Allen Bicycle Accident Lawyer
As an increasing number of bicyclists hit the roads for fun, exercise, or transportation, the amount of accidents involving riders is rising as well. In fact, from 2010 to 2016, there were 16,807 crashes in Texas involving bicyclists resulting in 9,769 injuries, according to the organization Share the Road.
When you are struck by a motorist, an experienced Allen bicycle accident lawyer could help you work to recover compensation for your injuries and damage to your bike so you can return to the road as quickly as possible. Contact a skilled attorney to get started on your claim. En Español.
Bicyclist Rights in Allen
Under the state’s Transportation Code, riders on a highway or bike path have the same rights and duties as motorists. That means that in addition to taking the necessary precautions to avoid a collision with a vehicle, motorists also owe riders a duty to operate their vehicles in a safe manner.
Specifically, according to the National Highway Traffic Safety Administration, there are several actions motorists should take to avoid colliding with a rider, including:
- Yield to bicyclists just like motorists
- Search surroundings for bicyclists in areas like intersections and parking lots
- Look to the right and behind when turning right to avoid hitting a cyclist from the rear
- Stop completely and looking both ways before turning right on red
- Obey the speed limit
- Reduce speed for the conditions
- Drive defensively to avoid a crash
- Give cyclists enough room when passing
Top Causes of Bicycle Accidents
Even with increasing public awareness campaigns and outreach aimed at educating drivers about being on the lookout for cyclists, accidents still occur. Some of the most common causes of bike accidents include:
- Failing to yield
- Turning into the path of a rider
- Violating traffic regulations or traffic control devices
- Misjudging of the distance required to pass
- Being distracted
All of these actions could give rise to a cause of action for negligence if an accident occurs as a result of a driver’s behavior. Any bicyclist injured by the negligent actions of another on the road should speak with an Allen bicycle accident lawyer who could help assess a potential claim.
Establishing Driver Negligence
To file a lawsuit for a bike accident based on the negligent actions of a motorist, a plaintiff must establish that the defendant was negligent. That means the plaintiff must show that the defendant owed them a duty to act or not to act, breached that duty, caused the plaintiff’s injuries by that breach, and caused the plaintiff to suffer damages.
Sometimes, a bicyclist’s actions also contribute to the accident that causes their injuries. In those situations, they can still bring a lawsuit for damages under the state’s comparative fault law as long as they are not 51 percent or more responsible. However, the amount recoverable will be reduced proportionately by their degree of fault.
Statute of Limitations in Bicycle Accident Cases
In the state of Texas, under the Civil Practice and Remedies Code, plaintiffs generally have two years from the date of the accident to bring a suit for a personal injury stemming from a bicycle accident. After that period of time, they may be barred from recovery.
However, exceptions to this limit do exist. To determine the exact time frame of filing a claim, contact an Allen bicycle accident lawyer who can help create a plan of action.
An Allen Bicycle Accident Attorney is Here to Help
When you rely on your bike to travel, or simply enjoy riding, you expect that motorists will operate their vehicles safely to avoid a collision with you. But when a driver is negligent and their behavior causes you to suffer injuries, a knowledgeable Allen bicycle accident lawyer could help you file a lawsuit to recover the damages you need to get back in the saddle. Call today to discuss your situation.