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Houston, TX 77057
Date Modified: July 2, 2023
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Whether a fun pastime or a hobby, riding a bicycle can be a great way to enjoy nature and a healthy way to commute. However, with so many vehicles on the road and other hazards, riding a bicycle in Texas can also be dangerous. Our law firm can help investigate and litigate cycling and pedestrian accident collision victims in Texas cities like El Paso, San Antonio, Houston, Austin, and other counties.
Past clients consider us the best in our field of law, so you have found the best lawyer to take charge of your biking injury case. Our dedicated, charismatic legal team is familiar with advocating and winning any case where a rider is struck by a car, bus, or truck. Let’s look at our more than a decade of experience and how we focus on getting you the most significant settlements or verdicts when we represent you or a close loved one.
In the end, we will discuss how we approach negotiations and give you our phone number so we can answer more questions over the phone, so let’s go. You may follow the traffic rules, but others may not be so considerate, resulting in a severe accident, causing catastrophic or fatal injuries.
Bicycle accidents can happen for several reasons, including bad weather, defective bicycles, and poorly maintained roads. However, most bicycle accidents in Texas occur due to negligence, either on the rider’s behalf or another driver’s.
The following are some examples of how a bicycle accident might occur due to the negligence of other drivers:
Pulling out at an intersection
Left-hand turn cases
Distracted driving and failing to pay attention generally
Intoxication due to alcohol or drugs
Failing to yield
Violating traffic lights
Failure to check blind spots
Failing to ride in designated bike lanes.
Often when an accident occurs, injured victims are in a state of confusion and not sure what caused the accident. If you’re injured in a bicycle accident and are unsure how your accident occurred, you should reach out to an experienced bicycle accident attorney.
Resourceful attorneys have accident reconstruction experts to help investigate a bicycle accident case. It is also crucial to have concrete evidence when pursuing recoveries following an accident, and an attorney can help gather the necessary evidence to build a strong case. We have helped thousands of people like you, and we are ready to support your case and get you what you are entitled to under Texas law.
Common Types of Bicycle Accident Injuries
Riding a bicycle is far from safe, and a bicycle accident can be more severe than a car accident. Even a minor hit by a motor vehicle can cause serious injuries to the rider.
Depending on the location of the impact, you may suffer from the following types of injuries to your health:
Bruises, lacerations, abrasions
Facial and dental injuries
Traumatic brain injuries
Internal organ damage
Spinal cord injuries
Broken bones and fractures
Whether you’re suffering from multiple injuries or are facing disability due to the accident, it is crucial to consult with experienced Texas bicycle accident attorneys to assess your damages and protect your rights by fighting for maximum compensation.
Inactive U.S. Marine
Former Los Angeles City Attorney Law Clerk
Former California Court of Appeal extern
Avvo 5-star rated lawyer
Multiple Superlawyers Rising Star Winner
Multiple Nominee – US News-Best Lawyers
We hire the best medical doctors with years of experience helping wounded, grimacing patients
USMC work ethos.
Are There Damage Caps for Damages Awarded in Texas Personal Injury Cases?
In many states, there are limits to how much damage can be awarded in a personal injury case.
The limit for non-economic damages in the case of medical malpractice in Texas is $250,000 per claimant against a single health care provider involved in your injuries. In cases involving multiple medical providers, the overall cap is $500,000 per claimant, with no individual healthcare institution paying more than $250,000 per claimant.
For the government entity responsible for the plaintiff’s injuries, the cap is $250,000 per claimant and $500,000 for the entire incident.
In the case of punitive damages, the limit is twice the amount of economic damage or $200,000, whichever is greater, plus up to $750,000 in non-economic damages.
Let’s look at an example of how that may work out.
Suppose Ben suffered a traumatic brain injury and sued the negligent party. The court awarded Ben $1 million in economic losses and 1.5 million dollars in non-economic damages. In that case, Ben will receive a punitive damage award of $2.75 million for his losses (two times the economic damages plus a maximum of $750,000 in non-economic losses).
How to File a Texas Personal Injury Lawsuit?
Before an injured victim can pursue any action, they must consult with an experienced personal injury lawyer to understand their legal options. Consulting with a legal expert can increase a victim’s chances of recovering maximum compensation.
The first step to filing a personal injury lawsuit involves investigating to determine the liable parties.
Once the personal injury lawyer identifies the at-fault party, they will gather evidence (including the police report and medical records), collect necessary bills, calculate the value of the damages incurred, and interview witnesses and record their statements to ensure a strong case.
After having the necessary documentation and evidence, they will file a claim against the negligent party’s insurance company. In many instances, the insurer and the victim’s attorney will try to resolve the claim and settle, as Texas Insurance Code prohibits bad faith practices during negotiations.
At times, claims adjusters will reject or reduce the value of the claims coercing the victims to settle at a lower amount. However, a skilled attorney with trial experience will initiate litigation, pursuing a lawsuit if they believe the case is worth more than the insurer is offering.
The Process of Going to Trial
When negotiations between the insurer and the attorney fail, the attorney may decide to take the case to court.
The process of going to trial includes the following:
Filing complaint: The attorney initiates the lawsuit process by filing a claim against the at-fault party, naming the defendant in the official complaint document in the relevant court.
Service of complaint: A victim’s attorney must send the defendant a summon with a court date to let them know they’ve initiated the lawsuit process.
Filing pre-trial motions: This stage involves attorneys from both sides requesting the court to rule on the admissibility of specific evidence, order a party to furnish required information, provide summary judgment, or even dismiss the case. During this stage, all the parties and their attorneys discuss the case and try to resolve matters.
Trial: When there is still a disagreement between all the parties, and they cannot resolve issues, the case will proceed to trial. Here, the jury (if applicable) will provide a verdict after the parties present their arguments, evidence, and witnesses. If the plaintiff wins the case, the judge or jury may calculate the damages and award them.
Judgment enforcement: If the defendant refuses to pay the damages awarded, the plaintiff’s attorney can take additional steps for financial recovery.
Appeal: If either or both parties believe that mistakes made by the judge or jury affected the trial’s outcome, they can proceed to appeal the decision.
Houston’s Increase in Fatal Collisions Outpace All of Texas
Although Bayou City has a Vision Zero pledge to eliminate traffic fatalities by 2030, the numbers are not promising.
On March 14, 2022, the Texas Department of Transportation reported 4,480 deaths in 2021 in fatal traffic crashes across Texas, a 14% increase from 2020.
In Houston, traffic deaths went up from 275 in 2020 to 330 in 2021, a 20% increase. These numbers are a reminder of how dangerous roads are in Texas, causing thousands of injuries each year.
Our Houston personal injury lawyers have experience handling personal injury and wrongful death cases. Whether it is a motor vehicle accident, medical malpractice, or any other incident resulting in serious injuries, reach out to our experienced Houston personal injury lawyer to increase your chances of recovery.
Texas Is a Modified Comparative Fault State
Texas follows the modified comparative negligence rules, which means if you’re partially liable for an accident, you may still be able to recover compensation. However, the damages collected are reduced by the percentage of your fault. It is important to note that if you’re more than 50% at fault for the accident, you lose your right to recover any damages. So wearing a helmet is advisable not just for safety but to increase the award you receive from various insurance companies.
Available Damages in a Bike Accident Case
Injured bikers and other riders can recover fair compensation for their bicycle accident caused by someone else’s negligence. Some of the most common damages you can recover from a bicycle crash include current and future medical bills, lost wages, pain and suffering, and loss of earning potential, among many others. You stand to collect more money for bicyclist fatalities and those involving larger vehicles at blame with more commercial insurance coverages.
Types of recoverable damages vary from one case to another, and an experienced bicycle accident lawyer will be better able to assess your case and help calculate the damages arising from your injuries. We can discuss your settlement anytime, so don’t hesitate to call sooner rather than later to discuss your options and get started on your road to financial recovery.
Texas Bicycle Laws
When riding a bicycle in Texas, it is crucial to comply with the local state and municipality laws. Suppose an accident occurs, and you decide to file a personal injury claim or a bicycle accident lawsuit for your injuries. In that case, the other party will investigate whether you were violating any laws, and if you were, it could seriously affect your chances of recovery.
Under Texas law, bicycles are treated like any other vehicle and are subject to the same traffic laws. You have to stop at signs, yield the right of way, and ensure reasonable care when riding to prevent any harm from happening to others.
You can read in detail about the bicycle laws in Chapter 551 of the Texas Transportation Code, which includes:
Riders must ride at the extreme right of the road except when passing someone or making a left turn.
Depending on the city, bicyclists must not ride on a sidewalk.
Riders must use arm signals to warn incoming motor vehicles when making a turn.
When riding at night, riders must have a white light on the front of the bike and a red light on the back.
Riders must not carry more people on their bicycle than it is designed to move.
Who Can You Sue for Your Bike Accident?
You can sue anyone responsible for your bicycle, which may include another driver, manufacturer, and even the government.
Were you run over by distracted drivers or a wrong-way driver coming in the same direction? Even if riders wear helmets, it’s curtains when a driver fails to notice you. Drivers are responsible for ensuring reasonable care when driving their vehicles to prevent any incidents that may cause injuries to others on the road. Failure to follow traffic rules or to drive recklessly is a breach of their duty of care towards others, for which you can file a personal injury claim and seek compensation for your injuries and medical attention.
Manufacturers must ensure their products are safe before selling them to consumers. A bicycle with a defective component can result in a serious accident. In such cases, you may be able to hold the bike manufacturer responsible for your accident and pursue compensation.
You could hold the city responsible in Texas if your bicycle accident occurred due to poorly maintained roads. Multiple parties could sometimes be liable for a bicycle accident, so it is crucial to speak to an experienced Texas bicycle accident attorney to help determine the responsible parties and hold them accountable for your loss.
Do Accident Victims Need Dallas Bicycle Accident Lawyers to Help File Bicycle Accident Claims?
Accident victims do not need an attorney to help them file claims in Texas. However, those without proper legal representation do not recover as much compensation as those working with experienced bicycle accident lawyers.
Injured victims need to reach out to Dallas bicycle accident attorneys for their Dallas bike accidents. Local laws may vary from one city to the other, and you need an attorney with expertise and knowledge of the laws where the accident occurred.
For example, you can ride a bicycle on sidewalks in any part of Dallas except the central business district. A Dallas bicycle accident lawyer will be better able to guide you on your bicycle accident and the local laws in urban areas as well as suburban locales.
Discuss Your Bicycle Crash with an Experienced Bicycle Accident Lawyer
Suppose you’ve suffered injuries in a bicycle accident that was not your fault. In that case, you need to reach out to an experienced Texas bicycle accident attorney to discuss your crucial case and severe injuries. We are available to provide a free consultation 24/7 to help you fight the insurance company and demand compensation to cover your medical expenses, lost wages, lost income, pain, and suffering.
We make the at-fault party respect bicyclists’ rights as Texas law requires! Call us today at (833) LETS-SUE to learn how to recover money and get back on your feet after losing so much earning capacity!
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients.
We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.