Bicycle Accident Lawyer
Houston Bike Accident Attorney
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, 859 bicyclists were killed in auto-bike crashes in 2018. This was the highest level of bicycle accident fatalities since 1990. At Simmons and Fletcher, P.C., our bicycle accident lawyers understand that when a bicycle accident occurs, it can cause death or serious injury to the rider of the bike since he has limited or no protection from the impact of the vehicle. We are here to help. Call 1-800-298-0111 for a free consultation.
Do I Need a Bike Accident Attorney?
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, not to compensate you fairly. If you want someone to look out for your interests, you must hire your own 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 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 bike accident attorney 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 bicycle accident lawyer at Simmons and Fletcher, P.C. are 100% free with no obligation. It is very important to have a strong advocate on your side when you are up against insurance companies who have lawyers and adjusters on staff to try to minimize your case. At Simmons and Fletcher, P.C., our bicycle accident attorneys know how to fight for your rights after a bike accident and will work with you to help put your life back together after a tragic accident occurs. The consultation is free and we charge no fees unless we win your case. Call (800) 298-0111 today.
What Damages Can a Bike Accident Attorney Recover?
If you have been injured in a bicycle accident, a bike accident lawyer can pursue compensation for your injuries and losses including:
- pain and suffering
- lost wages
- physical impairment
- medical expenses
- scarring and disfigurement
- future medical needs
- mental anguish.
In the event that you have lost a loved one due to a bicycle accident, a bike accident lawyer can pursue a wrongful death claim and seek recovery for all damages associated with the loss.
Injuries Commonly Caused by Bicycle Accidents
Bicycle accidents can cause serious harm to the bike rider who has no protection against the impact of the vehicle. Some of the common types of injuries that occur in bicycle accidents including:
- permanent brain damage
- Spinal cord injury
- Whiplash type damage to the soft tissue, muscle, ligaments, joints, and cartilage of the body
- Wrongful death
- Bone fractures/broken bones
What Should I Do After an Auto-Bicycle Collision?
In order to ensure both your safety and the proper documentation of the crash, you should follow the following steps if you are in an auto-bicycle collision:
- Assess whether you can move safely and get to a safe place out of the roadway.
- Contact 911 and request police assistance.
- Call an ambulance and get appropriate medical care if you sustained an injury in the collision.
- 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. 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, reflective gear you were wearing at the time.
- Get an estimate to repair (or replace if repair s not possible) the bicycle.
- Present all of the information gathered to your 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 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 the bike lane.
- The driver of a vehicle opening a door into the path of the bicycle rider.
- Operating a vehicle under the influence of alcohol or drugs.
These are just a few examples of some of the most common causes of bicycle accidents in Houston.
What 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 creating of protective 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.
If you have been a victim of a driver who violated one of these ordinances such as the Houston Vulnerable Road User Ordinance, Simmons and Fletcher, P.C. can help to prove responsibility and impose legal liability on the driver.
Auto-Bicycle Accident Infographic
Auto-cyclist accidents are all too common in Texas. Below is an infographic showing the magnitude of the problem.