When a cyclist is riding their bike to work, school, or simply for fun, the last thing they expect is to get into a terrible accident. Unfortunately, when a driver fails to exercise reasonable care while behind the wheel, others on the roadway, including bicycle riders could be at risk of suffering grave injuries. If you were injured by a driver while riding your bike, a Temple bicycle accident lawyer may be able to help you recover your losses.
Do not hesitate to seek the legal help you need and deserve if you have been the victim of someone else’s negligence. A skilled personal injury attorney can give your case the attention it merits and work hard to get you financial compensation for your injuries.
The majority of bicycle crash claims must be proven under the legal doctrine of negligence. This doctrine is comprised of several, distinct elements and a Temple attorney would be required to prove each one to pursue a successful bicycle collision claim on the plaintiff’s behalf. The elements of negligence are as follows:
All drivers have a legal duty to drive with reasonable care to avoid causing an accident. A knowledgeable Temple accident attorney would carefully investigate an injured bicyclist’s claim to help them determine whether the driver can be held liable for their damages.
The comparative negligence rule is another important legal doctrine that can impact a claim for compensation after a bicycle accident. This law, found under Texas Civil Practice & Remedies Code § 33.001, states that a plaintiff can be found at fault for their own injuries and still be allowed partial financial recovery, provided that they were not more negligent than the at-fault party. For example, if a plaintiff is 20 percent responsible for their own injuries, their compensation would be reduced by 20 percent. A skilled bike crash attorney in Temple can help prove against shared fault to help the injured party recover more compensation for damages.
An injured cyclist can recover compensation for their hospital bills, prescription expenses, surgery costs, and other medical bills stemming from the accident. If the cyclist misses time from work because of their injuries, they can collect compensation for wage loss.
An attorney can also help the injured party claim compensation for their non-economic damages such as future lost earning ability, pain, and suffering. It might be possible to claim punitive damages as part of the injured party’s case settlement in some cases.
Texas law requires that injured bicyclists a lawsuit for damages no later than two years from the date the crash happens. Moreover, if someone misses this deadline and tries to file suit after the two-year window has passed, they would not be eligible for compensation any longer. A seasoned Temple attorney can help someone injured in a bicycle wreck file a claim that meets the statutory deadline.
A Temple bicycle accident lawyer can review your case and advise whether you may be entitled to monetary damages. A lawyer can protect your interests and do everything possible to secure your financial recovery.
Set up your case consultation with a Temple accident attorney today.