If you have been injured in a bicycle accident, you may be feeling overwhelmed, anxious, and unsure of what steps to take next. At a time like this, you deserve guidance, support, and a clear understanding of your rights. At Chavez Law Firm we understand how difficult it can be to face physical pain, financial strain, and the uncertainty of dealing with insurance companies. You do not have to go through it alone. If you are worried about your future or have questions about your legal options, know that there is help available to you.
Understanding Bicycle Accidents in Texas
Bicyclists share the road with cars, trucks, and other vehicles, but unfortunately, they are far more vulnerable to serious injuries in a collision. While drivers are protected by the metal frame of their vehicles, cyclists have only their helmets and protective gear. This imbalance leaves cyclists at risk for broken bones, head injuries, and other life-changing conditions. Bicycle accidents in Texas are often caused by distracted driving, speeding, failure to yield, and drivers who do not check for cyclists before turning or changing lanes. The aftermath of these accidents can leave you feeling helpless, especially if you are unsure how to protect your rights.
Your Rights as a Cyclist in Texas
Texas law recognizes cyclists as legitimate road users with the same rights and responsibilities as drivers of motor vehicles. This means that drivers must give cyclists the same level of care and caution as they would another car. Cyclists have the right to ride on most public roads, use bike lanes where available, and expect vehicles to maintain a safe distance from them. If a motorist’s negligence causes a collision with a cyclist, the cyclist has the legal right to seek compensation for their injuries. These rights exist to ensure cyclists are treated fairly and not placed at unnecessary risk on the road.
Common Injuries in Bicycle Accidents
When a bicycle collides with a car or truck, the injuries can be severe. Cyclists are often thrown from their bikes, striking the ground or other objects, which can result in traumatic brain injuries, spinal cord damage, broken bones, and internal injuries. Road rash, which occurs when the skin scrapes against the pavement, can also cause painful wounds that require extensive treatment. These injuries are not only physically painful but can also lead to emotional distress, lost income, and high medical bills. Recovery can take weeks, months, or even years, leaving you unsure of how to manage the financial impact.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Steps to Take After a Bicycle Accident
Knowing what to do after a bicycle accident can help protect your rights and strengthen your claim for compensation. First, it is essential to prioritize your health and seek medical attention right away, even if you do not think you are seriously injured. Some injuries, like concussions or internal bleeding, may not show immediate symptoms. Calling the police is another important step, as an official accident report can serve as critical evidence later. If possible, gather contact information from the driver, witnesses, and anyone else involved. Taking photos of the scene, your injuries, and any damage to your bike can also help document what happened.
How Negligence Plays a Role in Bicycle Accident Claims
In Texas, most personal injury claims, including bicycle accidents, are based on negligence. Negligence occurs when someone fails to act with reasonable care, resulting in harm to another person. For example, if a driver was texting while driving and failed to see a cyclist, that driver could be held responsible for the resulting injuries. To prove negligence, it must be shown that the driver had a duty to exercise care, they breached that duty, and that breach caused the cyclist’s injuries. This is not always straightforward, as insurance companies may try to shift blame onto the cyclist or argue that the cyclist was partially at fault.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Dealing with Insurance Companies
After a bicycle accident, you may be contacted by an insurance adjuster who appears sympathetic and eager to resolve your claim quickly. It is important to remember that insurance companies are focused on protecting their bottom line, not your well-being. Their goal is to pay you as little as possible, and they may try to get you to accept a settlement before you fully understand the extent of your injuries. Speaking to an attorney before accepting any settlement offers can protect you from agreeing to less than you deserve. An attorney can handle negotiations with the insurance company on your behalf, so you can focus on healing.
Compensation You May Be Entitled To Receive
If you have been injured in a bicycle accident, you may be eligible to receive compensation for a range of damages. This can include medical expenses, such as emergency treatment, surgery, rehabilitation, and ongoing care. Lost wages may also be recoverable if you have missed work due to your injuries. Additionally, you may be entitled to compensation for pain and suffering, emotional distress, and any impact the accident has had on your ability to enjoy daily life. The amount of compensation varies depending on the severity of your injuries, the extent of your financial losses, and the impact on your quality of life.
The Role of Comparative Fault in Texas Bicycle Accidents
Texas follows a modified comparative fault system, which means that you can still recover compensation as long as you are not more than 50 percent at fault for the accident. If you are found to be partially at fault, your compensation will be reduced in proportion to your share of the blame. For instance, if you are found to be 20 percent responsible for the accident and your total compensation is $100,000, you would receive $80,000. Insurance companies often use this rule to argue that cyclists share blame for their injuries, which is why having strong evidence and legal representation is so important.
Why It Is Important to Have Legal Representation
Navigating a personal injury claim can be challenging, especially when dealing with insurance companies and legal deadlines. Having an attorney on your side ensures that your rights are protected from the very beginning. An attorney can investigate your accident, gather evidence, work with medical specialists, and calculate the full value of your claim. Without legal representation, it is easy to make mistakes that could harm your case, such as missing deadlines or accepting a settlement that is far less than you deserve. Having an attorney on your side allows you to focus on your recovery while they handle the legal process.
How Long Do You Have to File a Claim in Texas?
In Texas, there is a strict time limit for filing a personal injury claim, known as the statute of limitations. For most bicycle accident claims, you have two years from the date of the accident to file a lawsuit. If you do not file within this time frame, you may lose your right to pursue compensation. While two years may seem like a long time, it is important to act quickly to preserve evidence, locate witnesses, and build a strong case. Waiting too long could make it more difficult to prove what happened and hold the responsible party accountable.
How a Lawyer Can Help You Get a Fair Settlement
If you are worried about your medical bills, lost income, or how you will support your family, you may be thinking about how to get the financial relief you need. While you have the right to represent yourself in a personal injury claim, it is often in your best interest to have an attorney advocate for you. An attorney can negotiate with insurance companies, push back against unfair settlement offers, and, if necessary, take your case to court. Their goal is to help you recover the maximum compensation you are entitled to, giving you the financial stability you need to move forward.
What to Do If You Have Been Injured in a Bicycle Accident
If you have been injured in a bicycle accident in Texas, you do not have to face it alone. You deserve to have someone on your side who will listen to your concerns, explain your legal options, and fight for the compensation you deserve. You may be dealing with pain, emotional trauma, and mounting medical bills, but you have the right to hold the at-fault party accountable for their actions. You can pursue justice and financial recovery, even in the face of powerful insurance companies.
If you have been hurt in a bicycle accident and need help protecting your rights, the Chavez Law Firm is here to support you. Our team is dedicated to helping cyclists like you recover the compensation they deserve. We understand the stress and confusion that can follow an accident, but you do not have to face it alone. Contact the Chavez Law Firm today to learn how we can help you move forward with confidence.