Bicycle Accident Lawyer Houston, TX
Bicyclists face heightened dangers when traveling on El Paso’s roads. Along with pedestrians and motorcyclists, bicyclists are considered āvulnerable road usersā. They are more likely to be severely injured or killed if involved in a motor vehicle crash as they lack significant protection. Many bicyclists wear helmets, which provide some protection for the head and brain, but in the potentially deadly contest between helmeted bicyclists and cars, trucks, or other motor vehicles, the bicyclist is the clear underdog.
If you are injured in a bicycle accident, a El Paso bicycle accident lawyer can help make your road to recovery smoother and less stressful by handling your personal injury claim. The team at Farah Law offers exceptional legal representation and will fight to recover your losses and secure financial compensation for your pain and suffering. Contact us to speak with a knowledgeable El Paso personal injury attorney today.
Common Causes of Bicycle Accidents in El Paso
The Texas Department of Transportation (TxDOT) reports an increase in bicycle accidents on Texas roadways over a recent four-year period as part of its Bicycle Safety Campaign. Statistics show bicyclist deaths caused by traffic accidents rose 28%. During the final year, 2,349 crashes involving bicyclists occurred, resulting in 92 fatalities and 333 serious injuries.
The report indicates the most common contributing factors in these accidents include ādriver inattention, failure to yield the right of way, and speeding.ā The Texas Department of Transportation emphasizes that bicyclists and motor vehicle operators share the same rights and responsibilities when it comes to upholding traffic laws, but motorists must still:
- Leave a safe distance when passing bicyclists
- Give bicyclists space to ride
- Yield right of way to cyclists when making turns
- Comply with the speed limit
- Stay focused on the road at all times
Often, the safest lanes for cyclists to ride in are designated bike lanesāportions of roadways separated from traffic through striping or other physical barriers, and set aside for the use of bicyclists only.
Negligent Drivers
No matter how much care you take to protect yourself as a cyclist, a negligent driver can still cause harm. A distracted driver may take their eyes off the road to read a text and swerve into a bike lane. A negligent driver may fail to come to a complete stop at a stop sign and cause an intersection crash. Their negligence can cause you pain, disfigurement, and a lifetime of undeserved consequences. The El Paso bicycle accident lawyers from Farah Law are here to help mitigate those consequences and hold the negligent driver who caused your accident accountable for damages.
Steps Injured Cyclists Should Take Immediately After A Bicycle Accident
Texas has laws governing the reporting of car accidents, including pedestrian and bicycle crashes. The Texas Transportation Code 550.041 mandates reporting an accident to a peace officer if a person is injured or killed, or when there is property damage of $1,000 or more. Since most bicycle crashes involve injuries, it is best to call law enforcement immediately to the scene and have them create an official police report.
In its Texas Guide to Safe Bicycling, the TxDOT also instructs bicyclists to:
- Call 9-1-1 and ask for the police and an ambulance if needed. If other parties involved are hurt and unable to call, you should make the call for them.
- If you can do so without causing further injury, move your bicycle out of the roadway and to a safer area.
- If a motorist is involved, ask the driver for their contact information, vehicle identification and license plate numbers, as well as their and insurance and driverās license information.
- Collect contact information from witnesses.
- Remain at the accident scene until law enforcement arrives.
If you do not need an ambulance, you should still see a doctor right away. Have your injuries diagnosed and documented, and follow your doctorās treatment plan for recovery. Prompt medical attention protects both your physical safety and your bicycle accident case. If you delay care and pursue a bicycle accident claim later, the negligent party may have room to argue that your injuries were not as severe as claimed and that you are inflating them for monetary gain. They can also claim that your decision to defer care caused your debilitation, not the initial accident and injury.
The next step is contacting our El Paso bicycle accident attorneys to learn your legal options. We will review your case for free, and if you have grounds, help you seek compensation for your physical injuries, medical costs, other expenses, and mental anguish. The El Paso bicycle accident attorneys at Farah Law are compassionate yet prepared to pursue your bicycle accident claim aggressively. Throughout the process, we will provide sound legal advice and address any questions or concerns you may have.
Compensation for Medical Bills and Severe Injuries After A Bicycle Accident
Bicycle accident injuries can be severe. Some victims sustain broken bones in the arms, legs, hands, or face. Since riders can be thrown over handlebars, broken jaws, cheekbones, and teeth are not uncommon injuries. In the best-case scenarios, broken bones heal fully, but typically, this recovery takes time, invasive medical treatment, and long-term physical therapy. Other times, the bones are too damaged to completely heal, and victims experience permanent issues with mobility, strength, and sensation in affected parts of the body, along with chronic pain.
There is also the potential to sustain catastrophic bicycle accident injuries. Traumatic brain injuries can impair the victimās physical and cognitive abilities. Victims of spinal cord injuries can experience partial or total paralysis or lose other physiological functions as communication between the brain and body systems is disrupted. They may require ongoing, round-the-clock medical care.
Our El Paso bicycle accident lawyers will help victims seek compensation through an injury claim. Alternatively, if the accident resulted in fatalities, a personal injury lawyer can help the surviving family pursue a wrongful death claim. Under Chapter 71 of the Texas Civil Practice and Remedies Code, a āperson is liable for damages arising from an injury that causes an individualās death if the injury was caused by the personāsā¦wrongful act, neglect, carelessness, unskillfulness, or defaultā.
If your loved one did not immediately die from the accident but later succumbed to damage caused by traumatic brain injuries, spinal cord injuries, or other internal injuries incurred by the accident, you may be entitled to wrongful death compensation.
Potential Damages Available
Texas law, Chapter 33, allows injury victims to hold at-fault parties accountable for paying damages, provided the victims are less than 51% responsible for the accident that led to those injuries. The statute of limitations for filing an injury claim is two years.
The amount of compensation victims receive depends on a number of factors. First, insurance companies for the at-fault party will work to deflect blame from their client and onto you to either put your fault above 50%, making you ineligible to file, or at least lower their payout. Under Texas law, the amount of compensation eligible victims can collect is reduced by the percentage of fault (if any) assigned to them. For example, if you are found 30% at fault, insurance companies can pay you 30% less than the total amount of compensation calculated. Trust your El Paso bicycle accident attorneys to challenge accusations and fight to maximize your compensation.
Your medical bills and future medical expenses are additional factors. Your lawyer will review your medical records, total your bills, and consult with your doctors and other medical professionals to determine an amount to cover those bills and expenses for ongoing medical attention. Your health insurance providers may have already covered some medical bills, and your attorneys will make a settlement demand to reimburse them without reducing your compensation.
Your El Paso bicycle accident attorneys will also include income lost while you were off work recovering, future lost wages and benefits if you cannot return to work, your physical pain and disfigurement, emotional distress, and the value of your diminished quality of life in the settlement demand.
Some bicycle accident claims are settled through negotiations, so victims never have to go to court. However, if the insurance companies refuse to make acceptable offers or delay justice, you may decide to take the case to court. The team at Farah Law consists of formidable trial attorneys, ready and able to provide you with fierce, effective trial representation.
Free Consultation for Bicycle Accident Victims
If you have been involved in a bike crash, contact the El Paso bicycle accident attorneys at Farah Law for a free case evaluation. We know what it takes to achieve the most favorable outcome to personal injury cases and provide each client with the benefit of our 50-plus years of combined experience and knowledge. Since we work on a contingency fee basis, you wonāt pay us anything until you receive compensation for your losses. Connect with us today āwe are ready to get to work.
Contact usĀ today atĀ (915) 233-4297Ā to discuss your case and legal options to recover compensation with an experienced and caring car accident lawyer in El Paso!