Parker Bicycle Accident Lawyer
Cycling can be a fun hobby or a great way to beat traffic, however, it can also be dangerous. Motorists can often be unaware of their surroundings, leaving bicyclists vulnerable to injury.
If you suffered injuries in a bike accident due to another person’s negligence, you could hold them liable for monetary damages with the help of a personal injury attorney. A Parker bicycle accident lawyer could help you weigh your options and decide how to proceed with your injury claim.
How Determination of Fault Affects Recovery in a Bike Accident Case
If an injured cyclist seeks damages after an accident, they must show that someone else’s negligence contributed to their injury. If the cyclist was partially negligent, however, the amount of damages they may collect could be reduced.
Texas C.P.R.C.§33.001 states that an individual who is more than 50 percent at fault for an accident may not seek damages against a negligent party. Although, if a claimant bears 50 percent or less of the responsibility for an accident, a judge may reduce any damage award to reflect that percentage of fault. A seasoned lawyer in the community could explain how partial fault could affect the monetary damages a potential claimant may seek in their bicycle accident case.
Government Defendants in Bicycle Wreck Cases
If a defect in a road, trail, or signage contributed to a bicycle wreck or the driver involved was a government employee on official business, a cyclist may seek damages from the government entity. However, in these types of cases there are certain limitations on the claimant’s eventual recovery.
State law sets a cap on the value of damages government entities can pay. Generally, a potential claimant may receive no more than $250,000 for personal injuries and no more than $100,000 for property damage from a government entity.
To collect any damages, a person who wishes to file a claim against a government entity must first notify the particular government of their intent within six months of the date of the accident. If the injured person does not file the notice in time, they may lose their right to claim damages from this party. It is important to know that some municipalities further restrict the notification time. A skilled lawyer in the area could explain the various legal requirement for filing a bicycle accident claim against a government entity.
Statute of Limitations in Parker
According to Texas Civil Practice and Remedies Code §16.003, a person seeking damages for personal injuries in Texas generally has only two years to bring a lawsuit on their claim. This is called the statute of limitations. If an injured person fails to bring a claim before the appropriate deadline, they may lose their right to sue, except in limited circumstances.
Insurance companies may try to engage a potential claimant in lengthy negotiations to run out the clock and deprive this person of their right to bring forth a suit. A local injury attorney familiar with bicycle accidents could negotiate on behalf of the injured party and keep the discussions productive.
Get Help From a Parker Bicycle Accident Attorney
These claims can be complicated, especially if you are trying to heal from a serious injury. You do not have to go through this process alone. Let an experienced injury lawyer guide you through this challenging time.
Retaining adequate legal counsel could help you avoid losing your right to fair and full compensation. Take the first step and contact a Parker bicycle accident attorney to discuss the specifics of your case.