your claim. Insurance companies have teams that are dedicated to just that – looking for reasons or loopholes in order to reject a claim entirely.
For example, in Mesquite, Texas, a person cannot recover compensation in a personal injury claim if he or she shares over 50 percent of fault for the accident. In a bicycle accident, this may include not wearing appropriate safety equipment, not operating the bicycle safely, or not following the roadway rules. The insurance company may argue that you are not eligible for any compensation at all.
Additionally, important deadlines must be met when filing a personal injury claim after an accident. The insurance company may deny the claim if these pass by before you take action.
In many cases, the insurance company is unable to reject a claim entirely. The question is not whether you will recover any compensation but rather how much compensation you will receive.
Insurance companies know that most injury victims are stressed and under financial pressure after an accident. Often, this makes them feel compelled to resolve the issue and recover compensation as fast as possible. These concerns and worries, while natural, can be used to pressure the victim into accepting an offer that is considerably lower than what he or she is owed.
The settlement offer may not include all damages that should be covered. For example, future medical costs and work implications may not be considered and included in the offer. This often happens when a settlement is offered before the full extent of the injuries is known.
The minimum auto insurance coverage in Texas is $30,000 per person for injuries, up to a total of $60,000 per accident. For minor accidents that result in little to no injuries and minimal damages, this may be enough. However, more serious injuries can quickly exceed this minimum coverage.
When you work with a bicycle accident lawyer, he or she can help you understand the different legal options you have for recovering maximum compensation. Your options may include PIP coverage, underinsured/uninsured motorist coverage, or a third-party personal injury lawsuit.
When a government agency’s negligence is involved, even a seemingly straightforward accident claim can become more complex. This may include situations where a government worker or vehicle was directly involved in the accident, a government agency was indirectly involved, or where insufficient road safety or maintenance contributed to the problem.
In cases involving the local government, separate laws and timelines apply. In addition to paperwork that must be completed before a lawsuit can be filed, municipal and state laws have strict deadlines that must be followed as well.
There are a few common misconceptions about accident claims or lawsuits that can influence an injury victim’s decisions and impact the value of his or her case.
Some states do not allow a victim to recover any compensation if he or she is partially responsible for an accident. Texas, along with a number of other states such as Oklahoma and South Carolina, follows a modified comparative negligence system.
Under the Texas comparative negligence system, a person can recover compensation as long as he or she is less than 51 percent at fault for the accident. The compensation that can be recovered is then reduced by his or her percentage of fault. For example, a person who is 20 percent at fault for an accident may recover 80 percent of his damages lost.
It is easy to become overwhelmed thinking of everything that needs to get done after an accident. In addition to the essential legal process, you are likely also focusing on your own health and the needs of yourself and your family.
A common mistake is to believe that filing a claim can wait. While the statute of limitations in most cases is 2 years, plenty of work must be done beforehand to build and prepare a strong case. Contacting an attorney as soon as possible after an accident ensures that you get the legal help you need and can give your case the best chance for success.
Personal injury victims often face significant financial challenges in the aftermath of an accident. Mounting medical bills and expenses are compounded by weeks or months of lost wages and other financial losses. If a person had to pay a lawyer upfront for help with a personal injury claim, he or she is likely to be unable to afford quality legal representation.
Contingency fees were developed to support victims in situations like this. Instead of the added burden of legal fees up front, our clients do not pay until they recover compensation. This enables them to benefit from qualified legal representation without worrying about any upfront financial implications.
At Fielding Law, we pride ourselves on offering our clients personalized, quality legal representation when they need it most.
When you work with us, you can expect:
Whether you are looking for legal representation already or you still are not sure whether you need a lawyer, the team at Fielding Law is here to help. We want to learn about your needs and answer your questions. Contact us today at(877) 880-4090 for your free consultation.