Bicycle Accident Attorney in Houston Texas
With Houston’s mild weather and city sprawl, we have many places where people ride bicycles. There are also many large communities in and around Houston where kids and adults alike ride bicycles. In the inner city and urban areas, people use bicycles for work and means of transportation outside of recreational use. In 2019, the Texas Department of Transportation recorded over 2,500 accidents resulting in over 870 injury accidents with over 60 fatalities. Harris County topped the list of local areas with the most bicycle accidents. A bicycle accident attorney like Attorney Javier Marcos can help you receive a compensation for your injuries. Along with he can also help with other losses like property damage.
Attorney Javier Marcos
Bicycle accidents can often lead to very serious injuries that can cause long term or permanent disabilities. Undoubtedly, it is important that you have an experienced accident attorney to represent you. Attorney Javier Marcos is a Houston accident attorney who can help you with your bicycle case. He has more than 20 years of accident experience. Above all, his office focuses on great customer service. He also knows that when someone is involved in a bicycle accident, life can change completely. We are ready to help you, dial 24 hours a day at 713-999-4444. In addition everyone in the office speaks Spanish not only but also we go wherever you are.
En español: Abogado de Accidentes de Bicicleta
Why hire a Houston bicycle accident lawyer?
Clearly bicycle accidents can result in serious injuries. These injuries can create problems for many years to come. A personal injury attorney will ensure that all aspects of your loss will be calculated into the compensation you receive. Insurance companies are too concerned with saving money and unquestionably will minimize the amount of money they pay out. It is in your best interest to have an experienced personal injury attorney represent you especially if the case goes to court. At this time your attorney will gather evidence And get witness statements and all other aspects of the case to make sure you have the best advantage when getting compensated for your loss.
Additionally, personal injury lawyers work on a contingency basis meaning that they don’t get paid unless they win your case. That is a win-win. We get our compensation if we get compensation for you. And we will make sure that your compensation covers all your loss today. And into the future in the event that your injuries have lasting effects.
Can a Cyclist Claim Against a Car?
Cyclists are more likely to sustain severe injuries in a road accident, especially in a collision with a car or other vehicle. In case a car hits you or your loved one leading to injuries, you have the right to recover damages by filing a claim against the car driver without a doubt. However, accidents usually involve different factors, which also determine whether or not the cyclist can sue a car for compensation.
Let’s have a look at the situations in which a cyclist can and can’t file a lawsuit.
When a Cyclist Can’t File the Claim …
Many assume that traffic rules don’t apply to cyclists since bicycles are not motor vehicles. The fact is that cyclists are legally obliged to follow all the same rules as car drivers. There are certain situations in which a cyclist can be blamed for an accident and not the car driver. Including:
- Taking a turn abruptly without signaling.
- When the cyclist does not yield.
- Along with riding on the wrong side of the traffic.
- Also not using the bike lane.
- In addition to neglecting to stop at the stop signs.
Therefore, if you were not following the road rules at the time of the accident, you can’t make a claim against the car.
When Can a Cyclist File a Claim against a Car?
A cyclist has the right to file a claim if the car driver was at fault. Car drivers are legally obliged to carry insurance. Which means an injured cyclist can recover damages. The law expects all drivers to follow the rules and regulations when driving. Moreover, the law also recognizes that cyclists are more vulnerable on the road in comparison to other drivers.
If the car driver was driving carelessly, distracted, or ignoring the road signs, that resulted in the collision and injuries, you can claim damages in court.
What to do after a bicycle accident
Nevertheless, a collision of a bicyclist with a car or a truck is indeed frightening. It may result in devastating consequences. While it can be a nerve-racking experience, the steps you take afterward can have a major impact on your case.
Here are some essential things to do after a bicycle accident:
The most important thing is your safety at this point. While this might seem like a logical thing to do, many people start panicking after an accident. As a result, they fail to realize that they need to get off the busy road and move somewhere safe immediately.
You should follow the same process that all drivers are supposed to follow in case of a collision. That means gathering the contact information of all the drivers involved in the accident. Be sure to get the details of any witnesses present at the scene. Note down the registration numbers of all vehicles involved.
If you are safe and haven’t sustained severe injuries, start noting down the details of the accident. What exactly happened, which vehicle hit you, when the accident happened, what the weather conditions were like, and any other relevant details about the traffic and the road. Taking note of these things will help the concerned authorities and your lawyer to create a case.
Even if it appears that you haven’t sustained any injuries, it is important to get yourself checked by a medical professional. It will also serve as proof that you were injured. The medical records will help in strengthening your claim. It is also important that you closely follow all the instructions and guidelines the medical professional gives you.
Gathering evidence will also help in solidifying your case. Try to capture pictures of the accident scene as closely as you can. Take pictures from different angles to get more details. Avoid getting your bicycle, helmet, or other equipment fixed until your lawyer says so. You should also take pictures of the damaged equipment.
In most cases, bicycle accidents lead to legal complexities. Therefore, it is essential to consult a bicycle accident lawyer to help you in filing for damages. Your lawyer will expertly create and file the claim to recover the highest possible compensation for the injuries and damages you sustained.
Your lawyer will also negotiate with the insurance company and the legal team of the negligent party on your behalf. Make sure that you don’t make any statement about the accident as it can be used against you by the other party and even your insurance company.
It is important to stay levelheaded after an accident to ensure you make the right decisions that will help your claim. Seek consultation from an experienced lawyer immediately so that they can guide you throughout the process.
What are Common Causes of Bicycle Accidents in Houston?
It should be noted, each year over 2,000 bicycle accidents occur in Texas alone. Of those, 34% of accidents that result in some sort of injuries. Nevertheless, not all bicycle accidents are caused by a collision with a car or truck. Even poorly maintained roads can contribute to accidents as well.
The cause of bicycle accidents include:
- Distracted drivers.
- Poor road conditions.
- Failure to give right of way.
- Inclement weather.
- Blind spots for drivers.
Common Types of Injuries in Bicycle Accidents
Bicycle accidents result in many types of injuries. Many times these injuries are severe due to the size of the vehicles compared to bicycles. Some common injuries include:
- Neck and Back Injuries.
- Broken Bones.
- Strained Muscles.
- Cuts and Bruises.
- Internal Organ Damage.
- Brain Injuries.
- Permanent Disfigurement.
- Disability that may be permanent.
What can I expect to get if I file a bicycle accident claim?
A good personal injury attorney will look at every aspect of your case to determine the amount of compensation that they go after. The claim will include medical expenses and immediate losses you sustained from the accident. Other situations include loss of income from not being able to go to work. As well as pain and suffering along with compensation for any short term, long term or permanent disability you have as a result of the accident. Moreover, in cases of negligence, we may seek additional compensation as a punitive measure.
Without a doubt, insurance companies have adjusters and attorneys that work hard to minimize the amount of money being paid. Additionally, there are many laws that help the business rather than the person that was hurt. An experienced personal injury lawyer knows the proper steps and process to get you the most compensation. Importantly, an attorney will advise you whether to settle for the compensation offered or the case may need to go to trial. Expectation-wise, every bicycle accident case is different. Clearly depending on the injuries sustained and the variables around the accident and why it occurred. Subsequently, its always best to seek the legal advice of a personal injury attorney when determining if you will be filing a claim. Our initial consultation is free and we work on a contingency basis.
Damages to a Bicycle Accident Claim
If the accident was caused due to the fault of the car driver, you could additionally claim for damages. The damages you recover will depend on the severity of the injuries and other factors.
Typically in such cases, cyclists can file a claim for their:
- Earning losses.
- Future wage loss.
- Medical expenses.
- Travel expenses.
- General damages.
Indeed the amount of the claim will also depend on different factors related to the accident. Moreover, it is best to hire a bicycle accident lawyer to help you understand the process and unique circumstances of your case. Your attorney will ensure that you recover the best possible compensation for both your injuries and property damages.
Bicycle Accident FAQ’s
Should I hire an attorney for a bicycle accident?
Yes, if you were seriously injured, it is a good idea to retain an attorney that is experienced in handling bicycle accident claims. A personal injury lawyer will ensure that you receive a compensation for your injuries and other factors such as lost wages and property damage.
How much does a bicycle accident lawyer charge?
Personal injury lawyers that represent victims of bicycle accidents work on a contingency basis which means there are no upfront costs. You give us no payment. The only way we get paid from a bicycle accident claim is if we win your case and you get a compensation.
How long do I have to file a bicycle accident claim?
Texas has a statute of limitations when it comes to filing a claim that you were injured in your bicycle accident. There are different time limits to different types of claims, so it is important that you retain an experienced accident attorney like Attorney Javier Marcos to represent you.
Should I go to the hospital after a bicycle accident?
It is always a good idea to get medically checked out after a bicycle accident. Seeking medical care will help if you sustained injuries, it will help your case legally when you hire a bicycle accident attorney to represent you in an injury claim to recover medical expenses you paid to get treatment.
I wasn’t wearing my helmet. Can I still get compensated for my injuries?
There is no Texas law requiring people to wear helmets while riding a bicycle. Houston requires that people under 18 wear a helmet when riding a bicycle. If you have been injured while riding a bicycle, you are eligible for a compensation for your injuries and any losses.