Riding a bicycle is one of your favorite pastimes. Unfortunately, a driver can ignore the rules of the road and slam their car into you while you are riding your bike. If this happens, hold the motorist accountable for the harm they have caused. Discuss the incident with a McKinney bicycle accident lawyer who can help you obtain compensation for your losses.
The Texas Law Dog has recovered millions of dollars in compensatory damages for our clients. Let a McKinney personal injury lawyer from our team represent you in your bike accident case. Schedule a free case consultation with us.
Why You Should Hire a Lawyer if You are Injured in a Bicycle Accident
Getting compensation from anyone responsible for your cycling accident should be simple. However, problems can come up as you pursue compensation for your losses. A liable party can choose not to take accountability for their actions. They can make it difficult to get the money you need to cover your injury costs and other expenses relating to your accident.
A McKinney bicycle accident attorney puts your best interests and legal rights front and center. They understand the common injuries reported after a bicycle accident. Your lawyer crafts an argument to show you should be compensated for your injuries. They position you to secure adequate compensation from any at-fault parties.
The Texas Law Dog can explain the steps to take after a bicycle accident. If you are thinking about legal action against a liable party or are ready to file a lawsuit, we are here to help. Request a free case consultation with us.
Compensation Available in a McKinney Bicycle Accident Lawsuit
Per Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date of a cycling accident to sue anyone responsible for it. A bicycle accident lawyer in McKinney discusses the statute of limitations relative to your case with you. In your lawsuit, they want you to ask for compensation for many reasons, such as:
- The costs of your medical care
- Pain and suffering
- Lost wages
- Loss of enjoyment of life
Your attorney shares FAQs and other legal resources with you. They describe what a lawsuit entails and what you need to do to boost your chances of recovering maximum compensation. In addition, your lawyer details what evidence you can use to compel the court to rule in your favor.
McKinney Bicycle Accident Lawyer Near Me (817) 775-5364
Proof to Use in a Bicycle Accident Lawsuit
Evidence is a difference-maker in a cycling accident lawsuit. A bicycle accident attorney in McKinney gathers evidence from a wide range of sources. Proof that could help you achieve your desired case outcome includes:
- Traffic or surveillance camera footage
- Witness statements
- Police report
- Accident scene photos
Your proof has the potential to lead the defendant to offer a fair settlement. If you receive a settlement before your trial date, review the proposal with your attorney. Together, you and your lawyer can weigh the offer’s pros and cons. If you believe an offer provides sufficient compensation, you can accept it and close your case without a trial.
What it Takes to Prove Negligence in a Bike Accident Lawsuit
Saying a party is negligent and proving that this is the case are two very different things. Your lawyer teaches you about negligence and what it takes to show that a party should be held accountable for your losses. There are four elements of negligence that you must prove were present at the time of your bicycle accident:
- Duty of Care: A party has a legal obligation to comply with the law and avoid any acts that a reasonable person would consider to be careless or reckless.
- Breach of Duty of Care: The party acted in a way that most people would classify as careless or reckless and put you and others at risk.
- Causation: The party’s actions resulted in your cycling accident.
- Damages: You are dealing with economic or non-economic damages because of the accident.
Expect a liable party to collect evidence and prepare an argument to contest your claim that they were negligent. They may say that you are partially to blame for your cycling crash. If they succeed, the court has the option to award you partial damages or no compensation, depending on how much you are at fault.
The Role of Comparative Negligence in a Bike Accident Case
Texas’ comparative negligence statute allows multiple parties to share responsibility for a bike accident. Thus, a motorist can crash their car into you and your bike, and you could still be found partially at fault for the incident.
Based on comparative negligence, you may get partial damages if you are 1-50% at fault for a cycling accident. As an example, the court rules you are 30% liable for your bike accident. A judge or jury may order the defendant to pay 70% of your damages.
Alternatively, if you are more at fault than the other party involved in your cycling accident, you may be ineligible to recover damages. Your lawyer helps you avoid this scenario. As part of their efforts, they can develop an argument designed to make it clear to the court that you are in no way to blame.
When to File a Bike Accident Wrongful Death Lawsuit
It is sad to lose a family member in a fatal bicycle accident. You and your loved ones may experience depression, anxiety, and other pain and suffering as you mourn your family member’s loss. This loss may also have significant financial implications for you and your family moving forward.
Suing someone for your family member’s death may not be a consideration. Yet, this may be an option if your loved one’s death is the result of another party’s negligence. A McKinney wrongful death lawyer is compassionate and empathetic. They can let you know if you have grounds for a lawsuit against anyone liable for your family member’s fatal cycling accident.
If you proceed with a lawsuit, your lawyer handles your legal matters while you and your loved ones care for and support one another. Your attorney keeps you updated as your case progresses. They remain accessible to respond to your legal concerns and questions as they seek compensation on your behalf.
Get Legal Help with Your Bike Accident Case
The Texas Law Dog is a Hopkins County native committed to helping those who have been injured in cycling accidents due to no fault of their own.
We are here to assist you with your bike accident case. Contact us for more information.
