Riding a bicycle is one of your favorite things to do. Unfortunately, a motorist does not see you when you are riding your bike and slams their car into you. At this point, you are injured and have no idea how you will cover the costs of your medical care. Legal help is available. Consult with a DeSoto bicycle accident lawyer to learn about your legal options.
The Texas Law Dog is a native of Hopkins County with an outstanding track record in personal injury cases. We are here to help you as you recover from a bicycle accident. Speak with a DeSoto personal injury lawyer from our team.
What Can Happen If You Deal with the Aftermath of a Bike Accident Alone
Road rash, fractures, and concussions are three common injuries after bicycle accidents. These and other bike crash injuries are expensive to treat. Suppose you decide not to take legal action against anyone liable for your bike collision. In that case, you will have to cover your medical care costs and other accident-related expenses by yourself.
A DeSoto bicycle accident attorney helps you hold any liable parties accountable for your losses. They are familiar with traffic laws for bicycles and other mandates relating to your case. Your lawyer can calculate your losses and prepare an argument to show a judge or jury why you deserve them.
The Texas Law Dog aims to assist bike accident victims and their families in any way possible. Let us walk you through the steps to take after a bicycle accident. Our team remains on your side throughout your case. Schedule a free case consultation with us.
When to File a DeSoto Bicycle Accident Lawsuit
Based on Texas Civil Practice and Remedies Code Section 16.003, you have two years from the date you suffer an injury due to someone else’s actions to sue them for damages. The time frame for filing a lawsuit may not be extended.
A lawyer submits your lawsuit in alignment with state law. They consider safety preventative measures for bicyclists and other things you may have done to avoid getting into an accident. Your attorney uses this information to craft an argument that will resonate with the court.
Filing a lawsuit and obtaining compensation for your losses are two distinct processes. Suing an at-fault party does not automatically mean you will recover damages. Thankfully, your lawyer commits substantial time and resources to your case. They look for ways to prove the liable party should have to provide you with fair compensation.
DeSoto Bicycle Accident Lawyer Near Me (817) 775-5364
Reasons a Judge or Jury Will Award Damages in a Bike Accident Lawsuit
A bicycle accident attorney in DeSoto shares frequently asked questions (FAQs) about various legal topics, including compensatory damages. Bicycle accident victims and their families may be eligible for economic and non-economic damages. Reasons you could receive these damages in your bike collision lawsuit include:
- Medical bills
- Loss of income
- Pain and suffering
- Loss of enjoyment of life
- Costs of repairing or replacing your bike
The court weighs your argument against the defendant’s. If a judge or jury has concerns about how much you are at fault, you may recover partial damages. In a worst-case scenario, the court may say you are more to blame than the defendant. If this happens, you may be ineligible for damages.
How Modified Comparative Negligence Can Impact Your Bike Accident Case Results
A bike accident lawyer teaches you about modified comparative negligence and answers any questions you have about it. Ultimately, the court may decide that you and another party share the blame for your cycling accident. Depending on your percentage of fault, you may be able to get partial damages.
Modified comparative negligence allows you to receive compensation if you are 1-50% to blame. For example, you sue a motorist after they drive through a red light and crash their car into you while you are riding your bike. The court finds that the driver was negligent, but also states that you are 20% at fault. Therefore, you may get 80% of the damages you originally requested.
You may not receive compensation if you are primarily to blame for your bicycle accident. As such, the defendant in your lawsuit may argue that you were negligent and should be liable for your losses. Your lawyer plans for how the defendant will contest your argument. They work hard to prove that the defendant acted recklessly or carelessly and caused your accident.
What It Takes to Prove Negligence in a Bike Accident Lawsuit
It is your responsibility to prove that the defendant in your lawsuit was negligent. Your lawyer understands how difficult it is to show that someone acted negligently. To prove that your lawsuit is valid, your lawyer focuses on the following elements of negligence:
- Duty of Care: The defendant is legally obligated to comply with federal and state laws and do other things to avoid getting into accidents with you and other cyclists.
- Breach of Duty of Care: The defendant chose to violate their obligation to you and, as a result, jeopardized your safety.
- Causation: You were involved in a bicycle accident and suffered injuries because the defendant breached their duty of care.
- Damages: The accident has resulted in both quantifiable and subjective losses.
A bike accident attorney accounts for the burden of proof relative to negligence. They can utilize accident scene photos, witness statements, and other forms of evidence. Their wide range of proof boosts your chances of securing damages that match your expectations.
Why You Should Evaluate a Bike Crash Settlement with Your Lawyer
Before your bike accident trial, the defendant may have concerns about the strength of your case against them. These concerns may lead the defendant to propose a settlement before your trial date. If you accept a settlement offer, you close your case outside of the courtroom.
A settlement may seem like a great way to resolve your case in less time than what you would need if you went to trial. However, if you accept the first settlement offer you get, you risk making a rash decision. This proposal may provide you with only a fraction of the money you need to recover financially from your cycling accident.
Your lawyer focuses on your best interests and legal rights. They can help you assess a settlement offer. You make the final decision on a proposal. With your lawyer’s guidance, you can determine if a proposal gives you enough money for all of your losses.
Trust a DeSoto Bicycle Accident Attorney to Guide You Through the Legal Process
The Texas Law Dog knows how overwhelming it can be to get money from anyone responsible for a bike accident. Our bicycle accident lawyer in DeSoto advocates for bike crash victims and their families.
We put you in a position to receive compensation that will serve you well for a long time. Request a free case consultation with us.
