Even when they wear appropriate safety gear and obey every applicable rule of the road, bicyclists are unfortunately still at risk of getting seriously hurt due to motor vehicle drivers. If a reckless or careless driver hit you while you were biking carefully, you may be dealing with physical, personal, and financial losses that feel overwhelming and challenging to overcome.
Fortunately, there is help available from seasoned personal injury attorneys with track records of successful results in similar cases. With a Bee Cave bicycle accident lawyer’s support, you can more effectively demand financial restitution without worrying about common legal or procedural obstacles getting in the way of recovery.
Everyone who operates a motor vehicle on public roads in Texas owes the same legal duty to every other person on or near the road, including motorcyclists, pedestrians, and bicyclists. They are required to adhere to traffic laws and maintain a reasonable awareness of other people nearby. Accordingly, if a driver strikes and injures a bicycle rider due to a reckless or careless act, that driver could bear civil liability for all injuries and losses that the cyclist sustains in the accident.
Examples of negligent behavior can include driving while distracted or simply a brief loss of concentration at exactly the wrong moment. The exact type of negligence or recklessness is not strictly relevant to civil recovery—so long as some irresponsible act was the direct and primary cause of an accident, anyone injured in that accident may have grounds for a claim.
Compensable losses through a bicycle accident can include both economic and non-economic setbacks like:
Furthermore, as a Bee Cave bike wreck attorney can explain, plaintiffs can collect financial compensation for past, current, and future losses. Dedicated legal representation can help an injured cyclist fight for the full extent of compensation they deserve.
Even though bicyclists are at much greater risk of serious harm from collisions with motor vehicles than car drivers are, the cyclists can still be found partially responsible for their own injuries if they were also negligent in some way leading up to their crash. For instance, if a biker was not respecting traffic laws while riding down a busy road, they might face some liability for their own injuries.
Any percentage of fault assigned by a court to a bike crash victim allows for a proportional reduction in that bicyclist’s final damage award. Additionally, if a cyclist is more to blame for a crash than all other defendants combined, Texas Civil Practice & Remedies Code §§33.012 and 33.001 state that they will likely not be able to collect any financial compensation.
Finally, TX Civ. Prac. & Rem. Code §16.003 allows most prospective personal injury plaintiffs two years maximum after sustaining injury to actually start the litigation process. Failure to file suit or have a bicycle accident lawyer in Texas do so on their behalf generally bars a prospective plaintiff from recovering anything for that specific incident.
Getting into a traffic accident while riding a bike may cause injuries that last for months or potentially years, all because one other person acted carelessly or recklessly. To make matters worse, holding a negligent driver liable for their actions can require extensive evidence and legal expertise.
Therefore, contacting a skilled Bee Cave bicycle accident lawyer as soon as possible can be vital to effectively enforcing your rights. Schedule a consultation by calling today.