Every day, Texas residents become seriously injured in bicycle accidents that could have been prevented. When a motor vehicle collides with a bicyclist, the bicyclist can face catastrophic and potentially fatal injuries. If negligence causes a bicycle accident, the bicyclist has the right to demand compensation for the injuries he or she suffered.
Discuss Your Case with a Houston Bicycle Accident Attorney
If you or your loved one has been injured in a bicycle accident in Houston, it’s crucial that you get help from an experienced bicycle accident attorney as soon as possible. The attorneys at Ceja Law Firm PLLC are committed to protecting bicyclist rights in Houston and are ready to work for you right away. Contact Ceja Law Firm PLLC today to schedule your free initial consultation and learn more about your legal rights.
Common Causes of Bicycle Accidents
Most bicycle accidents are caused by negligence, recklessness, or aggressive driving. Bicyclists are frequently injured by motor vehicle drivers who are speeding, fatigued, driving while distracted, not paying attention to blind spots, or impaired by alcohol or drugs. Some of the most common causes of bicycle accidents include the following:
- Left cross: the motorist may fail to yield the right of way to a bicyclist when approaching an intersection and turn left into the bicyclist’s path
- Dooring: A driver or passenger opens the door of a parked vehicle into the bicyclist’s path
- Dangerous passing: a motorist may fail to leave a safe space between the bicycle and vehicle, or the driver may hit the bicyclist and run him or her off the road
- Backing up: motorists may back their car out of a driveway or commercial parking space into the bicyclist’s path
The legal team at Ceja Law Firm PLLC will immediately begin investigating the accident to determine the cause. We will study the police report, witness statements, photos, available surveillance camera footage, cell phone records, and physical evidence of the accident scene. When necessary, we will work with a team of accident reconstruction experts to determine the precise cause of your accident.
Skilled Bicycle Accident Insurance Companies
Under Texas law, when a bicyclist becomes injured in an accident, he or she can pursue a claim for compensation through the at-fault driver’s insurance company. Unfortunately, insurance companies frequently try to deny or minimize the victim’s claims for compensation. After the accident, the at-fault driver’s insurance company may begin trying to contact you, offering you a settlement agreement.
It can be tempting to accept the settlement agreement to pay your bills, but we recommend discussing your case with an attorney before signing the agreement. The attorneys at Ceja Law Firm PLLC have extensive experience negotiating with insurance companies and holding them accountable. We will negotiate aggressively with the insurance company so that you can focus on your recovery.
Proving Negligence in a Bicycle Accident Case
Whether you pursue compensation through an insurance policy or a personal injury lawsuit, you must show that the driver is liable for your injuries. Proving liability requires providing evidence that shows that the driver owed you a duty of care and breached that duty of care by failing to act reasonably under the circumstances. For example, if a driver was texting while driving and swerved into your bicycle lane, injuring you, the driver will be liable for your injuries.
Under Texas law, courts can deny recovery if you are found to be more than 50% at fault for the accident. Otherwise, your financial recovery will be reduced by the percentage of your degree of fault. The attorneys at Ceja Law Firm PLLC will investigate your case and challenge any attempts to place undue blame for the accident on you.
Compensation Available in Bicycle Accident Cases
If you’ve been injured in a bicycle accident, you may be wondering what your case is worth. Bicycle accidents can cause devastating and costly injuries, even when a bicyclist wears protective gear such as a helmet. These injuries can cause broken ribs, cuts, friction burns, other types of bone fractures, traumatic brain injury (TBI), and spinal cord damage. At Ceja Law Firm PLLC, our skilled attorneys will work with financial experts to prepare your case and determine the full extent of the expenses related to your injury. Victims in personal injury accidents are entitled to the following types of damages:
- Past and future medical expenses
- Decreased future earning capacity
- Lost income
- Pain and suffering
- Emotional distress
- Loss of services and consortium
- Physical impairments
Our attorneys will consider all of the available insurance coverage, including the at-fault driver’s liability insurance and coverage you may have purchased. If the at-fault driver’s coverage does not cover all of your expenses, your losses may be insured through your uninsured motorist coverage.
How Long Do I Have to File a Lawsuit After a Bicycle Accident?
If you have been injured in a bicycle accident, you only have a limited time to file a personal injury lawsuit. According to the statute of limitations for personal injury cases in Texas, plaintiffs have two years from the date of the bicycle accident to file their claim. Two years may seem like a long time now, but it goes by quickly. The sooner you discuss your case with an attorney, the more time your attorney will have to begin investigating the case and developing the best strategy possible.
Contact an Experienced Bicycle Accident Attorney
If you or a loved one have been injured in a Houston bicycle accident, you need an experienced attorney on your side. The attorneys at Ceja Law Firm PLLC will work diligently to recover the fair amount of compensation you’re entitled to while you focus on your recovery. Our attorneys have extensive experience in negotiating aggressively with insurance companies and defendants. Contact Ceja Law Firm PLLC today to schedule a free consultation with a bicycle accident attorney.