Melissa Bicycle Accident Lawyer
When a roadway collision involves a motor vehicle striking someone on a bike, the bicyclist ends up with much more severe injuries in almost every case. Without any physical protection from external impacts or even a statewide bicycle helmet law, bike riders in Texas have an extremely high risk of suffering broken bones, ligament tears, traumatic brain or spine injuries, or severe internal organ trauma in these types of incidents.
Fortunately, if you can trace your bicycle crash back to the negligent conduct of a motor vehicle driver, you may be able to work with a personal injury attorney to seek civil restitution for your ensuing damages. A Melissa bicycle accident lawyer could discuss the circumstances of your potential claim with you, determine your legal options, and work on your behalf to pursue the best possible resolution.
Proving Fault for a Bike Wreck
Just like anyone else injured in an auto accident, a bicyclist who wants to recover civil compensation after being hit by a car must be able to prove negligence on the part of the defendant driver. More specifically, they must show through evidence that their losses were a direct consequences of the defendant’s violation of a duty of reasonable care.
In some cases, this is as simple as subpoenaing the report created by the police officer who responded to the scene of the incident and demonstrating the defendant driver was cited for a traffic violation immediately prior to hitting the claimant. In other situations, a local bicycle crash attorney may need to help an injured party in Melissa collect and preserve various forms of evidence, such as traffic or surveillance camera footage, debris from the incident, and testimony from eyewitnesses.
Through a successful claim, an injured bicyclist could seek restitution for every form of economic or non-economic harm they sustained as a direct result of the defendant’s reckless, careless, or illegal actions. Damages that commonly factor into these kinds of cases include but are not limited to:
- Medical expenses
- Bicycle repair or replacement costs
- Pain and suffering
- Loss of past and future earnings
- Permanent disability or disfigurement
- Loss of enjoyment of life
A hardworking attorney could help injured bicyclists calculate their total losses and put together a strong claim for recovery.
What Could Limit a Bicyclist’s Recovery?
Unfortunately, defense attorneys for negligent drivers and insurance companies both often try to shift the blame for bike accidents onto injured cyclists, and if a court agrees with their argument, the end result may be a significant reduction in a bicyclist’s recoverable damages. In fact, under Texas Civil Practice and Remedies Code §33.001, a claimant found more than 50 percent to blame for their own injuries cannot recover compensation at all, even if someone else is still partially at fault.
On top of that, TX Civ. Prac. & Rem. Code §16.003 sets a two-year statutory filing deadline on all personal injury claims filed in the state of Texas, including those based on bicycle collisions. If a prospective claimant does not file suit within two years of discovering their injuries, or if they do not have a bike wreck lawyer in the area do so for them, they will almost certainly be barred from seeking any restitution for that particular incident.
Seek Advice from a Melissa Bicycle Accident Attorney
Whether you suffered minor injuries that will heal over time or a permanent disability that will fundamentally change your life, you have the right to file suit over your damages if you required medical care after a bike crash. However, you may require the assistance of a well-practiced lawyer to be fully compensated for your harm.
A Melissa bicycle accident lawyer with experience handling cases like yours could be an essential ally in your fight for the compensation you deserve. Learn more by calling today and scheduling a consultation.