Irving Bicycle Accident Lawyer
Bicycle collisions are extremely common in Irving. Bike crashes are largely due to the negligent actions of motor vehicle drivers. When a reckless driver causes an accident, they could be held liable for damages such as medical expenses, mental anguish, and pain and suffering.
If you or a loved one were injured in a bike crash, you might benefit from the care and consideration of a seasoned personal injury attorney. Taking on your legal recovery by yourself could be an overwhelming task. Civil claims can get complicated, expensive, and often require legal knowledge and experience to advocate for your rights adequately. A diligent Irving bicycle accident lawyer could review the facts of your case and help you determine your options moving forward.
Establishing the Four Elements of Negligence
Bicycle accident victims in Irving may choose to pursue a negligence claim to recover damages for their injuries. Negligence is when someone unintentionally causes harm to another.
In order to successfully bring a negligence claim, the plaintiff’s Irving bicycle accident lawyer must prove the following four elements:
- The defendant owed a duty of care to the plaintiff
- The defendant breached their duty of care
- The defendant’s breach caused the plaintiff’s injuries
- The plaintiff suffered actual loss or harm as s result
If the defendant owed no duty to the plaintiff, they could not be held liable for the plaintiff’s injuries and damages. For example, if a cyclist gets hit by a car, the innocent bystander does not owe a duty to help bring the injured person to the hospital, even though it might be the kind thing to do. Legally, the only person in that scenario who owes a duty of care is the driver, who owes a duty to drive their vehicle with reasonable care.
The attorney has to prove that the defendant breached their duty of care as well. The defendant’s breach must have also caused the plaintiff’s injuries. For example, if the plaintiff already had a broken leg and the car barely touched them, causing no further injury, they could not sue the driver for that particular injury.
Potential Limits to Recovery for Bicycle Accidents in Irving
Comparative fault allows courts to measure how much compensation a plaintiff may seek if they are found partially at fault. Texas follows the modified comparative fault rule, also known as the 51-percent bar rule, codified under Texas Civil Practice & Remedies Code §33.001. This rule bars plaintiffs from recovering damages if they are more than 51 percent at fault for causing the bicycle crash. The plaintiff’s compensation award will be reduced by their percentage of fault if they are found less liable than the defendant.
It is important to remember that plaintiffs seeking to recover damages must file their cause of action within two years of the date of the injury under Texas Civil Practice & Remedies Code §16.003. If the claim is not filed within the statute of limitations, an injured cyclist may be unable to recover compensation from the negligent party.
Reach out to an Irving Bicycle Accident Attorney
The physical, financial, and legal obstacles following a bike accident are not always that easy to conquer, especially on your own. With bills piling up and lost wages due to time off work, it could be difficult to pursue a legal claim by yourself.
An Irving bicycle accident lawyer could advocate on your behalf and help you recover the compensation you need. Call today to discuss your case and legal options.