Bicycle Accident Attorney in Spring, TX
If you were injured while riding your bicycle, you may have legal options. A bicycle accident attorney in Spring, TX can pursue compensation on your behalf, helping you cover medical expenses, missed wages, and other damages. This compensation could be crucial if you have suffered a life-altering injury – especially if you are incapable of earning income. You might also face extensive medical bills as you embark on a long road to recovery. To discuss your legal options in more detail, contact Hernandez Law Firm at (936)-256-3115 and schedule your free consultation.
How Can a Bicycle Accident Attorney in Spring, TX Help Me?
Spring, Texas is home to more than 63,000 people – and many of these residents love to ride their bicycles. But while the nearby big city of Houston has numerous bikeways, the suburban area of Spring lacks protected bike lanes in most areas. This makes Spring cyclists especially vulnerable to collisions and accidents as soon as they venture off marked bike trails.
A bicycle accident attorney in Spring, TX can help injured cyclists pursue compensation for their various damages. Without this legal assistance, it might be difficult to cover missed wages, emotional distress, medical expenses, and other damages.
Trials are rarely necessary for injured cyclists pursuing compensation from at-fault drivers. If it is clear that another driver caused your injuries, their insurance company should step in and offer you a settlement to avoid litigation. Your bicycle accident attorney in Spring, TX plays a vital role in this scenario. They may employ effective negotiation strategies as they fight for a fair settlement on your behalf. Without an attorney at your side, insurance companies can pressure you into accepting an extremely low settlement.
Bicycle accident attorneys can gather compelling documents and evidence on your behalf. These might include medical records and medical images that illustrate the severity of your injuries. Your attorney can also collect evidence that indicates you were not to blame for the bicycle accident. This evidence may prove crucial as you fight for fair compensation.
Can I Still Get Compensation Even if I Was Not Wearing a Bike Helmet in Texas?
No law mandates the use of a bike helmet in Texas. However, some municipalities – including Houston – have their own ordinances regarding helmet use.
Even if you are not legally required to ride with a helmet in Texas, your failure to wear a helmet can affect a personal injury claim. Remember, Texas follows the “comparative negligence” doctrine. If you were partially to blame for your own injuries, you can still sue. However, you might receive less as a result of your partial negligence. For example, you might be 25% responsible for your injuries because you failed to wear a helmet. Perhaps you also failed to indicate properly before turning, constituting another 10% fault. Once your level of fault exceeds 50%, you lose the ability to sue in Texas.
With all that being said, failing to wear a helmet may not affect your claim at all. An experienced bicycle accident attorney in Spring, TX can establish that your injuries would have occurred regardless of whether you wore a helmet. The obvious example is an injury to the lower extremities, the torso, or the arms. Helmet use has no effect on these injuries, and your compensation should not be affected by it.
A helmet may stop an exterior impact, but it cannot stop your brain from moving around within your cranium. With a sufficient knock, your brain may move inside your skull and impact the inner wall of the cranium. These injuries can be extremely serious.
There is also considerable evidence that calls into question the overall efficacy of bike helmets. While it’s a good idea to wear a helmet, the protective capacities of helmets have been massively overstated in previous scientific literature. Most bike helmets only protect the top of the head. If you suffered a knock to the forehead, face, or back of the neck, a helmet would not have prevented these injuries. These are just a few examples of arguments an experienced bicycle accident attorney in Spring, TX can make.
What are Common Injuries After Bicycle Accidents in Spring, TX?
While a wide range of injuries are possible after a bicycle crash in Spring, TX, some are more common than others. Here are a few examples:
- Head Injuries: Injuries to the head are particularly common among cyclists. After a collision, you may be ejected from your bicycle at high velocity. You may then impact a solid object headfirst – including concrete barriers, trees, and other vehicles. Even if you were wearing a helmet, a knock to the head can be life-altering or fatal.
- Lower Extremity Injuries: After a side impact from a vehicle, you can easily suffer injuries to the lower extremities (the legs). Virtually every bone in the leg and foot is vulnerable to fractures. These injuries can take many months to heal, and you may be completely unable to work while you recover.
- Organ Damage: If you were struck by a slightly higher vehicle (such as a pickup truck), the impact may affect your torso rather than your legs. In this case, your vital organs are highly vulnerable. You might also suffer broken ribs. If vital organs are subjected to sufficient force, they can rupture.
- Sprains and Strains: Even if you do not suffer a fracture, you may experience sprains and strains in your upper and lower extremities. Wrist sprains are especially common after cyclists fall forward off their bikes. In this situation, the cyclist may extend their hands fully, cushioning their fall but suffering serious wrist strains in the process. These strains can take longer to heal than fractures.
- Road Rash: Cyclists who crash at high speeds are likely to suffer “road rash.” This type of injury occurs when the cyclist slides across the road, causing a scraping effect that tears away clothing and skin. These injuries can be permanently disfiguring.
- Facial Injuries: A typical bike helmet does not protect the face. After falling forward, a cyclist may suffer scrapes, lacerations, and penetrating injuries to the face. These injuries can leave cyclists permanently disfigured.
What are My Options for Compensation After a Bicycle Accident in Texas?
Most cyclists also drive, and this is an important point in the context of injury claims. You might assume that your car insurance only covers accidents when you are behind the wheel. However, your insurance may cover your injuries after a cycling accident as well. You may need additional coverage under your policy. For example, you might have obtained optional PIP insurance. Perhaps you obtained another optional form of coverage called “Med-Pay.” Both upgrades could potentially cover your damages after a bike accident.
Another option is uninsured or underinsured motorist coverage (UIM). This type of insurance covers you if the driver who caused your accident does not have insurance. Alternatively, it can cover any excess damage the driver’s insurance policy does not cover. For this type of coverage to apply, another motor vehicle must have been involved in your crash. Note that insurance may also apply in the event of a hit-and-run.
If you pursue compensation through some of these insurance claims, you do not necessarily need to prove negligence. This makes your insurance policy a valid source of compensation after a cycling accident, particularly if you have suffered a relatively moderate injury. Although filing a claim with your own insurance provider is a streamlined process, you must still negotiate carefully for a fair settlement. Your bicycle accident attorney in Spring, TX can help you fight for a fair settlement that covers your medical expenses and missed wages.
If you suffered a serious injury, your insurance add-ons may not cover your full damages. Some liability limits are relatively low, and your insurance coverage may not cover the full extent of your losses. For example, you might have suffered a permanent disability due to a traumatic brain injury (TBI). This may result in a total loss of income and a lifetime of medical expenses. A personal injury lawsuit against the at-fault party who caused your accident could provide additional compensation that covers these losses.
These emotional losses include PTSD and disfigurement. A personal injury lawsuit can provide you with compensation for your non-economic damages. Your bicycle accident attorney in Spring, TX can help you determine which source of compensation to pursue.
What Do I Need to Prove in a Bicycle Accident Lawsuit?
Texas is an “at-fault” state when it comes to bicycle accidents. In other words, you may need to prove that someone else was to blame for your bicycle accident. However, the Lone Star State also follows a modified comparative negligence system. In other words, you may pursue compensation even if you were partially at fault for your own injuries. Generally speaking, you must prove that someone else was at least 50% at fault for your injuries.
In order to prove fault, you must establish negligence. Negligence involves four key elements: duty of care, breach of duty, causation, and injuries. In other words:
Someone else had a responsibility to ensure your safety, they failed to do this, and this failure led directly to your injuries.
There are numerous situations in which drivers, motorcyclists, and even other cyclists may cause bicycle accidents in Texas. Examples of negligence include:
- Speeding
- Distraction
- Impairment
- Fatigue
- Street racing
- Failing to yield
- Failing to signal
- Failing to check mirrors
- Failure to maintain the vehicle
- Recklessness
- Other traffic violations
To prove that this negligence occurred, you may need to rely on various forms of evidence. For example, eyewitnesses may have seen a negligent driver run a red light before hitting you. These witnesses might testify on your behalf or provide written statements explaining what they saw. You might also rely on video surveillance from a nearby gas station or restaurant. A police report can provide plenty of information, and officers may testify on your behalf to explain what they witnessed.
Other evidence can establish your damages. Your medical records may prove especially important in this situation, and this is why it’s so important to seek attention from a qualified doctor immediately after your bicycle accident. Head injuries may be much more serious than they initially seem. Play it safe and accept emergency treatment at the scene of the accident. Medical imaging can help detect broken bones, hemorrhages, and other serious issues. You can use your medical records and medical receipts to pursue full compensation for any treatment you receive.
What if I Lost a Loved One in a Fatal Bicycle Accident?
If you lost a loved one in a fatal bicycle accident, you can file a “wrongful death lawsuit” on their behalf. This is similar to an injury lawsuit, although your family can claim different damages. Firstly, you can pursue compensation for funeral expenses. If you are a “dependent” of the deceased individual, you can also pursue compensation for the wages that they would have provided for your family. Dependents include spouses, children, and perhaps seniors living in the household.
You can also pursue compensation for unpaid medical expenses. If the cyclist dies after receiving extensive treatment, their family members may still need to pay the outstanding medical bills.
A wrongful death lawsuit also allows you to pursue compensation for non-economic damages associated with losing a loved one. Examples include grief, trauma, depression, anxiety, loss of consortium, and emotional distress.
Book a Consultation with a Bicycle Accident Attorney in Spring, TX Today
You may find it easier to determine your next move after a consultation with a bicycle accident attorney in Spring, TX. While an online article provides a few basic answers, it cannot fight for your rights in the same way as a qualified injury attorney. The most appropriate course of action depends entirely on your specific circumstances. To discuss the next steps in more detail, reach out to Hernandez Law Firm today at (936)-256-3115 to book a free consultation. During your first consultation, you’ll work with an injury lawyer who has spent his entire career fighting for the rights of injured plaintiffs like you. Contact us now to get started.
