Thousands of Texas bicyclists suffer serious injuries in collisions with motor vehicle drivers every year, many of which could have been avoided if everyone involved had been acting responsibly. Unfortunately, filing suit against someone responsible for causing a biking accident can be challenging, especially if you have never been through civil settlement negotiations or inside a civil courtroom before.
Recovering the losses you sustained in a crash that occurred while bicycling could be much easier with the support of a personal injury attorney. A knowledgeable Kyle bicycle accident lawyer could serve as your legal advocate and strongest ally throughout every stage of your case, working diligently the whole time to maximize the compensation you receive.
Proving Someone Else’s Fault for a Bike Wreck
Much like accidents between two or more automobiles, bicycle crashes caused by careless or reckless motor vehicle operators often involve driver negligence. To hold someone accountable for biking accident-related losses based on “negligence,” the injured cyclist filing suit must show that the named defendant:
- Owed the bicycle rider an implicit or explicit duty of care to act safely and reasonably
- Failed to meet that duty by instead acting carelessly or recklessly
- Caused an accident as a result that directly led to the losses being claimed
Negligence can take various forms in bicycle collision claims, from overt breaches of traffic law to irresponsible behaviors like driving while distracted.
Additionally, civil plaintiffs may also need to establish that they themselves were not liable for causing or worsening any of their damages if the opposing party accuses them of being partially responsible. Being found partially liable for a biking accident would result in a reduced compensatory award or even losing the right to recover anything at all if the plaintiff’s percentage of liability exceeds the defendants, making it imperative to work with a diligent attorney.
A Kyle lawyer at our firm could give irreplaceable help in building a compelling bicycle crash case that factors in all available pieces of evidence and effectively preserves an injured cyclist’s right to compensation. Professional legal representation may be especially crucial for constructing a strong claim within the two-year filing deadline established in Texas Civil Practice and Remedies Code §16.003.
Recovering Damages through a Successful Biking Accident Claim
A person found responsible for causing an otherwise avoidable bike crash through negligence may be held financially liable for all the economic and non-economic damages someone else suffers as a result. Importantly, this can include not just short-term losses with values that are already apparent, but also long-term losses that a bicyclist can reasonably expect to experience in the future as a direct result of their injuries.
That being said, compensable losses in a bicycle accident claim often include but are not limited to:
- Emergency medical bills
- Costs of future medical care, including rehabilitative therapy and prescription pain medications
- Bicycle repair/replacement expenses
- Lost income, including diminished earning capacity
- Physical pain and suffering
- Emotional trauma
- Permanent disfigurement in cases of catastrophic injury
- Lost enjoyment of life
A lawyer in Kyle could explain what damages may be available in a particular bike wreck claim during an initial consultation.
Talk to a Kyle Bicycle Accident Attorney about Your Recovery Options
Although bicyclists have the same rights as anyone else traveling on public roads, the unfortunate reality is that many drivers do not treat bicycle riders with the respect they deserve. Fortunately, any bicycle rider who gets hurt because of a driver’s misconduct could have grounds to demand substantial financial restitution for every form of harm they experience as a result of their injuries.
A seasoned Kyle bicycle accident lawyer could review your case with you and offer irreplaceable guidance about next steps during a confidential meeting. Schedule yours by calling today.