Riding a bicycle is an economical, healthy, and environmentally friendly alternative to driving everywhere you go. Unfortunately, not everyone who gets behind the wheel of an automobile considers the traffic laws designed to keep bike riders safe. Negligent drivers can create serious harm when they collide with a cyclist, causing injuries that can require bike repairs and costly medical bills.
Under state laws, you may qualify to receive compensation from the driver who hurt you. When deciding what to do after a bicycle accident in Leander, consult with an experienced local attorney. A lawyer can help you determine the merits of your case so that you can present your best argument in court.
After a bicycle accident, the injured Leander cyclist should make a police report as soon as possible. Bicyclists and drivers are expected to follow traffic laws and exercise reasonable care when they are on the road. A careless action that breaches the standard duty of care and causes an injurious bike crash may be considered negligence.
The standard of care for drivers includes staying attentive when they are on the move. A distracted driver, such as someone who is texting behind the wheel, may end up veering into a cyclist or making a careless turn that causes a collision.
Even when the law and the facts of the case are on an injured person’s side, procedural limits can affect the amount of money the plaintiff can collect. Filing errors, missed court deadlines, and misapplication of the relevant statutes can hinder the success of a personal injury bike accident lawsuit.
When suing for damages after a bicycle accident, Texas Civil Practice & Remedies Code § 16.003 sets a two-year statute of limitations. That means an injured person generally has two years after a bike accident to file their claim. Missing this deadline will likely get the case dismissed.
The laws for injury cases are typically state-specific. Texas follows a legal principle called comparative negligence. A negligent driver may raise this as a defense, claiming the injured person was also behaving negligently at the time of the wreck and, therefore, should not receive any monetary damages.
Under Tex. Civ. Prac. & Rem. Code § 33.001, a jury may conclude that a plaintiff’s negligence contributed to the cause of their injuries. The jury will then compare both parties’ negligent acts and decide a percentage of fault to attribute to each side.
When a jury finds a plaintiff less than 50 percent responsible for their injuries, the amount of money they may collect will be reduced by the fault percentage the jury assigned to them. However, when the jury deems the plaintiff more than 50 percent responsible for the bicycle accident, they will not receive any compensation.
After a bike collision, a lawyer in Leander can abide by the procedural regulations and argue against accusations of comparative negligence to help an injured person collect monetary damages.
It can be overwhelming to determine what to do after a bicycle accident in Leander by yourself. A local lawyer can help you navigate the legal system, build your case, and advocate for you in court. With the knowledge and experience of a practiced legal professional on your side, you can improve the outcome of your case to get the compensation owed to you. Call us to discuss your legal options.