It can be terrifying when a driver strikes a cyclist, especially at a high rate of speed. At The Texas Law Dog, we represent injured cyclists and work to protect their legal interests after serious accidents.
Contact our bicycle accident lawyer in Dallas for a free consultation. Let our Dallas personal injury lawyers investigate and build a claim that reflects your losses. We are available 24 hours a day, seven days a week.
The Importance of Hiring a Dallas Bicycle Accident Attorney
Riding a bike is an excellent activity for city dwellers—it is healthy for cyclists and the environment. At peak traffic hours, bicycling to work may even save time. Many people who do not commute by bicycle cycle for recreation, in part because the flat landscape around Dallas makes it enjoyable even for those who are not in top shape.
Cycling has a dark side, though, and it is motorists. Drivers frequently are inattentive to cyclists, and some are downright hostile. This can result in accidents and serious injuries.
If a cycling accident left you injured or damaged your bike or other property, you might have a valid claim for damages against anyone who was negligent. It is a good idea to consult with a Dallas car accident lawyer soon after your accident to determine whether seeking money damages is a worthwhile option in your case.
Common Causes of Bicycle Accidents in Dallas
One of the steps our bicycle accident attorney in Dallas will take is to complete a full investigation. We learn the cause of the accident so we can then seek action against all parties involved. In our city, some of the most common causes of bike accidents include:
- Driver distraction. Drivers using their phones or updating their GPS are a very common cause of accidents in Dallas. Victims face serious injuries because drivers fail to notice them on turns or at intersections.
- Reckless driving. Speeding, such as on Cedar Springs Road or Oak Lawn Avenue, poses a high risk of accidents. Drivers who are weaving in and out of traffic or fail to stop before turning cause many accidents.
- Driver fatigue. When a driver is tired, they are unable to focus properly on the road. They may not notice the rider or, if they do, they may not judge distance properly. Swerving into the bike lane can also cause these accidents.
- Impairment. Drivers under the influence of alcohol or drugs are also more likely to cause serious injuries to riders. They fail to see the rider or may swerve into them.
- Lack of experience. Some people do not know how to share the road with a cyclist. This leads to misconceptions about who has the right of way.
- Poor road conditions or visibility. Sometimes a city may fail to maintain roads properly, or property owners may fail to keep visibility clear by allowing trees to obscure views.
- Aggressive driving. There are some situations where victims suffer serious and life-threatening injuries as a result of aggressive driving, such as drivers tailgating cyclists or intimidating them by refusing to allow them to merge. This is dangerous and intentional.
When you are struck by a car or truck, you have every right to seek legal action if you can demonstrate the driver acted negligently. Every situation is different, but our team will fully investigate your case to understand all factors contributing to your accident and injuries. Do not hesitate to contact us to learn more about your rights.
Dallas Bicycle Accident Lawyer Near Me (817) 775-5364
Bicycle Riders Often Suffer Serious Injuries
When a vehicle or truck strikes a rider, the risk of serious and life-threatening injuries is high. Victims often find themselves with significant physical injuries as well as emotional trauma. You should receive compensation for all of your losses. If you have any of the following serious injuries, you may be owed substantial compensation:
- Head injuries resulting in traumatic brain injuries, such as concussions
- Broken bones, often with complicated fractures
- Neck and shoulder injuries, including whiplash
- Fractured vertebrae causing herniated discs or spinal cord damage
- Amputations from complex injuries
- Road rash and resulting infections
- Lacerations and bruises
- Internal bleeding and organ damage
In these cases, you may have a long road to recovery ahead. That may include months of hospitalization and rehabilitation. You may also need ongoing support if you do not fully heal. Our bicycle accident attorney in Dallas provides you with the resources necessary to recover fair compensation.
What to Do if Your Family Member Loses Their Life in a Bike Accident
The physical trauma of being struck by a vehicle can be too much to overcome, and for many people, it leads to a loss of life. Our wrongful death attorney in Dallas works closely with family members facing the ultimate loss to give them direction and support. If your loved one lost their life due to the negligence of others, you may be able to seek justice and compensation, such as:
- Final medical expenses
- Funeral and burial costs
- Pain and suffering for the victim
- Ongoing suffering for family members, including emotional trauma
- Loss of financial support if they were a wage earner in the home
- Loss of companionship
These are just some of the losses our legal team may seek on your behalf. We encourage you to contact us immediately for a free consultation so we can begin working to protect your case and rights. Even if you are unsure you have a case, The Texas Law Dog wants to speak to you to protect your right to justice.
Bicycle Laws in Texas Could Impact Your Case
Under Texas driving law, bikes are classified as vehicles, which means cyclists have the same rights and responsibilities as drivers. That means cyclists travel in the same direction as traffic, must stop at all stop signs, and must stop at lights. Additional rules include:
- Riders must ride as close as practicable to the right curb or edge, unless they are turning left or passing another person. It is illegal to ride against traffic.
- Cyclists must have proper lights and reflectors on their bikes when riding at night.
- Riders may be forbidden from riding on sidewalks, depending on local city laws.
- There are no statewide requirements for riders to wear a helmet while on a bike, though some cities may have laws in place requiring it.
- Drivers must yield to cyclists in the same way they would to a car sharing the road.
Often, drivers fail to understand the rules and responsibilities involving cyclists, including the requirement to yield the right of way as they would to a car. Accidents often occur when drivers fail to comply with these laws. That can affect your right to receive compensation.
The Role of Comparative Negligence in Texas Bike Accidents
Understanding the laws governing biking in Texas is important because they may influence the outcome of your case. Texas follows a modified comparative negligence rule, also known as proportionate responsibility. There are several factors to consider in these cases:
- If you are found partially at fault, you may be able to seek compensation. You can only seek compensation if you are found to be 50% or less at fault.
- If you are 50% or less at fault, the value of your claim drops by the percentage of fault attributed to you by the insurance company or courts. You want this to be as low as possible.
- If the insurance company or court finds you to be 51% or more at fault, you are barred from recovering any compensation. This is a very important factor that insurance companies will try to exploit.
Your Dallas bicycle accident lawyer will build a claim that proves you were not at fault when possible, thereby protecting your assets. If we cannot prove you were not at fault, expect our team to build an evidence-based claim that reduces the level of responsibility assigned to you to the lowest possible extent. Let us use our experience and knowledge to minimize these risks.
Proving Negligence in a Bike Accident
When an injured person seeks compensation for damages from the negligent party, the plaintiff must prove that the defendant was negligent. This showing requires the plaintiff to establish that the defendant:
- Owed the plaintiff a duty
- Breached the duty
- The breach caused harm to the plaintiff
- There was actual harm, not potential harm or possible harm
When a cyclist and a vehicle collide, there is usually no question about proving a duty. All motorists must handle their vehicles responsibly, and the law requires them to watch for and avoid other road users, such as pedestrians and cyclists.
If a motorized vehicle hits a cyclist, there is likely a breach of the duty to take reasonable care. Proving actual harm requires showing that the plaintiff was injured or that their property was damaged in the accident.
How We Fight Back When You Are at Fault
There may be more than one negligent party in a bicycle accident. If an injured cyclist’s negligence contributed to the accident or the severity of the injuries, they still may seek damages from other negligent parties. The Texas Civil Practice and Remedies Code §33.001 makes all parties responsible for the effects of their own actions.
In practice, a plaintiff who is 51% or more at fault for an accident has no opportunity to seek damages. However, a persuasive injury attorney could present evidence to convince a jury that the cyclist’s negligence was less severe than the defendant’s.
As long as a cyclist is not primarily to blame, they could collect damages from other, more negligent parties. A judge will reduce any award the cyclist receives by an amount proportionate to the plaintiff’s degree of fault.
Quick Decisions Lead to Better Results
A potential plaintiff has only two years from the date of the accident to file a lawsuit seeking damages. This is a relatively brief period, so persons who have suffered injuries in bicycle accidents must plot their future course expeditiously. Seeking advice from a bicycle accident attorney in Dallas soon after an accident can help an injured cyclist clarify their options.
Speedy decision-making is even more critical if one of the defendants is the State of Texas or a local government. Texas law requires plaintiffs to notify the State or local government of their intent to bring a claim, and this notice of claim must be filed within six months of the accident. Failure to file the notice of claim on time can defeat any later lawsuit seeking damages.
There are a few exceptions to this statute of limitations (Civil Practice and Remedies Code Chapter 16). When you contact our Dallas bicycle accident lawyer right away, we can begin to process your claim and reach a settlement with those at fault quickly. That gives you time to file a lawsuit if necessary.
Compensation Available in a Bicycle Accident Case
In every situation, the value of your claim depends on the severity of your injuries and on our ability to prove a robust claim as your lawyer. Victims with serious injuries and permanent losses benefit from working with our skilled legal team because we know how to maximize claims. The following are examples of losses you may incur:
- Medical expenses: You may be eligible to recover all of your medical costs, including emergency care, hospitalization, surgeries, medications, and specialist care. This includes any losses you can prove related to your medical care.
- Future medical costs: Many people need follow-up procedures, cosmetic surgeries, or ongoing supportive care after these serious accidents. Your future medical costs related to the accident are a component of your claim.
- Loss of income: You can file a claim that includes all losses you incur from time missed at work. This includes any loss of benefits, bonuses, overtime, or other compensation you did not earn.
- Diminished earning capacity: Victims with ongoing injuries and permanent losses may be unable to return to their jobs. You may need to work differently. Some people cannot work at all.
- Pain and suffering: From the moment the vehicle strikes you throughout your future, you may experience intense pain and limitations as a result of your accident. We fight for fair treatment.
- Mental anguish: Victims face terrifying moments, often resulting in the development of post-traumatic stress disorder, depression, and anxiety.
You may have many other losses that you have the right to recover after a bike accident. Our bicycle accident lawyer in Dallas will work closely with you to understand how this accident impacted your health and well-being. This allows us to pursue full and fair compensation to the extent permitted by law.
What Our Bicycle Accident Attorney in Dallas Will Do for You
When you contact our legal team, we provide a free consultation and a review of your case. If you decide to work with us, we will begin building your case and claim, investigating your accident from the start. Every case deserves careful legal attention and oversight, and you can expect us to be there for you. We will:
- Gather all evidence in your case. That includes witness statements, surveillance footage, accident reconstruction, and any photos of the incident.
- Determine all parties at fault. There may be more than one party at fault for your injuries and losses, and we want to make sure you receive fair treatment by pursuing claims against all responsible parties.
- Build a claim that includes all of your losses. We look at all implications for your health and well-being. We then negotiate fiercely on your behalf, holding the insurance company fully responsible.
Most of our cases settle out of court in our clients’ best interests. Our proven trial attorneys are ready to go to trial when necessary. When you hire our bicycle accident lawyer in Dallas, you are never left to handle the situation on your own. Let our founder, Matthew E. Aulsbrook, and his team get to work for you so you gain peace of mind and financial recovery.
Rely on a Legal Professional to Hold Others Accountable
Recovering from injuries is hard, and securing fair compensation from negligent parties is harder if you are not familiar with the legal system. Teaming up with a local advocate can help you get the compensation you deserve.
Call on a Dallas bicycle accident lawyer from The Texas Law Dog to negotiate aggressively on your behalf and, if necessary, file a lawsuit. Schedule a complimentary case review today.
