Let Austin, Texas bicycle accident lawyer David Todd show you how to protect your rights after an accident and get his free guide.
Bicycling is not only a means of transportation; it is also a popular form of recreation for many people. While beautiful bike trails are available, bicycle safety is still a very prevalent issue. If you have sustained injuries in a bicycle accident due to another’s reckless actions, secure the immediate legal representation, as you should not be required to pay for the reckless, negligent of another individual.
Bicycles and cars don't always mix very well. Especially on Texas highways. Motor vehicles are fast and there are a lot of them. Bicycles are small and can be difficult to see. Add in driver negligence and tragedy can result. Research suggests that passenger vehicles, public transportation (such as buses), and commercial trucks are three of the most common vehicles involved in bicycle accidents. Due to the small amount of protection afforded bicyclists, accidents between vehicles and cyclists can easily lead a serious injury or fatality.
According to statistics, dusk is the most dangerous time for bicyclists. As sunset approaches, drivers tend to experience difficulties with visibility, typically increasing the risk of car-bicycle traffic collisions and fatalities. To avoid these collisions the National Highway Traffic Safety Administration (NHTSA) recommends that all cyclists wear properly fitted bicycle helmets during every bike ride and have proper lighting.
What Should I Do After A Bicycle Accident?
When the police arrive, ensure your versions of the events are reported. Obtain driver and witness contact information. Document the events and your injuries and most importantly, reach out to an attorney.
When handling a bicycle accident there are a few things to establish:
- The liability of one or more defendants
- The negligence of the defendants and their ability to pay
- The amount of damages both medical and financial
Sometimes, the driver of the vehicle will claim negligence on the part of the bike rider, claiming they appeared out of nowhere, they were acting reckless or aggressive or committed a traffic violation. This perception is to make it appear that the bicyclist is legally responsible for the accident and injuries.
Proof of liability is necessary in a bicycle accident case. The state of Texas applies a comparative negligence standard that prevents a plaintiff from recovering damages when they are more than half at fault (51% or more).
Once liability has been established, it is necessary to provide proof of the damages owed. Attention to detail is crucial and documenting and tracking every element is essential in a bicycle case. This includes obtaining all medical records, compensation and wage losses, and damage totals. Considering future rehabilitation costs and future wage loss is also a part of the claims process. Sometimes a bicyclist's own insurance can be used to maximize the amount recovered.
Experienced Austin, Texas personal injury attorney David Todd and the Todd Law Firm are dedicated to pursuing justice for accident victims in Austin and across Texas. Review our free guides, answers to frequently asked questions and helpful videos. Discuss your situation and your options with us and learn the difference we can make in your case. Review our free guide Win Your Texas Injury Case and read the client testimonials on our web site and let us show you how we can protect your rights and help put you on the road to recovery. Learn how we can help recover damages for your injuries and learn how to avoid common mistakes that can compromise your case. If you have been injured by a negligent driver, contact us today for a free, fast case evaluation.
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