Austin’s commitment to being a bike-friendly city has led to an extensive network of cycling infrastructure, but bicycle accidents still occur with alarming frequency. When a cyclist is struck by a motor vehicle, the results are often catastrophic due to the stark difference in size and protection between a bicycle and a car, truck, or motorcycle.
At Byrd Davis Alden & Henrichson, we have been protecting the rights of injured cyclists in Austin for over 65 years. As Austin’s oldest personal injury law firm, our experienced bicycle accident lawyer understands the unique challenges bicycle accident victims face and works tirelessly to secure the compensation they deserve for their injuries and losses.
Understanding Bicycle Accidents and Their Consequences
Bicycle accidents involving motor vehicles often result in severe injuries due to the cyclist’s vulnerability on the road. Unlike occupants of cars and trucks who benefit from airbags, seat belts, and steel frames, cyclists have minimal protection when collision occurs. The force of impact can throw a cyclist significant distances, leading to multiple trauma injuries affecting different parts of the body.
The most common causes of bicycle accidents include distracted driving, failure to yield right of way, dooring incidents, and drivers making turns without checking for cyclists. Many accidents occur at intersections where visibility is limited or when drivers fail to share the road responsibly. Even minor collisions can result in serious injuries requiring extensive medical treatment and rehabilitation.
Typical Injuries in Bicycle Crashes
Head injuries represent the most serious concern in bicycle accidents, even when cyclists wear helmets. Traumatic brain injuries can have lasting effects on cognitive function, memory, and quality of life. Road rash and abrasions may seem minor but can require skin grafts and leave permanent scarring. Broken bones, particularly in the arms, legs, and collarbone, are common as cyclists instinctively try to break their fall.
Internal injuries such as organ damage or internal bleeding may not be immediately apparent after a crash. Spinal cord injuries can result in partial or complete paralysis, fundamentally changing a victim’s life. The combination of physical trauma and the psychological impact of the accident often requires comprehensive medical care and ongoing therapy.
Immediate Steps to Take After a Bicycle Accident
The moments following a bicycle accident are crucial for both your health and any potential legal claim. Your safety and medical needs should always be the top priority, but taking certain steps can significantly strengthen your case if you decide to pursue compensation for your injuries.
First, seek immediate medical attention even if you believe your injuries are minor. Adrenaline and shock can mask serious injuries that become apparent hours or days later. Call 911 to request both medical assistance and police response to the scene. Having an official police report documenting the accident provides valuable evidence for insurance claims and legal proceedings.
Documenting the Scene and Gathering Evidence
If you are physically able, document the accident scene thoroughly. Take photographs of your bicycle, the motor vehicle involved, any property damage, and the overall accident scene including traffic signs, road conditions, and skid marks. Capture images of your visible injuries as well, as these can serve as important evidence of the impact’s severity.
Collect contact information from all parties involved in the accident, including drivers, witnesses, and responding officers. Get the other driver’s insurance information and license plate number. If witnesses are present, their statements can be invaluable in establishing fault, especially if the driver disputes responsibility for the accident.
Your Legal Rights as an Injured Cyclist
Texas law recognizes that cyclists have the same rights and responsibilities as other vehicle operators on public roads. When a driver’s negligence causes a bicycle accident, the injured cyclist has the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. However, insurance companies often attempt to shift blame to cyclists or minimize the severity of injuries.
Texas follows a modified comparative negligence rule, meaning you can still recover damages even if you bear some responsibility for the accident, as long as your fault is less than 51 percent. This makes it essential to have experienced legal representation to protect your rights and counter any attempts to unfairly assign blame.
Types of Compensation Available
Bicycle accident victims may be entitled to various forms of compensation depending on the circumstances of their case. Economic damages include medical bills, lost income, and property damage to your bicycle and other belongings. These tangible losses are typically easier to calculate and document with receipts and employment records.
Non-economic damages address the pain, suffering, and reduced quality of life resulting from your injuries. If your accident involved a drunk driver or other particularly reckless behavior, punitive damages may also be available. The total value of your case depends on factors such as injury severity, long-term prognosis, and the impact on your ability to work and enjoy life.
Working with insurance companies after a bicycle accident can be challenging, as they often employ tactics designed to minimize payouts. Insurance adjusters may contact you quickly after the accident, hoping to secure a low settlement before you understand the full extent of your injuries or consult with a bicycle accident attorney. They may also request recorded statements that can later be used against you.
Our experienced Austin personal injury attorneys handle all communications with insurance companies on your behalf. We conduct thorough investigations, work with accident reconstruction specialists when necessary, and negotiate aggressively to secure fair settlements. When insurance companies refuse to offer reasonable compensation, we are prepared to take your case to trial.
Contact Our Austin Bicycle Accident Lawyer
Bicycle accidents can result in life-changing injuries that require extensive medical treatment and rehabilitation. Don’t let insurance companies take advantage of your situation by offering inadequate settlements that fail to account for your long-term needs. Our bicycle accident lawyers have recovered over $100 million for clients throughout Texas and maintain a 98% success rate in personal injury cases.
We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your case. Contact our Austin office today at (512) 454-3751 or through our contact form to schedule a free consultation and learn how we can help you pursue the full compensation you deserve for your bicycle accident injuries.
FAQ
What are common bicycle accident injuries, and how serious can they be?
Bicycle accident injuries range from minor cuts and bruises to serious injury like traumatic brain trauma, spinal cord damage, broken bones, and internal injuries. These serious injuries can lead to long-term physical limitations, affect daily activities, and require extensive medical care. Because bicycle accidents often involve passenger vehicles, victims may face complicated recoveries and financial burdens from medical bills and lost wages, making legal support crucial for recovery.
How can a personal injury attorney help after a bicycle accident caused by a negligent driver?
A personal injury attorney can help you recover fair compensation by investigating the accident, proving liability, and negotiating with insurance companies. They gather evidence, such as witness statements and accident reconstructions, to build a strong case against negligent drivers. Attorneys also help address medical bills, lost wages, and pain and suffering caused by the bicycle crash, ensuring your rights are protected throughout the legal process.
What types of compensation might I be entitled to after bicycle accident injuries?
Victims of bicycle accidents may pursue compensation for past and future medical bills, lost wages, diminished earning capacity, pain and suffering, and emotional distress. If the bicycle accident involved a passenger vehicle, compensation could also cover loss of enjoyment of life or wrongful death claims. A personal injury attorney can guide you through filing claims to ensure you seek full compensation for your losses related to the bicycle accident injuries.
Why is it important to seek medical attention even if a bicycle accident injury seems minor?
Some bicycle accident injuries, like concussions or internal damage, might not be immediately visible but can worsen without prompt medical treatment. Medical documentation from early care is critical for proving the extent of your injuries in personal injury cases. This documentation helps support claims for medical bills and lost wages resulting from your injuries after the bicycle accident caused by another party’s negligence.
How often do bicycle accidents occur due to negligent drivers, and what role do they play in injury claims?
Bicycle accidents frequently occur when negligent drivers fail to yield, pass too closely, or open doors into bike lanes. These negligent actions often cause serious injury or death in bicycle crashes. Establishing driver negligence is essential in personal injury cases to recover fair compensation for medical bills, lost wages, and other damages. Skilled attorneys help prove negligence and hold negligent drivers accountable to protect your rights.
