The popularity of cycling has led to the promotion of bike lanes throughout San Antonio. Unfortunately, the prevalence of cyclists on the road has also increased the number of injury accidents. When cyclists collide with motor vehicles, the resulting impact could cause life-altering injuries and severe damages. A compassionate personal injury attorney can help a cyclist pursue legal action against the driver that struck them.
If you or a loved one were injured while riding a bike, you have the right to seek compensation from the person responsible for the crash. A San Antonio bicycle accident lawyer can analyze the facts of your case and help you hold the reckless party accountable for damages. En Español.
Many different combinations of factors could combine to cause an unexpected crash involving bikes and cars, but some causes are more common than others. Generally speaking, most bicycle crashes happen due to speeding, distracted driving, not looking out for cyclists, and failing to yield the ride of way. In other situations, a driver might rear-end a cyclist by not stopping quickly enough at a red light.
Meanwhile, some other less common triggers include but are not limited to texting while driving, accidentally travelling too close to a bike rider in the same lane, or operating a motor vehicle under the influence of alcohol. Any of these behaviors could cause a crash that results in severe injuries and determining the cause of the collision is a crucial part of filing a civil claim. Thankfully, a hardworking attorney in San Antonio can investigate the cause of a bicycle accident and demonstrate that a negligent defendant is to blame.
Unfortunately, many defense attorneys and insurance companies try to deny blame for bike accidents. Instead of accepting responsibility and paying an injured person their rightful benefits, insurance companies frequently try to shift all or some of the blame onto the bike rider by claiming that their actions contributed to the crash, such as by doing the following:
Fortunately, Texas courts operate with modified comparative negligence rules, which means that a cyclist could still pursue a claim as long as their actions were 50 percent or less to blame for the crash. However, a court would reduce their total recoverable damages in proportion to their degree of fault. For instance, if a cyclist was driving against the flow of traffic, a court could determine they were 30 percent to blame for the crash. If their suit is successful, they would be entitled to collect 70 percent of their total damages.
A defendant could even argue that a bike rider’s actions contributed to the severity of their injuries, such as by saying that the cyclist chose to ride without a bike helmet. Although there is no statewide law requiring cyclists to wear helmets and the local mandate for helmet usage in San Antonio only applies to minors, the fact that an adult cyclist was not wearing a helmet could still impact their recovery of damages in a lawsuit. A court could determine that a cyclist’s lack of a helmet caused their injuries to be 40 percent more severe, in which case the cyclist would only be eligible to pursue 60 percent of their overall damages from the bike accident.
Fortunately, the determined San Antonio legal team at Felix Gonzalez Law is extensively familiar with how Texas’ comparative negligence rules could impact the potential recovery of damages after a bike crash. Our dedicated legal team knows how to build solid claims proving the liability of the at-fault driver, so that the injured cyclist is not falsely blamed.
The weight disparity is significant between bicycles and motor vehicles. Given the size of these vehicles and the lack of protection offered by a bike, the injuries a bicyclist can sustain can be devastating in a bicycle crash. Bike accidents are often fatal. Those that survive these collisions could face long-term or permanent injuries that could dramatically alter their quality of life. Some of the type of severe injuries a bicyclist could sustain include:
A person injured in a San Antonio bicycle accident can benefit from engaging with an attorney to bring a civil claim. By pursuing the responsible driver for compensation, the injured cyclist could recover compensation for their injuries.
The actions that cyclists take right after a bike crash can have a great impact on their ability to later pursue a lawsuit.
Injured cyclists should seek medical attention for their injuries. A doctor’s medical record could also serve as proof linking the injuries to the bike crash.
Injured cyclists should take pictures of their injuries and anything else remarkable at the scene. They should also write down what they remember about the crash.
Reporting the accident to 911 is helpful because a police officer will arrive at the scene and begin an investigation. They will gather contact information of anyone who witnessed or was involved in the bike collision. Experienced attorneys could use that information to follow up with a more detailed investigation.
Speaking with an attorney as soon as possible after a San Antonio bike wreck is also essential. A knowledgeable local legal team can protect your rights and help you seek justice.
The compensation in a bike accident claim will depend on the type and severity of the injuries. There are two types of damages that are commonly available in bicycle accident claims, including economic and non-economic damages. In cases where a bicycle accident results from egregious conduct, punitive damages may also be awarded.
Economic damages are losses stemming from an accident that are easy to quantify. They involve compensation for medical bills, bicycle repair costs, or lost wages. These types of damages allow an injured cyclist to recoup out-of-pocket expenses like hospital bills or bike repair invoices. If they need to replace a set of bike parts, completely replace the vehicle, attend physical rehabilitation sessions, or pay for in-home treatment, economic damages could help repay for these aspects. These reimbursements could even cover the cost of replacing a broken helmet, expensive clothing that got ripped in the crash, or a cellphone that smashed when hitting the road.
Not all losses from a bicycle accident are monetary in nature. The compensation for these losses is known as non-economic damages. Common types of economic damages include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. For example, if a wounded cyclist has new physical limitations like back pain, financial compensation could account for the impact of this reduced quality of life. Non-economic damages could also reimburse for the emotional impact of physical disfigurement, like scarring or severe road rash. All of these traumatic setbacks or losses deserve consideration, and non-economic repayments can help.
While rare, punitive damages could be available in a bicycle accident claim. Punitive damages serve the purpose of punishing the cause of a bicycle accident. Juries will only award these damages when they find the defendant to have acted with extreme recklessness or malice. For example, if a driver is found to be intoxicated during the crash, they could be held liable for damages.
Unfortunately, people injured in bike crashes do not have unlimited time. Texas state law generally only gives injured cyclists two years from the date of their injury to file a claim.
In the unfortunate event of a loss of life from a bike crash, a compassionate San Antonio attorney can guide their grieving, surviving family members through the process of a wrongful death lawsuit.
In addition to pursuing a claim against an at-fault driver, an injured cyclist might also be able to sue the manufacturer of a defective motor vehicle, the at-fault driver’s employer if they drove as part of their employment duties, or the municipality or agency in charge of roadway maintenance and repairs.
A personal injury resulting from a bike crash could take weeks or even months to heal. In many cases, the injuries and damages sustained in a crash could be permanent. A San Antonio bicycle accident lawyer can help you seek compensation for damages.
Call today to schedule a consultation.
