Knowledgeable Houston Bicycle Accident Attorneys
A bicycle accident lawyer is here to help you pick up the pieces after a bike accident. According to a recent report by the National Highway Traffic Safety Administration, 966 cyclists were killed in auto-bike crashes in the United States in 2021. This was the highest number of bicycle accident fatalities since 1990 and a 9.2% increase from 2019. In 2022, 92 cyclists were killed in bike accidents in Texas alone, according to the Texas Department of Transportation. In previous years, from 2001 through 2016, 235 people died in bike accidents in Greater Houston — ranking the area among the top 10 most dangerous cities in the U.S. for bicyclists.
At Simmons and Fletcher, P.C., our bicycle accident lawyers know from experience that bicycle crashes can sadly lead to tragedy — cyclists are exposed, with little to nothing to protect them in accidents involving motor vehicles. Our experienced injury attorneys are here to help. We’ll stand alongside you and work to recover compensation from those responsible for your injuries. Call (713) 932-0777 to request your free consultation.
Do I Need a Houston Bicycle Accident Lawyer?
Whether or not you need an attorney for a bike accident is a decision only you can make. You can file an injury claim without a lawyer; however, the insurance companies have licensed trained adjusters whose role is to defend the insurance company and its insured drivers — mostly at your expense. If you want someone to look out for your interests, you must hire your own Houston bicycle accident attorney.
Before you go it alone, you need to be aware that the role of the insurance adjuster for the car that hit you is to avoid responsibility for your bicycle accident claim if at all possible. You also need to be aware that Texas is a comparative fault state. That means that if it goes to a jury, they can apportion responsibility between you and the driver so as to reduce your damages by the percentage you are found at fault. Also, if you are over 50% at fault, you recover nothing. A Houston bicycle accident lawyer on your side means that someone is there to protect you from the tricky questions adjusters through at you to confuse you into saying things that hurt your chances of recovery.
What Does it Cost to Talk to a Bicycle Accident Lawyer?
Consultations with a Texas bicycle accident lawyer at Simmons and Fletcher, P.C. are 100% free with no obligation. On top of that, we operate on a contingency fee basis, meaning you do not owe us a cent unless we obtain a settlement or verdict on your bike accident for you.
It is very important to have a strong advocate on your side when you are up against insurance companies that have lawyers and adjusters on staff to try to minimize your case. At Simmons and Fletcher, P.C., our experienced Houston bicycle accident attorneys know how to fight for your rights after a bike accident and will help put your life back together after a tragic accident occurs. Call (713) 932-0777 today to schedule your free case review.
How Will a Houston Bicycle Accident Lawyer Prove Negligence?
Establishing negligence generally requires proving four elements, including:
- Duty of care: The responsible party owed a duty of care to the person injured.
- Breach of duty: The responsible party failed to fulfill their duty.
- Causation: The breach of duty caused the accident and subsequent injury.
- Damages: The victim suffered damages as a result of the accident.
As with all personal injury accidents, bicycle accidents call for a thorough examination of the facts. Your Houston bicycle accident lawyer will interview witnesses, examine footage, review police reports, consult experts, and use every available resource to determine what caused the accident and, ultimately, establish fault.
What Damages Can a Houston Bike Accident Lawyer Recover?
If a person is injured in a bicycle accident caused by the negligence of another party, the cyclist may be able to file an injury claim. Personal injury claims are civil cases that allow an injured person to seek financial compensation (both economic and non-economic) from the liable party.
If you have been injured in a bicycle accident, a Houston bike accident lawyer can pursue compensation for your injuries and losses including:
- pain and suffering
- lost wages
- physical impairment
- ambulance trips and emergency room costs
- medical expenses
- scarring and disfigurement
- loss of enjoyment of life
- future medical needs
- mental anguish.
In the event that you have lost a loved one due to a bicycle accident, a Houston personal injury lawyer can pursue a wrongful death claim and seek recovery for all damages associated with the loss. Contact our Houston bicycle accident law firm to learn more about how we can help. We offer a free case evaluation: (713) 932-0777.
Injuries Commonly Caused by Bicycle Accidents
Despite its size, the city of Houston lacks proper bike lanes and other road infrastructure geared toward bike safety. In addition, many drivers fail to respect or are completely unaware of the rights of bicyclists they share the road with. Sadly, the latter often pays the price for these shortcomings, often in the form of serious injuries, or in catastrophic cases, death.
Some of the common types of bicycle accident injuries include:
- Permanent brain damage or other traumatic brain injuries
- Spinal cord injury
- Whiplash-type damage to the soft tissue, muscle, ligaments, joints, and cartilage of the body
- Wrongful death
- Bone fractures/broken bones
Keep in mind that often, bicycle accident victims underestimate the seriousness of their injuries. Sometimes, an injury may not manifest itself until hours or days after the crash. If you are found a victim of a bicycle crash, seek medical care right away to ensure that your injuries are properly diagnosed and treated.
How Much Compensation Can I Get After a Bicycle Accident in Texas?
The amount of compensation you receive after a bicycle accident in Houston, TX is based largely on the severity of your injuries and the circumstances involving the accident. Generally, brain damage, spinal cord injuries, and temporary/permanent disabilities will result in far greater settlements than less severe injuries like bruises, cuts, and other soft tissue injuries.
Every bicycle accident is unique, and the circumstances surrounding each case can vary. Your Houston bicycle accident lawyer will factor in medical expenses, time away from work, pain and suffering, emotional distress, disfigurement, and other losses to help you obtain the maximum amount of compensation you may be entitled to. Contact us today at (713) 932-0777 and get a free, confidential case assessment with one of our qualified attorneys.
What is the Deadline for Filing a Bike Accident Claim in Texas?
The statute of limitations for bicycle accident claims in Texas is two years from the date of the accident for adults, according to the Texas Civil Practice & Remedies Code 16.003(a). Minors have until their 20th birthday. Missing this time frame may mean forfeiting your right to compensation. For the most part, however, you should get a lawyer involved much sooner. Evidence can deteriorate or disappear over time and memories can fade. And, if litigation is necessary, consulting with a lawyer early gives them time to strategize and build a strong argument in your favor.
What Should I Do After an Auto-Bicycle Collision?
In order to ensure both your safety and the proper documentation of the bike crash, you should follow the following steps if you are in an auto-bicycle collision:
- First, assess whether you can move safely and get to a safe place off the roadway.
- Contact 911 and request police assistance.
- Call an ambulance and get appropriate medical care if you sustained an injury in the bicycle crash.
- Obtain the driver’s information. Taking a photo of his driver’s license with your cell phone is the best way to preserve the needed contact information quickly.
- Get the names, addresses, and phone numbers of anyone who was an independent eyewitness at the accident scene. Even if the driver admits fault he could change his story later. Thus, you should gather witness information regardless of what the other driver tells you.
- Request a police report be made.
- Retain any physical evidence such as a cracked cell phone, bloody/torn clothing, or reflective gear you were wearing at the time.
- Get an estimate to repair (or replace if repair s not possible) the bicycle.
- Present all information gathered to your Houston bicycle accident lawyer.
What Are the Common Causes of Bicycle Accidents?
Bicycle accidents can occur anywhere and at any time, whether on a busy road or a slow intersection. Common causes include:
- The driver of a vehicle making an unsafe left turn or right turn.
- The driver of a vehicle was engaging in distracted driving (i.e. texting, talking on his cell phone, or otherwise failing to pay attention to the bicycle rider.
- The driver of a vehicle failing to give adequate space to cyclists riding in bicycle lanes.
- The driver of a vehicle opens a door into the path of the bicycle rider.
- Failure to yield the right of way.
- Operating a vehicle under the influence of alcohol or drugs
- Unsafe road conditions such as potholes, debris, or inadequate lighting.
But why is it so important to know the cause? Knowing the cause of the accident contributes to determining liability, which can help those injured in bicycle crashes seek compensation for the damages suffered, whether from the negligent party or their insurance provider.
Don’t take any chances with your bicycle accident case — hire a Texas personal injury attorney to stand up for you. They can help you understand your legal options and rights, assess fault, handle the legal process and all paperwork correctly, gather medical records to quantify all losses and damages and deal with insurance companies to seek full, fair settlement offers on your behalf. At Simmons and Fletcher, P.C., we offer a free initial consultation for new personal injury cases. Call (713) 932-0777 to discuss your case with a Houston bike accident lawyer today.
What Texas Bicycle Laws Protect Cyclists?
Fortunately, many cities and states have begun to recognize that people on bikes need to be protected. The best example of this is the rise in the creation of protective traffic laws that apply to bicycle operators and other non-vehicle road users known as ‘Vulnerable Road User Statutes.’ A Vulnerable Road User Ordinance is a city ordinance adopted to protect cyclists and pedestrians by requiring operators of automobiles to take specific actions when driving around vulnerable bicycle riders and pedestrians such as:
- Vacate the lane in which they are located where possible while passing a vulnerable road user.
- Yield the right of way to a vulnerable road user who is approaching from the opposite direction when turning the vehicle left or right.
It also prohibits:
- Turning across a vulnerable road user’s path after overtaking a vulnerable road user traveling in the same direction.
- Using the car to cause intimidation or harassment to a vulnerable road user or in a manner that threatens a user.
- Throwing things at vulnerable road users from the vehicle.
Talk to a Houston Bicycle Accident Lawyer Today
If you have been a victim of a driver who violated one of these ordinances such as the Houston Vulnerable Road User Ordinance, give us a call for a free consultation with an injury law firm that has been trusted with fighting for cyclists’ rights for over 40 years. We know the field well. Countless clients and the cycling community throughout Texas have come to rely on our quality legal representation, results-driven advocacy, and supportive services during this difficult time. Get a law firm that will fight for the compensation you deserve — call Simmons and Fletcher, P.C., Injury & Accident Lawyers today! (713) 932-0777.
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