Attorney Jason Holladay

Bike Accident Rights

On Behalf of | Sep 11, 2020 | Personal Injury

Bicycle Accidents and the Rights of Injured Victims

Bicycle Accidents and the Rights of Injured Victims

Bicyclists are among the most vulnerable people on our public roads. With no armor shielding them from dangers posed by passenger vehicles, bicycle riders often suffer serious injuries when involved in traffic collisions. Thankfully, these injured riders may have the opportunity to recover their damages – including their medical expenses, lost work income, and pain and suffering, among others – by taking legal action against the at-fault party.

Bicycling is popular pastime and form of transportation in Spring, TX, and many local riders are able to enjoy our many pathways, shared use paths, wide sidewalks, and bike lanes. Because the cycling community is so active and has many supporters, local officials are committed to planning communities with walking and biking safety as priorities.

Unfortunately, even with an active cycling community, numerous bike trails, and a focus on safety, riders can still suffer preventable harm when others are negligent. At the Holladay Law Firm, PLLC, our personal injury attorney has helped many riders after they suffered injuries in bicycle accidents throughout Spring, TX and the surrounding communities of Texas. We understand the often severe consequences bicycle accidents can have for victims and their families, which is why we are committed to helping them secure the justice and compensation they deserve.

If you or someone you love has been injured in a bicycle accident, understanding your rights is crucial to ensuring you secure the financial resources needed to cover your losses, emotional injuries, and any future needs you may have a result of your injuries. Here are a few important things to know about bicycle accidents and personal injury claims:

Victims have rights – When a preventable bicycle accident is caused by the negligence of another, victims have the right to pursue compensation from the negligent party. This means that by taking legal action and initiating the personal injury claim process, you can hold the at-fault party accountable for failing to uphold their legal duty of taking reasonable measures to keep others free from preventable harm.

Liable parties – Most bicycle accidents involve motorists who fail to see a rider or otherwise cause injuries through negligence. This commonly involves distracted driving (where drivers fail to see riders when they should), failing to yield at turns, not passing riders with a safe distance, drunk driving, and other critical driving errors. There may also be cases where riders suffer injuries as a result of accidents caused by parties other than a motorist. This may be the case when a defective bicycle or bike part causes a rider to lose control and crash, or when conditions on a premises pose hazards a property owner should have known about and fixed in order to avoid injuries. Determining who can be held at fault and liable for your accident is a crucial part of bicycle accident cases.

Negligence – Personal injury claims are hinged on proving negligence. This means that victims will need to clearly and convincingly establish that a wreck more likely than not happened because of the at-fault party’s negligence. A driver who violated a turn signal and causes=d a bike crash in the intersection, for example, is negligent for failing to abide by the law, just as a motorist who causes an accident while texting exemplified negligence by not paying attention to the primary task of operating their vehicle. All motorists, bicyclists included, have a legal duty to drive safely. When they breach this duty through, they can be held accountable for their negligence. Because Texas uses the standard of modified comparative negligence in personal injury cases, injured riders who may have contributed partially to a crash may still have the right to recover compensation as long as the other party involved is found to be more at fault.

Damages – In addition to establishing fault, liability, and negligence, victims will also need to show that they incurred real damages as a result of their accident and injury. Because bike wrecks commonly result in serious injuries, riders frequently require extensive medical treatment or even serious medical intervention and surgeries that can cause extensive pain, keep them out of work, limit their quality of life, and require long recoveries. These damages, as well as emotional damages, can be recovered through a successful personal injury claim. In some cases, especially those involving catastrophic injuries and wrongful death, families of victims may also be able to recover compensation for the damages they suffer, which commonly include the emotional toll of having a family member seriously injured or losing a loved one.

An attorney can make the difference – Although there are legal avenues for victims to pursue compensation after an accident, they are not easy to navigate. Personal injury claims are almost always defended by large and powerful insurance companies that care more about their bottom line than paying victims what they deserve. These insurers leverage extensive assets to fight claims and pay victims as little as possible. By working with an experienced attorney who can guide you through the process and level the playing field with powerful insurance providers, you can put yourself in position to secure the compensation you need.

The Holladay Law Firm, PLLC is passionate about protecting the rights of the injured. Over the years, we have been able to successfully resolve even the most challenging cases by leveraging Attorney Holladay’s experience, trial abilities, and determination to ensure negligent parties are held accountable.

If you have wish to discuss a bicycle accident, your rights, and what our firm can do to help, call 1-800-900-3319 for a free consultation.