Bicycles offer a cheap, environmentally friendly, and healthy way to get around. Many people forgo cars entirely and rely on their bikes for all transportation needs. In recognition of this, bicyclists are afforded the same legal protections and carry the same responsibilities under the law as all other road-goers.
Any person who is injured as the result of an accident while riding their bicycle has the right to pursue the at-fault driver for damages. When it comes to negotiating with their insurance company, however, you may benefit from the legal help of a Plano bicycle accident lawyer. Speak with a distinguished personal injury attorney as soon as possible. En Español.
While some motorists may relegate bike riders to second-class status in their minds, bicyclists retain the same rights and responsibilities as everyone else on the road. Anyone who infringes upon these rights may be committing an act of negligence, a status which qualifies as grounds for legal action if someone is injured as a result.
Our seasoned Plano bicycle accident attorneys have seen that negligence is the most common cause of action utilized by bike riders to obtain compensation for their injuries. This is because negligence allows people injured in accidents to hold the at-fault party responsible, even if the injuries were not intentionally caused by the defendant.
A negligence claim can only be pursued when the defendant has a duty to protect the plaintiff. However, this is almost always the case in bicycle accidents, since all drivers have a duty to look out for the well-being of anyone else they may encounter on the road. This obligation applies to bike riders as well.
The plaintiff must next prove that this duty was breached by the defendant. This is another way of saying the defendant was at-fault for the accident. This can be proven by demonstrating that the defendant was violating a rule of the road at the time of the accident, or by showing that the defendant was driving in a technically legal but still careless manner.
If this breach led directly to an injury, the plaintiff can sue for damages. Damages in the legal sense can extend far beyond medical costs. Many successful claims include compensation for lost wages, mental suffering, and loss of enjoyment of life.
Texas law specifies a time limit on bicycle accident cases that all plaintiffs must meet. If their cases are not filed in court within this time, the case is usually dismissed. Our knowledgeable bike crash lawyers know that under the law, plaintiffs in any personal injury case have only two years from the date of the accident to file a case in court.
Even in bicycle accident cases where the defendant’s liability seems clear, civil suits can take many months to resolve. In the meantime, injuries sustained in the accident can affect not just a person’s physical health, but also their frame of mind.
The experienced attorneys at McCraw Law Group are available to deal with the details so that you can get their life back on track by completing all the necessary paperwork, gathering all the evidence, and protecting you from the defendant’s insurance company. Many cases end with a fair settlement without ever needing to go to court. Therefore, it may be beneficial to speak with a Plano bicycle accident lawyer to see what options may be open to you.
McCraw Law Group