Apart from a helmet, bicyclists basically have nothing to protect them from the impact of a vehicle, which is why bike accidents often end in catastrophic injuries or death. Unfortunately, Texas is one of the most dangerous states for riders, especially in large cities such as Austin. If you or a loved one have been injured or killed in a bicycle accident, you may be entitled to file a legal claim for financial compensation.
The Villarreal & Begum, LAW GUNS is a leading Austin personal injury law firm. Our lawyers will assess the facts of your case, determine who is responsible, and fight for the financial security you need to recover. Call (512) 800-0000 or contact us online to arrange your free initial consultation.
When you trust The Villarreal & Begum, LAW GUNS with your case, you benefit from a team of bicycle accident attorneys who know how to get results. We will:
We have extensive trial experience and a record of success. If the insurance company only offers a lowball settlement, rest assured we will be prepared to litigate on your behalf. You can feel confident knowing that your anxieties and worries are being taken care of and given the dedicated attention of a highly skilled bicycle accident attorney.
Our personal injury firm handles all bicycle accident cases on a contingency basis, which means you owe us nothing unless we recover money for you. Talk to us today to learn what we can do for your case.
Travis County, where Austin is located, is second among the top 10 counties by the total number of bicycle crashes between 2010 to 2016, according to the Texas Department of Transportation (TXDOT).
The state of Texas as a whole is the third most dangerous state for bicyclists. Should an accident occur, you’ll want to work with a legal team that knows how to hold careless drivers responsible for their actions.
When a car or truck hits a bicycle, the rider is likely to suffer severe injuries if they are not killed. Those often include the following:
Bike accident victims typically face high medical expenses, time away from work, and long periods of rehabilitation and recovery. An Austin bicycle accident attorney will demand the fair compensation your claim deserves.
If you’re injured by a negligent motorist, you can seek both economic damages and non-economic damages incurred by the accident.
In some instances, punitive damages may be available. Also known as exemplary damages, their purpose is to punish a defendant for gross driver negligence or severe misconduct. If you were struck and injured by a motorist with several DUIs on their record, the court may decide to award punitive damages. Your Austin bicycle accident attorney will advise whether these damages may apply to your case.
In most bicycle accidents involving a vehicle, the motorist is usually found at fault if they failed to yield the right-of-way to the cyclist. The motorist will usually be found at fault if they were driving distracted. He or she may be in violation of one of those laws and found negligent if they hit you while driving distracted, speeding, or under the influence of alcohol or drugs.
Texas is an at-fault state for accidents involving motor vehicles, so you would file your personal injury claim with the insurance provider for the at-fault driver. If they were uninsured you have a couple of options:
In a bicycle accident case, there are various factors that affect the settlement value. They include but may not be limited to the following:
Since every case is unique, it is impossible to give an average settlement value for bicycle accidents in Texas, but a skilled lawyer will negotiate for maximum compensation so that financial worries and access to medical care don’t impede your recovery.
If a distracted driver or someone driving under the influence of drugs or alcohol hits you with their vehicle, your priority should be getting medical attention, even if you don’t think you’ve suffered more than a few bruises. Potentially severe injuries don’t always show symptoms immediately after an accident, so call 911.
While you’re waiting for the police and an ambulance to arrive, take the following steps;
When the police show up, request that they send you a copy of the police report once their investigation concludes. If you called an ambulance for visible injuries, the next step is to go to the hospital for medical care. (If you don’t think you were injured, see your doctor as soon as possible just to make sure.) Once there’s a medical record of your injuries, you’re ready to file a bicycle injury claim.
You should reach out to an experienced lawyer as soon as a medical examination confirms that you’ve been injured. If the at-fault party was insured, you’ll be hearing from their insurance company as soon as it learns of the accident. Claims adjusters are usually friendly and concerned over the phone, but you should never forget that insurance companies stay in business by paying as little as possible in claims.
For example, if they ask how you are and you say, “I’m fine,” they may later argue that you’re not as injured as you claim.
If you don’t have legal representation at the time you get the call, tell the insurance adjuster that you’ll call them back with your lawyer’s information. Then schedule a consultation with a Texas bike accident lawyer.
There are times when both the driver and the bicyclist can be considered negligent. In these cases, it’s important that an experienced attorney reviews the facts of your accident since Texas uses a modified system of comparative fault. That means your total damages awarded will be reduced by your percentage of fault, and if you are more than 50 percent at fault you cannot obtain compensation from any other responsible parties.
For instance, if a court finds the motorist 75 percent at fault and the bike rider 25 percent, the bicyclist will be entitled to recover 75 percent of his or her damages. Texas law permits a bicyclist to recover damages as long as their percentage of fault is less than the other’s party.
Insurance companies are notorious for trying to assign an unfair percentage of blame to injury victims to minimize or avoid any payout, but an experienced injury lawyer can protect your rights by handling all negotiations with the insurer.
The statute of limitations in Texas for bike accidents is two years from the date of the incident, so you want to contact a bike accident attorney in Austin as soon as possible. Otherwise, your claim may become time-barred and you won’t receive compensation.
Texas law does recognize some exceptions to the two-year deadline. They include:
If you are wondering how the statute of limitations may apply to your personal injury case, speak with an experienced Texas bicycle accident lawyer.
The bike accident attorneys at Villarreal & Begum, LAW GUNS work tirelessly to help bicycle accident victims in Austin and communities throughout Texas. We will guide you through the legal process and fight to recover the compensation you need and deserve for all of your medical expenses, lost wages, and other damages. Call our Austin office at (512) 800-0000 or contact us online to have our attorneys provide a complete evaluation of your case during a free consultation.