Houston Bicycle Accident Attorneys

Bicycle accidents are complex events with numerous contributing factors. They can occur in a multitude of situations, typically when least expected.

Below are several examples of negligent behavior that can lead to bike collisions:

• Distracted driving, such as texting or using a mobile phone while operating a vehicle
• Drivers failing to yield the right-of-way to cyclists at intersections or crosswalks
• Opening a car door without checking for oncoming bicyclists (known as "dooring")
• Poorly maintained roads or cycling paths, leading to loss of control or crashes
• Aggressive driving behavior, including speeding or tailgating bicycles
• Drivers under the influence of alcohol or drugs
• Defective bicycle or vehicle parts that malfunction during use

It is important to note that the list above is not exhaustive and that numerous factors can contribute to a bicycle accident. Whether the specific cause of your incident is mentioned or not, we encourage you to reach out for a consultation if you were recently injured in an accident.

Common Bicyclist Injuries

Bicycle accidents often result in injuries varying from mild to severe, affecting cyclists and their families in numerous ways. While some riders may walk away with minor scrapes and bruises, others can suffer significant trauma. 

Some of the most common injuries in bicycle accidents include:

• Lacerations and contusions
• Fractures
• Head/brain injuries
• Spinal cord injuries
• Internal injuries
• Dental and facial injuries
• Road rash
• Emotional trauma

Seeking Compensation After a Crash

At Fertitta & Givens, we help injured bicyclists seek compensation for:

• Medical expenses: Costs for immediate medical care and ongoing treatment.
• Lost wages: Compensation for income lost due to the inability to work.
• Property damage: Repair or replacement costs for your bicycle and any other damaged property.
• Pain and suffering: Compensation for physical pain and emotional distress resulting from the accident.

What If I Share Some of the Fault for the Accident?

In Texas, shared fault can significantly affect the value of a bicycle accident claim. 

Texas follows the modified comparative fault rule, specifically the 51% bar rule. Under this rule, an injured party can recover compensation as long as they are not more than 50% at fault for the accident. If the injured party is found to be 51% or more at fault, they are barred from recovering any damages.

If you are partially at fault for a bicycle accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, and the total damages amount to $100,000, you would only be able to recover 70% of that amount (i.e., $70,000).

Determining fault in a bicycle accident involves an investigation into the circumstances leading up to the accident. Factors considered might include:

• Traffic laws: Whether either party violated traffic laws, such as running a red light or failing to yield.
• Road conditions: The state of the road and whether any hazards contributed to the accident.
• Witness testimonies: Statements from witnesses can provide insight into how the accident occurred.
• Police reports: Official reports often include the officer’s assessment of fault.

Shared fault in a Texas bicycle accident can reduce the value of your claim, but it doesn't necessarily eliminate your ability to recover compensation. Understanding the modified comparative fault rule and working with an experienced bicycle accident lawyer in Houston can help ensure you receive the compensation you deserve, even if you are partially at fault.