Injuries Resulting from Bicycle Accidents in McKinney
According to the National Highway Traffic Safety Administration, there has been a 64 percent increase in the number of people who use bicycles as a regular form of transportation since 2000. With this increase in the number of bicycles on the road, there has also been an increase in the number of people who suffer severe harm as a result of bicycle accidents.
Due to the discrepancy in size, weight, and speed, when there is an accident between a bicycle and another motor vehicle there is a higher probability that a bicycle rider will suffer serious injuries. If you sustained injuries resulting from bicycle accidents in McKinney, a determined bicycle accident lawyer could discuss your case with you and help you explore your options.
According to a study conducted by American Family Physician, the most common types of bicycle injuries occur in either the arms or the legs, followed by injuries to the head, face, abdomen, and neck. A majority of bicycle accidents result in some form of superficial trauma such as road rash.
However, some of the other common injuries resulting from McKinney bicycle accidents include:
- Concussions and head-related injuries
- Dental fractures
- Fractures to fingers, wrists, arms, and ribs
- Musculoskeletal injuries such as sprains, strains, and dislocations
In order to recover financially for injuries resulting from bicycle accidents in McKinney, bicyclists typically must prove legal negligence on the part of another person. While there is not an exact statutory definition of negligence in Texas, a person can be deemed negligent when they fail to abide by the standards of a reasonable person under the same or similar circumstances.
Proving that another person was negligent generally requires proving that an alleged defendant owed the plaintiff a duty of care, that they breached this duty of care, and that the plaintiff suffered a physical injury as a direct result of their breach. Proving that a driver was negligent in a bicycle accident cases often requires an extensive review and investigation of the surrounding circumstances leading up to and even immediately following an accident.
How Bicycling Laws Affect a Lawsuit
In McKinney, bicycle riders are required to obey the same traffic laws as other drivers. In addition, bicycle riders can be subject to the same penalties as other motorists for breaking a traffic ordinance, as per Texas Transportation Code §551.101.
These laws can have a significant impact on bicycle accident lawsuits because they can impact legal liability. For instance, Texas follows a modified comparative negligence theory. Under this negligence system, a person is entitled to recover compensation if they are found to be under 51 percent responsible for an accident, according to Texas Civil Practice & Remedies Code §33.001.
Because the same traffic laws apply to bicycle riders as they do to other motorists, it is common in a bicycle accident case for the allegedly responsible driver will claim the bicycle rider did not abide by a traffic law and therefore bears some liability. When a driver breaks a traffic law, however, an injured person may be able to file a claim under a negligence per se cause of action.
Addressing Injuries Resulting from McKinney Bicycle Accidents with an Attorney’s Help
A dedicated bicycle accident lawyer could be prepared to help if you sustain injuries resulting from bicycle accidents in McKinney. Successfully proving and litigating a bicycle accident lawsuit requires an unwavering attention to detail, familiarity, and experience handling personal injury lawsuits, all of which a skilled and knowledgeable attorney could provide in addition to critical support and guidance every step of the way. Call now to find out more.