One minute, you are riding down the street with the sun and wind on your face. The next minute, you are in shock, dealing with the first effects of a collision with a motor vehicle. In 2021, there were 966 bicyclists killed in traffic accidents, according to the National Highway Traffic Safety Administration. Even collisions that don’t result in wrongful death can take a toll on the victim’s life. Everyday activities such as work and even cycling may not be as enjoyable as in the past.
Understanding the specifics of an Austin bicycle accident case is crucial, as each situation is unique and requires careful consideration. If you find yourself feeling overwhelmed by your bicycle accident, call the Austin bicycle accident lawyers with Byrd Davis Alden & Henrichson, LLP.
Our Austin personal injury law firm has a proven track record of successfully serving accident victims and their families throughout Texas. We work with bicycle accident victims of all kinds, including families with children who were hit and injured in bike accidents.
Understanding Bicycle Accidents
Bicycle accidents can be devastating, resulting in severe injuries or even fatalities. In Austin, Texas, bicycle accidents are a common occurrence, with many factors contributing to these incidents.
These factors include driver negligence, poor road conditions, and inadequate cycling infrastructure. Understanding the causes and consequences of bicycle accidents is crucial for cyclists, motorists, and law enforcement agencies.
By recognizing the risks and taking preventive measures, we can work towards reducing the number of bicycle accidents in Austin. Cyclists should always be vigilant, follow traffic laws, and use safety gear, while motorists must be aware of cyclists and share the road responsibly.
Types Of Bike Accident Compensation
Each bicycle accident case differs. Pursuing a bicycle accident lawsuit involves navigating legal complexities to ensure fair compensation for injuries. You may be able to pursue damages for:
Past and future medical expenses
Loss of income
Diminished earning capacity
Pain and suffering
Emotional distress
Loss of enjoyment
Loss of consortium
Wrongful death
Common Injuries Suffered in Bicycle Accidents
Bicycle accidents can result in a wide range of injuries, from minor scrapes and bruises to severe and life-altering conditions. Some of the most common injuries suffered in bicycle accidents include:
Head trauma: This includes concussions and traumatic brain injuries, which can have long-term effects on cognitive function and quality of life.
Spinal cord injuries: These injuries can result in paralysis or loss of mobility, significantly impacting a person’s ability to perform daily activities.
Broken bones: Fractures and shattered limbs are common in bicycle accidents and often require extensive medical treatment and rehabilitation.
Internal injuries: Organ damage or internal bleeding can be life-threatening and may not be immediately apparent after an accident.
Soft tissue injuries: Sprains, strains, and lacerations can cause significant pain and may require physical therapy for recovery.
Road rash: Severe skin abrasions and scarring can result from sliding on pavement during a crash.
These injuries can have a significant impact on a person’s quality of life, causing pain, suffering, and financial hardship. Bicycle accident victims need to seek immediate medical attention and consult with an experienced Austin bicycle accident lawyer to explore their legal options.
Bicycle Accident Case Study
Our firm represented an experienced cyclist who was struck by an SUV as he rode through an Austin intersection. The SUV pulled in front of the cyclist. The SUV driver insisted he had a green light, which the police report reflected. We found an independent witness who saw the collision but did not speak with the police or give any statements for the police report.
The witness stated the cyclist had the green light. The case ended in a substantial settlement for our client. Through advanced accident reconstruction, we created a precisely scaled video animation of the accident, which proved the other driver’s fault. We were also able to prove the at-fault driver was working in the course and scope of his employment, despite being in a personal automobile.
The cyclist suffered an incomplete spinal cord injury that caused permanent impairments affecting both arms and legs. He could walk and use his arms but had diminished control of certain muscles.
On the eve of the trial, our bicycle accident attorneys were able to negotiate a settlement of $1.5 million. After attorney’s fees, case expenses, and liens for medical expenses, our client personally received $873,334.
Consulting skilled bike accident lawyers can help navigate the complexities of liability and insurance negotiations following a bike accident.
Our Focus On Bicycle Safety
By following these bicycle safety tips, the various causes of Austin bicycle accidents, such as negligent driving, defective equipment, and unsafe road conditions, can be mitigated, making Austin roads safer for everyone.
What You Can Do As A Cyclist
Follow the rules — Use bike lanes, obey traffic signals, and always stick to the right.
Wear a helmet — Whether you are a child or an adult, wearing a helmet could save your life.
Be visible — Wear bright clothes, use reflectors, and turn on your bike lights at night.
Use signals — Use hand signals and other ways to communicate with motorists.
Stay alert — Always pay attention to traffic and be aware of your surroundings.
What You Can Do As A Motorist
Follow the rules — Obey traffic signals and laws, including yielding when bicyclists have the right of way.
Keep a lookout — Scan for cyclists, especially children on bicycles, when you drive through neighborhoods.
Leave room — Give cyclists at least three feet of space when passing and don’t tailgate.
Use signals — Let a cyclist know when you are turning.
Look before you open — Never open the door of a car parked on a street without checking for cyclists.
What Kind Of Bicycle Accident Were You Injured In?
Your ability to pursue compensation in an Austin bicycle accident depends on whether someone else was at fault and the severity of your bicycle accident injuries. Bike-car collisions often result from the following types of negligence:
Left cross — When a motorist and bicyclist reach an intersection from opposite directions. The motorist turns left, hitting the bicyclist. Motorists often fail to see bicycles or misjudge their speed of travel.
Right hook — When a motorist turns right in front of a bicyclist at an intersection or traffic signal or when the bicyclist is passing on the right. The motorist may fail to keep a lookout or check blind spots.
Buzzing — When a motorist tries to overtake a bicyclist and passes without leaving at least three feet of space. The motorist may hit the bicyclist due to inattention or poor judgment. Too often, the motorist acts with intent.
Tailgating — When a motorist fails to leave a safe following distance from a bicycle. Because a bicyclist may need to swerve or stop suddenly due to obstacles in the road, tailgating can be very dangerous.
Dooring — When a motorist gets out of his or her car without checking for passing bicyclists. The motorist can hit the bicyclist with the door or the door can open in the bicyclist’s path.
Backovers — When a motorist backs out of a driveway or parking spot and runs into a passing bicyclist. Unfortunately, many children are injured in these types of crashes. Failure to check mirrors typically is the cause.
What to Do After Being Hit by a Car While Riding a Bike in Austin?
If you believe that a motorist’s negligent or intentional misconduct caused a bike accident in Austin that harmed you or a loved one, you owe it to yourself to pursue your legal options.
Understanding the specifics of an Austin bicycle accident case is crucial, as each case has unique circumstances that can affect the outcome.
After you have sought out the appropriate medical attention and notified the police of the incident, your next steps will likely entail the following:
Bringing a claim against the at-fault motorist. If the car driver is at fault, you can file a claim through the driver’s liability insurance policy.
Filing a claim with your insurer. If the driver lacks insurance or has insurance that fails to cover all of your losses, you can file an uninsured motorist/underinsured motorist (UM/UIM) claim with your insurer.
Pursuing third-party claims. In some cases, a third party may be at fault; such parties may include the bar or store that served a drunk driver who hit your bicycle or the driver’s employer if the driver was working at the time of the crash.
Your goal should be to explore all potential sources of compensation to maximize the amount you can potentially recover for your medical care and other damages.
The best course of action to ensure your rights are protected on all fronts is to hire a personal injury lawyer. They will handle all filing, negotiations, and scheduling while you focus on your recovery.
Texas Bicycle Laws That Affect Accident Cases
In Texas, several laws affect bicycle accident cases. Understanding these laws is essential for cyclists and motorists alike. Some of the key laws include:
Texas Transportation Code Section 551.101: This law states that cyclists have the same rights and duties as motorists, meaning they must obey traffic signals and signs, and motorists must respect their right to use the road.
Texas Transportation Code Section 545.363: This law requires motorists to yield to cyclists when turning or changing lanes, ensuring that cyclists are given the right of way in these situations.
Texas Transportation Code Section 545.413: This law prohibits motorists from passing cyclists at a distance of less than three feet, promoting safer passing practices to prevent collisions.
These laws are designed to promote safe cycling practices and reduce the risk of bicycle accidents.
However, when accidents do occur, it is essential to understand the laws that apply to determine liability and seek compensation. An experienced Austin bicycle accident attorney can help navigate these legal complexities and advocate for the rights of accident victims.
What Type of Damages Are You Entitled to After Your Accident?
If an insurance company contacts you before you hire a lawyer and make a settlement offer, it would serve your interests to ask a lawyer to review the offer first. Pursuing a bicycle accident lawsuit can be complex, involving legal accountability and navigating insurance negotiations.
It is important to remember that they are not your friend, and the offer will likely not adequately cover the full extent of your losses.
While the amount sought will depend on the facts of a case, a demand for a bicycle accident settlement typically will seek:
Economic damages
Also identified as general damages, this is compensation for all your past medical expenses and the costs of future care and treatment.
Settlement offers initially proposed by the insurance company will likely not include the cost of your future care.
Other areas of economic damages cover include the recovery of all lost income due to inability to work, diminished future earning capacity, and loss of services.
Noneconomic damages
Non-economic damages, or special damages, are compensation for the pain and suffering you have suffered as a direct result of the accident.
For wrongful death claims, this also includes the loss of a loved one’s care and companionship. If a bike-car collision caused the death of a loved one, you may be eligible to seek wrongful death damages, including funeral expenses and the loss of your loved one’s support.
If the insurance company responds with a settlement offer, your lawyer can advise you about whether you should accept the offer or decline it and take your case to trial. The decision belongs to you.
Proving Negligence in a Bicycle Accident Claim
Proving negligence in a bicycle accident claim requires demonstrating that the at-fault party breached their duty of care, resulting in harm to the cyclist. To establish negligence, the following elements must be proven:
Duty: The at-fault party had a duty to exercise reasonable care, such as a motorist’s duty to follow traffic laws and drive safely.
Breach: The at-fault party breached their duty of care, for example, by running a red light or failing to yield to a cyclist.
Causation: The breach of duty caused the cyclist’s injuries, meaning there is a direct link between the negligent action and the harm suffered.
Damages: The cyclist suffered damages as a result of the at-fault party’s negligence, which can include medical expenses, lost income, and pain and suffering.
In Texas, the modified comparative negligence doctrine applies, which means that the cyclist’s recovery will be reduced by the percentage of fault. For example, if the cyclist is found to be 20% at fault, their recovery will be reduced by 20%. If the cyclist is found to be 51% or more at fault, they will be barred from recovery.
By understanding the laws and regulations that apply to bicycle accidents, cyclists and motorists can take steps to reduce the risk of accidents and promote safe cycling practices. If an accident does occur, it is essential to seek the advice of an experienced Austin bicycle accident attorney to navigate the complex legal process and seek fair compensation.
How Can We Help Bike Accident Victims In Austin?
At Byrd Davis Alden & Henrichson, LLP, we will take the time to find out how your bicycle accident has impacted you physically, emotionally, and financially.
Our goal will be to seek compensation that will make you as “whole” as possible. We will begin an immediate investigation of your case. We will inspect the accident scene, interview witnesses, analyze any video or photo evidence, and consult with accident reconstruction experts.
Skilled bike accident lawyers can help navigate the complexities of liability and insurance negotiations following a bike accident.
Our goal will be to carefully prepare your case for a settlement demand. We believe that preparing a case as if it is going to trial allows us to work from a position of strength when dealing with insurance companies.
If liability is contested or an agreement cannot be reached on damages, we will be ready to present your case to the jury and pursue a verdict.
Finally, we can help you by taking steps after a settlement or verdict that are aimed at disbursing your financial recovery to you as efficiently as possible. After all, we know how important it will be for you to move on. It is important to note that extra steps may be necessary if the bike accident victim is a child.
Get Help From an Experienced Bicycle Accident Lawyer in Austin, TX
As you will quickly find out after you contact us, the Austin bicycle accident lawyers of Byrd Davis Alden & Henrichson, LLP, are truly committed to working hard for our clients and pursuing maximum compensation for them. We care about our client’s future.
We serve victims of Austin bicycle accidents and their families in Austin and throughout Texas.
Our bicycle accident lawyers in Austin will always be available to answer your questions and provide you with an update about your case. We will not charge any legal fees unless we obtain a verdict or settlement for you.
To get started with a case review, call our office at (512) 454-3751 or reach us through our contact form today.
