Drivers have a responsibility to be cognizant of other motorists and bicycle riders, but unfortunately, many drivers make turns without checking blind spots or signaling, use the shoulder to pass other drivers, and engage in other such negligent actions. As a result, there are thousands of accidents involving bicycle riders every year, according to the Texas Department of Transportation.
When a driver fails to take bicycle riders into account and injures one as a result, a dedicated personal injury attorney may be able to prove them negligent and hold them accountable in civil court. If you are hurt in a crash another driver caused while you were riding a bike, a Murphy bicycle accident lawyer could help determine if you have a claim against a driver to recover compensation. En Español.
Bicycle riders are expected to abide by all the same traffic rules and regulations as other drivers on the road. Likewise, bicyclists have the same protections as everyone else when it comes to the duty of care other drivers have to ensure they do not come to harm.
Because Texas employs a modified comparative negligence standard for fault in civil lawsuits, a bicycle rider may be held liable as well and may have their own compensation reduced or even barred if they are found to have contributed to an accident. Under Texas Civil Practices & Remedies Code §33.001, if a party to a personal injury claim is found to be more than 50 percent at fault for their accident, they would not be able to recover compensation for their injuries.
If a driver violates a traffic regulation, this may serve as a basis for imposing liability based on negligence per se. In essence, this principle means the driver may be considered legally negligent specifically by virtue of violating a traffic law. A Murphy bicycle accident attorney could help clarify what this might mean in an individual plaintiff’s case.
A bicycle rider who suffers injuries because of a negligent driver may be entitled to compensation for their injuries and damages, including medical expenses, lost wages, and property damage. However, simply because a bicycle rider has been involved in an accident does not mean they are automatically entitled to money.
Instead, if they cannot reach a private settlement with the party who allegedly injured them, injured bicyclists must prove their case valid in civil court. This can be complex, especially if the motorist in question claims the bicycle rider caused the accident themselves.
A dedicated bicycle accident lawyer in Murphy could analyze and present specific factors to a court to help bolster a claim. This may entail analyzing:
If you were injured in a bicycle accident recently, contacting a Murphy bicycle accident lawyer may be in your best interests. After suffering injuries and other damages by no fault of your own, it may be important to your own physical, emotional, and financial well-being to hold negligent drivers responsible for their actions.
A dedicated attorney could help determine the extent of your injuries, negotiate settlements with insurance companies, prepare filings for litigation, and work to recover compensation for a bicycle accident. Call today to set up a consultation and see what options may be available to you.
McCraw Law Group