Bike riding is a cost-effective and healthy way to get around town. In addition to being environmentally-friendly, riding a bike also gives you a chance to be outside, taking advantage of the sunshine and good weather. However, accidents can occur when cyclists must leave biking trails and join with motor vehicles on city roads.
If an automobile crashed into you while you were on your bike, you deserve legal assistance from a trusted personal injury attorney. A Bellaire bicycle accident lawyer could help you pursue a case against the person who caused your accident.
How to Win a Bellaire Bike Crash Lawsuit
To recover compensation after suffering injuries in a bike crash, an accident survivor must prove that another person was legally responsible for causing the accident. Most accidents involving cars and bicycles occur due to the negligence of the car’s driver. To prove that a vehicle driver was negligent, an injured cyclist would need to demonstrate the following:
- The driver had a duty to drive carefully and protect other people on the road, including cyclists.
- The motorist breached that duty by doing something careless or reckless, such as speeding, driving drunk, or texting from behind the wheel.
- The driver’s breach of the duty caused an accident that led to the claimant’s injuries.
- The claimant suffered actual losses because of the driver’s negligent, wrongful actions.
A dedicated lawyer in Bellaire has experience helping bicycle accident survivors gather evidence to prove that a driver is legally responsible for a crash, working tirelessly and aggressively to achieve a positive outcome. A lawyer could perform their own investigation by examining the official police report, photographs from the crash scene, and eyewitness testimony. If necessary, they could reach out to accident reconstruction experts to better understand exactly how the accident occurred.
Sharing the Blame with the Driver
Accidents between bicycles and cars are not always wholly one-sided. Sometimes, the person riding the bike does something wrong that contributes to the crash. Cyclists share the blame for an accident when they act negligently or recklessly. For instance, a bike rider could be partially responsible for a wreck when they do not obey all traffic laws, and a cyclist who rides against traffic or through a red light could contribute to a crash.
Similarly, a bike rider who veers out of dedicated bike lanes and merges into fast-moving traffic could also be partly to blame. However, just because a cyclist was somewhat careless does not excuse the negligence or recklessness of a motorist.
Fortunately, Texas courts operate with a modified comparative negligence standard. Courts look at the actions of both parties and assign blame. Cyclists who suffer injuries in crashes with cars can still recover damages even if they bear some responsibility for the accident, as long as they are less than 50 percent to blame for the crash. If a cyclist prevails in their legal claim, a Texas court would reduce their damages based on their percentage of fault.
If an injured cyclist has concerns about this legal standard, they should meet with a bike injury attorney in Bellaire who could explain how it might apply to them.
Call a Bellaire Bicycle Accident Attorney for Qualified Guidance
Bikes do not give their riders any defenses to protect them. Whenever a car strikes a bicycle, the bike’s rider is at serious risk of suffering catastrophic injuries such as a TBI or permanent paralysis. If a motor vehicle hit you while you were riding your bike, you should consider taking legal action.
An experienced Bellaire bicycle accident lawyer could help you get started, so reach out to our legal team today for a free consultation.