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Bicycle Accidents

Houston TX Bicycle Accident Lawyer

Accidents and injuries involving bicycles can happen when you least expect them. You share the road with a lot of motor vehicles while riding your bicycle. The majority of these cars are driven by drivers who aren’t accustomed to sharing the road with bikers. These motorists don’t always pay attention, so it’s possible that they don’t anticipate a cyclist darting out in front of them. Having said that, collisions frequently result in severe injury or even fatality that require the assistance of a bicycle accident lawyer in Houston, Texas. 

Few of us possess the legal expertise and experience necessary to pursue our personal injury claims vigorously. However, with Wadler Law on your side, you can be confident that you have the support you need to square off against big insurance providers.

Call Wadler Law and schedule an initial consultation with our Houston TX bicycle accident lawyer. Learn how we can help you win your case!

Why Do I Need a Bicycle Accident Attorney in Texas?

After a major bicycle accident, you could feel overburdened and unclear about what to do. We understand how upsetting, frightening, and helpless you may currently feel. The insurance company may be fighting your claim and attempting to push a lowball settlement offer while you are dealing with financial uncertainty, pain, and a protracted path to recovery.

At Wadler Law, we return the power back to bicycle accident victims. You may feel powerless right now but with our personal injury attorneys on your side, we will fight for the justice and compensation you deserve. If you decide to retain our legal services, we will:

  • Evaluate and assess if you have a case.
  • Provide you with informed legal counsel and assist you in exploring your options.
  • Investigate the incident to acquire information that will support your claim and any damages.
  • Defend yourself against any accusations that you may have caused your accident.
  • Work with professionals to establish the cause, the responsible party, and the extent of your short-term and long-term losses.
  • Manage all negotiations and advocate your best interests at all times.
  • Take your case to trial in front of a jury if insurance companies will not offer a fair settlement.

Fighting for your rights begins with you. Immediately reach out to our bicycle accident lawyer in Houston, Texas to help you understand and navigate the legal system. We recognize how complex it can be for you, but you can rely on us to make this process smooth and easy. Call us or send us a message and let’s start discussing your case today! 

What is a Bicycle Accident?

A bicycle accident happens when a cyclist collides with a vehicle, an object, or another cyclist, causing injury or damage. Cycling is becoming more and more popular, whether you do it for fun, to get healthier, or to get fewer cars on the road. Bicycle accidents are rising along with this surge in usage. Accidents involving bicycles can result in fatalities or serious injuries. No matter where or when you ride, it is crucial to adhere to the laws and regulations on bicycle safety to reduce the possibility of injury.

If you have suffered severe injuries or property damage as a result of a bike incident, it’s critical to understand your legal options and when to seek legal counsel. You deserve a Houston personal injury attorney who has the knowledge, experience, and competence to obtain what you are entitled to. Wadler Law is the legal representative you need to fight for your rights at times like this. Do not hesitate to message our law firm immediately.

What are the Common Injuries in a Bicycle Accident in Houston?

Bicycle accidents can result in a wide range of different kinds of injuries. The severity of the injury may not necessarily correspond to the severity of the collision. For instance, sometimes a slow-motion fall can nonetheless result in severe damage. And a heavy bicycle accident can leave the cyclist or the other motorist with minor injuries. 

The following injuries are most frequently sustained by victims of bicycle accidents in Houston, Texas:

  • Road rash or skin abrasions
  • Road burns
  • Wrist injuries
  • Soft tissue injuries to the neck, shoulders, and back
  • Facial and dental injuries
  • Fractures to the pelvis, feet, and legs
  • Amputation 
  • Traumatic brain injury 
  • Spinal cord injury
  • Catastrophic injury 

You or your loved one might be entitled to compensation from the negligent driver who caused your bike accident. Do not think twice and contact a Houston TX bicycle accident lawyer right away. The sooner you work with an experienced legal counsel, the sooner you can obtain justice and compensation.

What are the Common Causes of Houston Bicycle Accidents?

The same traffic regulations, obligations, and laws apply to cyclists as they do to motorists. If drivers and cyclists respect traffic laws, practice defensive driving, and share the road sensibly, the majority of bicycle accidents can be avoided.

Bicycle accidents can be caused by a number of different factors. However, the majority of accidents are caused by negligence and human error. Not all crashes are the fault of the drivers, sometimes bikers and even pedestrians are to blame.

The following are a few of the most typical reasons for bicycle accidents:

  • Driving under the influence of drugs or alcohol 
  • Driver or cyclist failure to yield
  • Distracted driving 
  • Violations of traffic lights or stop signs
  • Speeding
  • Inattentive motorists 
  • Failure to signal when turning or stopping 
  • Blind spots 
  • Bad weather conditions and poor road visibility 

To ascertain what caused your collision and establish liability, our Houston bicycle accident lawyer from Wadler Law will investigate your accident thoroughly. By proving negligence, we’ll be able to make a case for compensation for you. Contact us immediately to discuss your case.

What to Do After a Bicycle Accident?

The moment that follows a bicycle collision is chaotic, baffling, and terrifying. It’s possible that your rational abilities will be impaired. Here, however, are a few things to keep in mind in the event of a bicycle collision.

  1. Remain at the scene of the bicycle accident until the police arrive.
  2. Make sure you get a medical examination and treatment. Even if you don’t believe you’ve been hurt, still confirm with the doctor that you are fine for your own protection. You may have received internal injuries for which you may not experience pain immediately after the bicycle accident.
  3. Never negotiate with the automobile driver’s insurance company or confess fault or culpability after a bicycle collision. It is best to let your attorneys speak on your behalf at every opportunity. This is due to the possibility that you may wind up admitting fault, which could later be used against you in court.
  4. Gather information and contact information from any prospective witnesses who were there when the bike accident occurred as well as the driver of the car.
  5. Photograph the bicycle accident scene, your bicycle’s damage, your injuries, and the damage to any other cars involved in the bicycle accident.
  6. Keep a record that details all of your medical appointments and expenditures related to the bicycle accident.

Contact our Houston bicycle accident lawyer from Wadler Law to get legal guidance on your next steps.

Texas Bicycle Laws: What to Know?

Knowing your legal obligations is crucial when cycling in Texas. It is particularly crucial following a bicycle accident. 

Modified Comparative Fault Rule

The question of culpability or liability in any accident questions who was at fault and to what extent for the collision. Depending on who was at fault for the injury, different states approach the question of fault in different ways. A person who is more than 50% responsible for the accident cannot be compensated under Texas’ 51% modified comparative fault rule

On the other hand, if the injured party is 50% or less at fault, they are still entitled to compensation. However, the amount of compensation will be reduced by their level of fault. Therefore, in order to be eligible for compensation for injuries caused by another party in Texas, an injured party must prove that their fault, commonly known as proportionate responsibility, was 50% or less.

Right to the Road

In Texas, bicycles are regarded as vehicles. With a few exceptions outlined in the Texas Transportation Code, this implies that cyclists must adhere to the same traffic laws as vehicles. A cyclist, for instance, must proceed in the same direction as automobile traffic on the road. It is illegal to ride against the flow of traffic. Except for avoiding a hazard or making a left turn, a cyclist should ride as near to the right side of the road as practicable.

Bicyclists must follow all traffic signs and signals in Texas, including stop signs and red lights. When applicable, they must also yield the right-of-way to vehicular and pedestrian traffic at junctions. Under current Texas law, it is not illegal to ride a bicycle under the influence of drugs or alcohol. However, a biker who causes a bicycle accident while under the influence may incur legal blame.

Bicyclist Requirements and Responsibilities

In addition to adhering to the majority of the laws of the road that apply to drivers of motor vehicles, bicyclists have additional responsibilities that are unique to them. All bikers, for instance, should keep at least one hand on the handlebar for proper vehicle control, but two hands are optimum (551.102c). Cyclists should not carry anything that prohibits at least one hand from remaining on the handlebars. Bicyclists should also employ hand and arm signals to indicate their intentions to turn or halt to motorists around them (545.107).

Bicycle Equipment Requirements

According to Texas Transportation Code (551.104b), bicycles ridden on a public road must be equipped with the following:

  • A brake capable of stopping the bike on dry, level, and clean pavement
  • If a bicycle is used at night, it must have a white light on the front that is visible for at least 500 feet and a red reflector or light on the back visible from 300 feet 
  • All bicycle riders and passengers are required to have their own saddles

Helmet Law

Currently, there is no statewide helmet law in Texas. Therefore, there are no state rules in Texas requiring cyclists of any age to wear a bicycle helmet. In fact, it is lawful for anyone of any age to ride a bicycle without a helmet, unless otherwise stipulated by a local ordinance. However, it is still highly suggested that all bicyclists wear a helmet whenever they ride a bike.

Where to Ride

  • When traveling slower than the flow of traffic, bicyclists are required to ride as close to the right edge of the road as possible.
  • When moving at the regular pace of traffic, preparing to turn, overtaking and passing, avoiding hazards or risky circumstances, traveling in a lane too narrow to share, and avoiding a mandatory turn lane, full lane use is permitted.
  • Bicyclists are permitted, but not compelled, to use any neighboring bicycle path that is usable.
  • Generally, cycling on sidewalks is forbidden. Local ordinances may vary this rule.

How to Ride

  • Bicyclists may ride two abreast providing they do not disrupt traffic flow.
  • Bicyclists are obligated to slow down and stop at stop signs and traffic devices signaling red.
  • Bicyclists are required to signal while turning or stopping.
  • When passing a stopped vehicle or one traveling in the same direction, bicyclists must show caution on public roads.

Who May Be Liable in a Bicycle Accident?

Other parties may also be responsible for your bike accident in addition to the at-fault drivers may include: 

  • Manufacturers. You might be able to sue the businesses who made the bike or its parts for your injuries if your bike had a flaw and broke down while you were riding.
  • Property Owners / Construction Workers / Other Service Companies. Perhaps you flew over the handlebars as your bicycle tire hit a pothole. The owner of the property, neighboring construction workers, or other service companies could all be liable for failing to maintain the road.
  • Government Agency. A government agency may occasionally be held accountable for a poorly constructed or incorrectly marked road that caused a bike accident.

If these circumstances are applicable to your case, you can pursue claims for premises liability and product liability with the assistance of our Houston personal injury lawyer.

How to Determine Fault in a Houston Bike Accident?

You can file a lawsuit against anyone who contributed to your injuries in a bike accident. Many motorists do not drive carefully when passing a bike on the road. For instance, a driver that is inattentive might not notice a biker until they hit the victim. A vehicular accident claim may be made under these situations on the legal theory of culpability called negligence. You must prove the following in order to hold a party responsible for a bike accident due to negligence: 

  • Duty of Care: The defendant had a duty under the law to act in the same way as another sane person would have in the same circumstance. To ensure the safety of both themselves and other road users, Texas drivers are required to abide by traffic regulations and signage.
  • Breach of Duty: The accused went against their duty of care. For instance, if the motorist struck you while texting, they had breached their duty of care and were acting improperly.
  • The Breach Caused Injury: As the plaintiff, you must demonstrate that the at-fault driver’s negligence directly resulted in your injury. That implies that there must be proof connecting the driver’s negligence to your damage, such as a police report, eyewitness accounts, mobile phone records, post-accident medical documents, etc.
  • Damages: Finally, you must have experienced monetary losses as a result of the defendant’s carelessness. This could result in high medical expenses, missed income, and excruciating agony.

Working with our Houston bicycle accident attorney can help you gather evidence to establish and demonstrate negligence. This process can be more complex than you think. The at-fault’s insurance company will definitely work to pass on the liability to you. You need a legal representative like Wadler Law who can advocate for your rights aggressively. 

How Do I Prove Negligence in a Bicycle Accident in Houston, TX?

Bicycle accidents, like other accidents, require a careful and in-depth investigation to establish how, why, and who was at fault. Our Houston bicycle accident attorneys will carry out an unbiased inquiry regarding your collision and look at supporting documentation like

  • Traffic camera, helmet camera, and dashcam footage
  • Testing for drugs and alcohol at the scene of the collision
  • Witness testimonies 
  • Police report 
  • Whether any arrests or charges were issued Pictures and videos of the accident scene, showing car damage, skid marks, and other details

This information will be utilized to ascertain what caused the accident, what variables contributed, and who is ultimately to blame. When necessary, we will collaborate with specialists in accident reconstruction to offer expert testimony that supports the allegation of negligence.

What is My Houston Bicycle Accident Case Worth?

Accidents are never completely the same. Both the circumstances and the damages differ widely from case to case. Due to this, it is impossible to put a strict monetary value on bicycle accidents or make an educated guess without first conducting a thorough analysis.

Non-economic losses like mental distress and pain are often challenging to quantify and frequently make up the majority of accident claims. These damages have no monetary worth, so you must make a strong case for them using information about your injuries, the types of medical care you received, any permanent disability or deformity, and other elements.

Schedule a consultation with our Houston TX bicycle accident lawyer to determine the viability and potential maximum compensation of your claim.

What Kind of Damages is Available to Bicycle Accident Victims in Houston?

If someone else’s carelessness or negligence led to your bike crash, you have the right to compensation for your resulting losses in terms of money, emotion, and mental health. Damage types can be divided into two groups: financial or economic damages, and non-financial losses.

  • Economic losses. These types of damages have a quantifiable dollar figure or a clear value related to them. These damages may include:
    • Medical bills
    • Future medical care 
    • Therapies and rehabilitation 
    • Medical equipment or medical assistive devices 
    • Property damage 
    • Lost earnings due to an inability to work 
    • Loss of future earnings if you become disabled as a result of the accident
  • Non-economic losses. These types of losses are more difficult to measure financially because they are frequently subjective and highly individualized. Each accident claim’s specific losses can include any or all of the following:
    • Loss of enjoyment of life
    • Pain and suffering
    • Mental anguish
    • Emotional distress
    • Psychological harm
    • Disfigurement 

Your family might be entitled to an additional type of damages if a loved one was killed in a deadly bicycle accident by filing a wrongful death lawsuit in Houston. Punitive damages may also be awarded, if applicable. Punitive damages are a type of damages that a court may impose to punish the at-fault party and discourage them from repeating the wrongdoing. The conduct must be intentionally harmful or grossly negligent to receive punitive damages. 

While some of these costs are simple to compute, others, including future medical care and the effect of injuries and disabilities on future earnings, are more difficult to estimate. You can assess the actual cost of the losses in your injury claim with the assistance of our Texas personal injury lawyer.

What is the Statute of Limitations on Bicycle Accidents in Houston, TX?

Texas personal injury cases are subject to a two-year statute of limitations beginning on the date of the accident. Your right to monetary compensation will be forfeited if you don’t submit a claim by the deadline.

There are a few exceptions to this regulation that can let you prolong this time under certain conditions. Nevertheless, it’s still essential to act as soon as you can. Otherwise, crucial information that could be used to prove culpability, causation, and your losses could be lost.

To begin your case and protect the validity of your claim, contact our bicycle accident lawyer in Houston Texas.

Call our Houston Bicycle Accident Lawyer Now!

After a bike accident, you and your family might struggle with your injuries and your financial situation. You might be able to obtain the compensation and closure you need by bringing a civil lawsuit against the accountable parties. A bicycle accident lawyer in Houston Texas can help you navigate any potential legal difficulties to champion your case. 

Our Texas personal injury attorney and our legal team at Wadler Law are committed to helping you receive the maximum amount of compensation possible. You run the risk of losing the compensation you are entitled to if you sign anything before speaking with us.

Call Wadler Law today to speak with our Houston TX bicycle accident lawyer right away and learn how we can put our broad knowledge, expertise, and resources to work for you!

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