Hutto Bicycle Accident Lawyer
Riding a bicycle can be much more environmentally friendly and physically healthy than driving or riding in a car, but it can also be more dangerous. Even if you wear a helmet, obey traffic laws, and stay focused on your surroundings at all times while riding, a single careless or reckless act by a nearby driver could lead to an accident that leaves you with catastrophic injuries and losses.
Fortunately, guidance from a skilled Hutto bicycle accident lawyer can be key both to understanding what rights you have in this sort of situation and to proactively enforcing those rights through settlement negotiations or civil litigation. Whether you just need help covering short-term expenses or you are recovering from life-altering harm, working with a seasoned personal injury attorney may be vital to getting back on your feet.
Common Causes of Bicycle Accidents
Motorist-related accidents are the most dangerous and common for bicyclists. When a motorist is negligent, they are engaging in an action that puts the bicyclist at high risk of injury. Motorists often speed to get to their destination, but do not leave enough room to stop if you are biking in front of them. They also may be distracted because they are texting behind the wheel, eating, talking to a passenger, or fidgeting with the radio. Any action that takes a driver’s mind off driving, hands off the wheel, or eyes off the road is distracted driving.
Merging into a bicyclist’s path without checking that the lane is clear and weaving in and out of traffic lanes can also cause accidents. After parking on the street, motorists often forget to check their side mirrors before opening the car door, which can lead to a dooring accident when an unaware bicyclist crashes into it.
Another common bicycle accident occurs when a motorist is driving drunk and progressively loses the ability to make sound, snap decisions to ensure those sharing the road are safe. These accidents range from running stop signs or red lights, to misjudging the buffer to leave when behind or passing a bicyclist.
What to Do After a Bicycle Accident
You can be knocked unconscious by a driver who clips you, so wearing a medical alert device and carrying identification can help first responders understand your medical conditions and contact your family.
If you are injured but conscious, assess whether you can move to the side of the road safely. You can also ask a witness to divert traffic by blocking the road with their vehicle. Other actions you should take include:
- Calling 911 or asking a witness to call
- Refraining from telling police and emergency medical personnel that you are fine
- Taking cell phone pictures of the damage and your injuries, or asking a witness to take them
- Looking for security cameras that may have recorded your accident
- Asking witnesses for their contact information
- Exchanging insurance and contact information with the driver
- Refraining from blurting out that you bear some blame for the accident or apologizing to the driver, implying fault
- Asking at the hospital for your personal physician to be notified
- Preserving evidence, including your mangled bicycle, clothing, and protective gear
- Complying with all physicians’ directives
The last action you should take after a bicycle accident is to contact a knowledgeable Hutto lawyer who will assess evidence and determine your best path forward for compensation.
Are Drivers Always to Blame for Bike Collisions?
Drivers owe the same duty of care to everyone on the road, including motorcyclists, bicyclists, and pedestrians. This means that if a driver strikes and injures someone riding their bike because they themselves did something irresponsible or illegal, they breach their duty of care and will likely be responsible for any ensuing losses.
However, bicyclists also need to act responsibly, and a rider who partially causes a crash due to their negligence might be barred from collecting some damages. For example, Texas Civil Practice & Remedies Code §33.001 prohibits anyone found primarily at fault for an accident from recovering any civil compensation for ensuing injuries, and TX. Civ. Prac. & Rem. Code §33.012 allows courts to proportionally reduce the available compensation for any cyclist or plaintiff assigned a smaller percentage of fault.
Furthermore, certain bike accidents may stem from negligence by people who were not directly involved in the wreck at all—municipal authorities who failed to maintain riding surfaces in good condition, for instance, or a manufacturer that produced a fundamentally flawed bicycle. A knowledgeable Hutto bike accident attorney can provide crucial assistance with sorting out who is to blame for a specific incident and taking action against them accordingly.
Recovering for All Available Damages
Both economic and non-economic forms of harm stemming from accident-related injuries can be factored into a comprehensive bike accident claim, including:
- Medical bills
- Lost work wages/salary
- Property damage, including bike repair/replacement costs if needed
- Physical pain and suffering
- Emotional trauma
Additionally, if a bike collision causes long-term or permanent injuries, it may be important to incorporate future losses like rehabilitative care costs, lost ability to work, and reduced enjoyment of daily life. Once again, a bicycle accident lawyer in Hutto can help identify what losses may be compensable in a specific situation and what financial values they should be assigned.
Statute of Limitations for Bike Crash Claims
The Statute of Limitations is the amount of time you have to pursue a personal injury lawsuit. Generally, you have two years from the date of your bicycle accident, with some exceptions. Failing to file your claim with the court within the time frame will result in your case being dismissed.
The time limit can be tolled in certain circumstances. If the motorist who crashes into you leaves the state, the two-year clock stops until they return, and if you are a minor at the time of your accident, the clock stops until you turn 18, giving you until age 20 to file. Accident time limits also toll for those with unsound minds and resume when treatment is finished.
The Texas Tort Claims Act specifies that if you are suing a government entity, you must give written notice that you are filing a claim within six months of the accident.
Talk to a Hutto Bicycle Accident Attorney Today
While bicycle accidents generally do not occur at the same speeds as motor vehicle collisions, they can still cause the same level of life-changing trauma. Fortunately, you have a right to demand restitution from whoever is directly responsible for your accident for all your short-term and long-term losses.
A Hutto bicycle accident lawyer can play a key role in achieving a favorable resolution to this sort of civil claim. Call today to schedule a consultation and learn more about your legal options.
