Taking a bicycle ride in the beautiful rolling hills of San Antonio is a relaxing way to spend the day. With this area cutting right through the city, bicyclists can run errands or take their bikes to work. Whatever the case may be, you never expect to get into an accident when you go out on your bicycle.
A bicycle accident can cause tremendous damage and injuries, shaking up your life. It is especially frustrating when it occurs due to a car that isn't obeying the traffic laws. With the help of a San Antonio bicycle accident lawyer, you can get past this difficult time in your life and recover the damages you've incurred during the accident.
Who Is At Fault in a Bicycle Accident?
You may be wondering just how the bicycle and motorist laws are applied when an accident occurs in this type of situation. Texas follows the Texas Civil Practice and Remedies Code Section 33.001, which is also referred to as proportionate responsibility. Proportionate responsibility means that each party will pay for the amount for which they were responsible.
In some states, a person cannot recover any damages unless they are zero percent at fault. Texas relies on the pure comparative negligence rule when determining what the award will be and who can file a claim. This rule states that anyone can file for damages as long as they weren't 100 percent at fault.
Even if you had a role of blame in the accident, you could still file to receive an award. Keep in mind that the award amount gets reduced a percent by every percent you are at fault. A San Antonio bicycle accident lawyer should be able to help establish the evidence so that your percentage of fault is minimized.
Statute of Limitations
The Texas Civil Practice & Remedies Code Section 16.003 outlines the statute of limitations for filing a personal injury case for the state. This statute provides the framework for how long you have to get your claim filed. Texas gives the plaintiffs up to two years from the time of the accident to make a personal injury claim from a bicycle accident.
Texas Bicycle Laws
The bicycle laws in Texas are similar to other state's laws. All bike riders must abide by the Texas Motor Vehicle Laws, including displaying proper illumination, stopping at stop signs, yielding to pedestrians in crosswalks, and so on. However, motor vehicles must be on the lookout for bicyclists and pay attention to the signals they may be making. For example, if they signal that they are going to turn left, the driver needs to slow down appropriately.
Recovering Damages from Bicycle Accidents
You can file a personal injury lawsuit in Texas to collect the damages you've incurred. If a motorist did not follow the traffic laws adequately, your San Antonio bicycle accident lawyer will bring that out during the negotiation phase. The other person's negligence can play a big role in you getting the best award for the injuries.
Since Texas is a modified comparative fault state, you cannot be more than 50% to blame for the accident. If you are over that threshold at all, you cannot recover damages. That's why it's critical to secure a bicycle accident lawyer to ensure that your fault is kept minimal.
Some of the damages that may be applicable to your case are as follows:
- Medical expenses
- Lost earnings
- Permanent disability
- Pain and suffering, including emotional pain
- Loss of consortium
Common Injuries from a Bicycle Accident
In many cases, a bicycle accident is going to have more severe injuries than other vehicles colliding. As a bicyclist you don't have the protection afforded you in a motor vehicle while also sitting lower to the ground. So, with one hit, a person can lose their life. Common injuries from a bicycle accident include:
- Traumatic brain injury
- Broken bones
- Facial or dental injuries
- Leg, knee, or foot fractures
- Neck injury
- Cuts, scrapes, and lacerations
According to the NHTSA, many bicycle accidents have fatal consequences. They report that most fatal bicycle accidents happen during the hours of 6pm - 9pm because this is when visibility is reduced. In addition, men were eight times more likely to be in a bike accident than a woman.
If you've lost a loved one due to a bicycle accident, you have options in finding assistance during this difficult time in your life. You may want to reach out to a San Antonio bicycle accident lawyer to find out more details about filing a wrongful death claim.
Causes of Bicycle Accidents
Just as there are a multitude of reasons two cars may collide, there are many reasons bicycle accident occurs. Some of the major causes include:
- Reduced visibility - Since bicycles are not as easy to see as other cars, drivers must take added precautions around pedestrians and bicyclists.
- Distracted driving – Drivers on cell phones, changing the radio station or just not paying attention while driving is much too common these days.
- Slick roads - Slippery roads mean you may slide all over the wet or icy road. It can be extremely dangerous when someone can't control their vehicle.
- Bad weather – When the weather turns bad, it can lead to hazardous road conditions that make driving difficult for everyone.
Contact the Dolman Law Group
Consider contacting a San Antonio bicycle accident lawyer to assist you in reviewing your case in a way that's easy to understand. At the Dolman Law Group, you can receive a free case consultation and get started with your case with no upfront payments. Do not hesitate to reach out today to arrange a free consultation.
San Antonio Office
921 S St Mary's St #2
San Antonio, TX 78205
Phone: (210) 361-2039