Houston Bicycle Accident Attorneys

Bicycle accidents are complex events with numerous contributing factors. They can occur in a multitude of scenarios, 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

Understanding the spectrum of potential injuries helps in recognizing the severity of each incident and underscores the importance of immediate medical evaluation. Even seemingly minor injuries can have lasting effects if not properly treated, impacting long-term health and well-being. Our team is well-versed in collaborating with medical professionals to ensure comprehensive care and documentation, vital for legal considerations and personal recovery.

Seeking Compensation After a Bicycle Accident

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.

Understanding the nuances of insurance claims and legal processes can be daunting. Our bicycle accident attorneys in Houston are committed to demystifying this journey for you, providing clear guidance and unwavering support throughout. We work diligently to negotiate with insurance companies and opposing parties to secure a settlement that reflects the full extent of your losses. When necessary, we are prepared to take your case to court to ensure you receive the justice and financial relief you deserve.

What If I Share Some of the Fault for the Bicycle 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.

What to Do After a Bicycle Accident

If you've been involved in a bicycle accident, knowing the right steps to take can make a substantial difference in the result of your case. The moments following an accident are crucial, and how you handle them can impact your ability to recover compensation for your injuries and damages.

• Seek Medical Attention: Regardless of how minor you may feel your injuries are, seeking medical attention immediately after a bicycle accident is important. Some injuries, like concussions or internal injuries, may not be instantly noticeable. A doctor will evaluate your health and provide the necessary treatment, ensuring your injuries are properly documented for insurance and legal purposes.
• Document the Scene: Document the accident scene if you are physically able. Take pictures of your bicycle, the surrounding area, and any visible injuries. Collect information from any witnesses, which includes their names and contact information. If possible, take note of the driver's details, including their name, address, insurance information, and vehicle license plate number.
• File a Police Report: In many instances, a police report will be necessary to deliver an official incident record. This report will contain vital information about the accident's circumstances, such as road conditions, whether any traffic violations occurred, and any citations issued. Having a police report can be a valuable asset in building your case.
• Avoid Apologizing or Admitting Fault: After the accident, it's important not to admit fault, apologize, or make statements that could be interpreted as an admission of responsibility. It's best to let the investigation determine fault, even if you think you may have caused the accident.
• Notify Your Insurance Company: Notify your insurance provider about the accident immediately. Your insurance company will help you navigate the lawsuits process even if you weren't at fault. If the vehicle's driver was at fault, your insurance company can assist in pursuing compensation from their insurance provider.
• Consult with a Houston Bicycle Accident Lawyer: Contacting a skilled Houston bicycle accident lawyer is one of the most important steps. A lawyer will help you navigate the legal process, protect your rights, and ensure that you obtain fair compensation for your injuries.

How Our Bicycle Accident Attorney Can Help You

We can assist you with the following:

• Investigating the Accident: We will thoroughly investigate the accident to determine the cause. We will gather evidence, review police reports, interview witnesses, and assess the actions of the at-fault driver or other parties.
• Negotiating with Insurance Companies: Insurance companies often try to minimize payouts or deny claims, even if you are the victim. We will fight for the compensation you deserve, which includes medical expenses, lost wages, pain and suffering, and more.
• Pursuing Legal Action When Necessary: We are prepared to take your case to court if negotiations with insurance companies don't result in a fair settlement.
• Helping You Understand Your Rights: After a bicycle accident, it's common for victims to feel overwhelmed and unsure of what their rights are. We will take the time to explain your rights and options in clear, understandable terms. We'll ensure you know what steps to take, the timelines involved, and what you can expect during the process.
• Managing the Legal Details: Handling a bicycle accident case involves numerous legal details, which include filing paperwork, meeting deadlines, and dealing with medical records. We will manage all aspects of your case so you can focus on your recovery.
• Maximizing Your Compensation: A bicycle accident can cause significant financial hardship, especially if your injuries prevent you from working. Our goal is to maximize the compensation you obtain to cover not only your immediate medical bills but also any future treatment you may need. This includes rehabilitation, ongoing medical care, and any other expenses related to your recovery.
• Providing Compassionate Support: Dealing with the aftermath of a bicycle accident can be physically, emotionally, and financially exhausting. Throughout your case, we will provide compassionate, personal support to ensure you feel informed, confident, and comfortable as we work to resolve your case.