Bicycling or cycling is rapidly becoming a more prevalent means of transportation in urban areas, and as a result, more and more people are injured in accidents each year. If you have sustained injuries after being hit by a car while on a bicycle or from a hit and run cycling accident in Texas, it is important to contact an experienced personal injury lawyer to learn about your legal options.
According to section 16.003 of the Texas Civil Practice and Remedies Code, the statute of limitations (SOL) for most injuries from bicycle accidents in Houston is two years or less. Since this period is only two years in Texas, it is very important to hire an experienced Houston personal injury lawyer to help you receive the monetary damages you are entitled to.
Houston Bicycle Accident Attorney
Contact Ben Bronston & Associates for a free consultation into your legal options. Texas lawyer Ben Bronston is experienced attorney representing bicyclists injured by negligent drivers. Call 713-CALL-BEN or Ben Bronston & Associates to speak directly with an attorney and learn how we can help, during a no-obligation consultation.
Information Center for Texas Bicyclists
- Common Cycling Accident Injuries
- Causes for Bicycle Accidents
- Negligence in a Bike Accident
- Difficulties When Filing a Bicycle Accident Claim
- Resources for Bicyclists in Texas
Common Cycling Accident Injuries
According to the National Highway Traffic Safety Administration, hundreds of cyclists die on the road each year due to car accidents, which account for 2% of all traffic fatalities. Additionally, thousand of cyclists are injured in traffic accidents each year and the number continues to increase.
Most cycling injuries occur during summer months and in early evening hours, and predominantly occur in urban areas, at intersections and on major roads.
Cycling injuries from being hit by a car generally affect the cyclist’s head, legs and arms. Some of the most common cycling accident injures are:
- Back injuries,
- Brain injuries,
- Broken bones, crushed bones or fractured bones,
- Head trauma,
- Neck injuries,
- Paraplegia or quadriplegia,
- Severed limbs, and
- Spinal cord injuries.
Causes for Bicycle Accidents
Cycling injuries from car accidents typically occur when the car driver is negligent due to any of the following:
- Failure to yield the right of way to cyclists,
- Traffic congestion,
- Reckless driving,
- Speeding or failure to control speed,
- Opening car doors while parked,
- Driver distraction or inattention,
- Failure to see the bicycle,
- Use of a cell phone or texting while driving,
- Driving drunk, and
- Hitting a cyclist while making a turn.
Negligence in a Bike Accident
If the other party hit you while you were on bicycle in Texas, but didn’t stop, their insurance company refuses to pay for all of your injuries and medical bills, or the driver disputes they were at fault for causing your injuries, it is important to file a lawsuit in order to recover the damages you are entitled to. In order to win a lawsuit for injuries sustained while riding your bicycle, your attorney must prove the other driver was negligent.
There are two general forms of negligence, although Texas law only follows one form. Texas law follows a comparative negligence theory and the other negligence theory is called contributory negligence.
According to section 33.001 of the Texas Civil Practice and Remedies Code, comparative negligence means if the injured party contributed at least 51% responsibility for their injuries, they cannot file a lawsuit for their injuries against the other party.
According to section 33.013 of the Texas Civil Practice and Remedies Code, if the injured party was 50% or less responsible for the injuries they suffered, and able to file a lawsuit, the amount of damages they are awarded will be reduced by the percentage of their fault in the accident. The other theory of negligence that Texas does not follow, contributory negligence, state that if the injured party was even 1% responsible for the injuries they received, they are barred from filing a lawsuit against the other party to recover damages.
Difficulties When Filing a Bicycle Accident Claim
Although the negligent driver of the car or vehicle may have insurance to pay for your injuries, the insurance provider may dispute the amount of compensation you should receive for your injuries or the cost of your medical bills. The driver may also dispute the fact the he or she caused the accident, which could further complicate the compensation recovery process.
Additionally, insurance providers often refuse to pay for certain types of damages, such as time off work, mental or emotional pain, or pain and suffering. It is important to note that insurance companies are only required to pay up to the insured’s policy limits. If your financial cost are over the insured’s limits, it will be necessary for you to file a lawsuit against the negligent party that will require him or her to pay you directly.
Resources for Bicycle Accidents in Texas
NHTSA – Bike Transportation: This agency promotes safe transportation for all road users, including motorists and bicyclists. They also provide tips to bike riders on how to limit the risk of being hit by a motor vehicle.
Texas Department of Transportation – Bicycle Safety: This link provides information on the rules and regulations for bicycle riders in Texas, as well as tips on how to protect you and your children from bicycle accidents.
CDC – Bike Safety: This section of the Centers for Disease Control and Prevention website provides detailed information and statistics on bicycle related injuries and how to prevent bicycle accidents. Information on potential injuries caused by bike accidents can also be found on this website.
Finding the Best Bike Accident Lawyer in Houston, Texas
Contact Ben Bronston & Associates today for a consultation about options after an accident. Ben Bronston is a skilled Houston personal injury attorney who will make every effort to help you recover the compensation you deserve from your injuries sustained while riding a bike. Call (713) 225-5236 to learn more.