Serving Residents Throughout Hidalgo County and all of Texas.
If you have been seriously injured while riding a bike, the experienced McAllen bicycle accident attorneys at the Law Firm of Ricardo A. Garcia will fight the insurance companies to earn you the maximum compensation available by law.

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McAllen Bicycle Accident Lawyer

Riding your bicycle is a very economic activity. A good bicycle is more affordable than a car, you don’t have to pay for gas and parking is free. However, sometimes on a bicycle things can go wrong. It is hard to share the road with cars and one small error can cause a serious accident. If you are reading this page, you have probably been badly injured in a bicycle accident. We want to express our sympathy for you. We can help you get the compensation you deserve for any injuries you’ve incurred from a bicycle accident. After you read about your bicycle accident case, please do not hesitate to call our office to set up your free consultation. Get Our FREE Bicycle Accident Guide

What are the Bicycle Accident Statute of Limitations in Texas?

If you are unfamiliar with the term ‘statute of limitations’ it means the amount of time given to bring your claim or settle it in civil court. If you miss your statute of limitations, you will not be permitted to seek compensation from the liable party’s insurance company. In Texas, you are given two years from the date of your accident to be within the statute of limitations. Two years may seem like a long time and you may be tempted to put off calling an attorney. We warn you not to do this as waiting could damage your case. Evidence that has been collected from the scene needs to be protected and your witnesses should be interviewed. Act quickly after your accident to ensure that you are on the right track to getting everything done on time.

How Does Shared Fault Compensation Works?

In Texas, there are modified comparative fault laws that have to do with how much compensation you can get after your role in the accident has been factored in. Generally speaking, compensation is made up of medical bills both past and future, lost wages both past and future, and pain and suffering. If your injuries are bad, then you tend to have more compensation. However, if you played a role in causing the accident, you might have a reduced award. If the accident was mostly your fault, you will not be allowed to collect compensation. For example, if you are more than 50 percent at fault, you get nothing. If you are 50 percent or less at fault, then you get a reduced award. A $10,000 award would turn into a $7,000 award if you were 30 percent at fault. We do our best to keep you from getting a reduced award. In fact, our goal is always to get a full and fair compensation award for you.

What are the Most Common Types of Bicycle Accident Injuries?

Bicycle accidents are extremely scary because your body takes the whole impact of the vehicle. Because of the nature of bicycle accidents, it is not at all uncommon for people to suffer very bad head injuries, broken bones, fractures, strains, scarring, and disfigurement. There are more serious injuries such as nerve damage, concussion, spinal cord injury, and paralysis. We will stress how very important it is that you seek medical attention as soon as you can to get treatment for your injuries. It is the most important thing you can do for yourself after your accident.

Should I Talk to the Liable Party’s Insurance Company?

It is important to not talk to the liable party’s insurance company on your own. They will reach out to you shortly after your accident looking for a recorded statement. It is not uncommon for them to call you while you’re still in the hospital where you may have been given pain medications that could impair your reasoning skills. They know this. Their goal is to protect their bottom line. They do not want to lose money on your case and when you agree to give them a recorded statement, they will use anything they can against you. It is important that you not take that call. You are in no way legally obligated to talk to them. There is no need to do so and if you are talked into it, you could ruin your chance at full and fair compensation. All they need is for you to say one wrong thing and they have ammunition against you. It is important to let your attorney deal with the insurance company for these reasons.

Frequently Asked Bicycle Accident Questions

What should I do after being injured in a bicycle accident?

There are several things that must be done after a bicycle accident to make sure you have a solid claim. The first thing is you need to make sure that the accident gets properly reported. This means reported to either the police department or the local sheriff’s office. Another thing that’s important to do is to make sure that you seek immediate medical attention. If you’re hurt, go to the hospital immediately. It’s also important that you follow up with your family doctor or some other doctor of your choice because you may have injuries that were left untreated at the hospital that need to be treated immediately. It’s also important to hire a lawyer who is experienced in this type of accident, so they can make sure that everything is done in a timely manner. There may need to be additional investigation to go get surveillance videos of the area. There may need to be an examination of the area where the accident happened. They may need to examine the bicycle to see if it had any reflector lights on it or if it had any problems, and so it needs to be preserved. There may also need to be an expert that gets hired to do additional investigation and studies. All of this is important. If you have any questions, we are here to help you.

What mistakes should I avoid after a bicycle accident?

What mistakes should I avoid after a bicycle accident?
Some of the common mistakes that we see people make after being involved in a bicycle accident is that they don’t call 911 to report it. This is very important in order to have that documentation on record and to preserve evidence for later in the future. Another mistake that we typically see is that they don’t get any witness information, if there are any, which is needed for your case in order to better advocate for you. Another mistake that we commonly see is that they don’t seek attorney advice and don’t hire attorneys who specialize in personal injury.

How do I pick the best attorney for my bicycle accident claim?

There are four things you should consider in making a decision as far as who the best lawyer is that you can hire. You should ask every lawyer the following questions: 

  1. Is the lawyer a personal injury lawyer? Do they handle anything other than personal injury cases? They shouldn’t. We here do not handle divorces, bankruptcies, or criminal cases; we devote ourselves to personal injury.
  2. Are they a trial lawyer. That means that they goe to court, appear in front of a judge, go in front of a jury, and fight the defense. That’s when an insurance company won’t be fair with you. 
  3. Have they had successes in handling these cases? Whether or not they have won these cases and have obtained good verdicts for their clients is an important question to ask. Any lawyer can represent a client. You want to ensure you have a personal injury lawyer who can win your case!
  4. Is the lawyer board-certified? In other words, they have been recognized by the state of Texas. Having certification means you are in the top three percent of lawyers in this area of law. 

How is a bicycle accident claim different than a car accident claim?

First of all, the amount of injuries that somebody suffers could be significantly greater because they’re not going to have the typical protection of being in a car. They’re also different in the sense that the juries typically are going to put responsibility on the bicycle rider, so it’s important to have an experienced lawyer to make sure that your rights are protected and the jury can see the full picture if the case goes to trial.

Will my insurance cover my bicycle accident injuries?<

Will my insurance cover my bicycle accident injuries
The answer is, it depends. All insurance policies are different. Most of the time, though, we do see that bicycle accidents are covered by insurance policies, especially if you have what’s known as PIP – personal injury protection – under your insurance policy. It’s always beneficial that you purchase that if you don’t have it. We always recommend it. It’s also important that you reach out to an attorney right away, especially someone who is specialized in personal injuries. If you have any other questions or concerns, please feel free to contact us.

Should I speak with insurance companies after a bicycle accident?

Our answer to you is no. Don’t talk to insurance companies. They’re not there for your aid or benefit. They are there to protect whoever their insured is. Because of that, any statement that you do make, they will record it and use it against you later on. Our suggestion to you is that you contact an attorney right away who specializes in personal injury claims, and you tell insurance companies to contact your attorney directly.

How long will my bicycle accident case take?

A bicycle accident claim in the state of Texas is dependent on how badly the person was hurt. If the person was hurt moderately, it could take about a year and a half to resolve the case. If the person was hurt severely, it will probably take longer. The factors that are going to be looked at are going to be the injury, how quickly you heal, and whether or not the insurance company will be fair with you. If the insurance company isn’t fair with you, then we have to file suit. In filing suit, we have to worry about the court’s docket, and then we have to worry about the date the court gives us.

How much is my bicycle accident claim worth?

How much is my bicycle accident claim worth
When it comes to bicycle accident claim value, the things we’re going to look at is how and why the accident happened. Did the accident happen during the day? Did it happen during the night? There are several more things we’re going to look at. For example, if you’re on a bike, did you have your reflector lights on? Did you have some sort of light on? Did you have reflective gear on, such as clothes that somebody’s going to be able to easily see? From the driver’s perspective, what we’re going to look at is if they were texting and driving. Were they talking on their phone? Were they distracted by somebody in the car? Were they distracted by a dog that was in the car? All of these are factors that we need to look at to determine the value of the bicycle case. Lastly, we’re going to need to look at what type of vehicle hit the bicycle. Was it an 18-wheeler? Was it a car? Was it a bus or garbage truck? There are various things we’re going to look at, and all of those affect the value of the case because there are different regulations that are going to apply to each one of them. The last thing is the amount of insurance that’s involved, and all of this depends on the type of vehicle that hit the bicycle.

Please Call Our McAllen bicycle accident attorneys for Free Consultation

If you have been seriously injured in a bicycle accident, please do not hesitate to call our office to set up a free consultation with our dedicated, experienced, and supportive McAllen bicycle accident attorneys. We will be here for you every step of the way and fight the liable party’s insurance company to get you the fullest and fairest amount of compensation possible. Like Us on Facebook Subscribe to Our YouTube Channel Get Our FREE Bicycle Accident Guide

Our Mcallen Law Office Location

Mcallen Office

Address:

820 South Main St., McAllen, Texas 78501

Phone:
(956) 630-2882

Fax:
(956) 630-2882

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    Testimonials





    "Want real justice they are the ones to go. Professionalism excellence!! They really do exceed!"
    Yvonne Rodriguez




    "Awesome people to work with very prompt in return calls and getting stuff done💪💪"
    Jeffrey Pate




    "The place is beautiful and everyone is very nice! Two thumbs up!"
    Laura Perez

    Frequently Asked Questions

    When you hire a personal injury lawyer to help you get money for an injury, you’re getting someone who fights for you, deals with paperwork, and talks to insurance companies.

    Just know that insurance companies try to pay as little as possible for your injuries. Hiring a lawyer helps make sure you get the money you deserve.

    Usually, we start by trying to agree on a payment without going to court. It’s better because it’s cheaper, less stressful, and faster. Even if we do go to court, we might still settle there.

    People often ask, “How much money will I get?” It depends on a few things:

    1. We add up your bills and lost wages (that’s called economic damages).
    2. Then we increase that number depending on how bad your case is (if someone really messed up).
    3. We also think about the most money the insurance will give (like $30k/$60k in Texas).

    Since this is a common question, we’re sharing this info to help you understand better how we figure out how much you’ll get.

    After you’ve been injured in an accident, it’s crucial to seek out a Texas personal injury lawyer immediately. This is vital to safeguarding important evidence for your case.

    Understanding the statute of limitations is also essential. If you delay filing a lawsuit for personal injury, your case could be dismissed due to these time limits. Typically, you must file a claim within two years of the accident or injury, though there are exceptions.

    The statute of limitations usually begins counting from the date of the accident. For instance, if you were injured in a car crash, the two-year countdown starts from that day.

    In most cases, you can’t pause or extend the time limit. Once it’s up, you can’t make a claim anymore.Sometimes, especially with accidents involving government entities, you have even less time to act or risk forfeiting your right to seek compensation for your injuries. To ensure you’re protected and can still pursue a claim, it’s crucial to consult a personal injury lawyer as soon as possible after your accident.

    Negligence refers to failing to exercise reasonable care in a situation where a prudent person would do so. It can occur by either doing something incorrectly or by failing to act when action is necessary. For instance, not providing assistance when required could be deemed as negligence.

    In legal terms, proving negligence typically involves demonstrating several key elements:

    • Duty: Showing that the person responsible for the action owed a duty of care to the injured party.
    • Breach: Establishing that the responsible person failed to meet that duty of care.
    • Causation: Demonstrating that the breach of duty directly resulted in harm to the injured party.
    • Harm: Providing evidence that the injured party suffered actual harm or damages.
    • Proximate Cause: Establishing that the actions of the responsible party were the primary cause of the harm suffered by the injured party.

    Most personal injury cases in McAllen are typically settled before reaching trial. About 90 to 95% of these cases are resolved through negotiation or settlement agreements. However, whether your case proceeds to trial depends on several factors

    • -Severity of injuries: If your injuries are severe, such as brain or spinal cord damage, insurance companies may be more inclined to settle to avoid potentially higher payouts at trial.
    • -Strength of evidence: If you have compelling evidence that supports your claim and makes it difficult for the other party to dispute, they may choose to settle rather than risk an unfavorable outcome at trial.
    •  -Negotiation skills: Having a skilled negotiator on your side can significantly impact whether your case goes to trial. A capable attorney can often negotiate favorable settlements without the need for litigation.

    While most cases settle out of court, having a proficient legal team like ours in the Texas Rio Grande Valley ensures you’re prepared for either scenario. We have a proven track record of successfully resolving personal injury claims through negotiation and, if necessary, litigation.

    If you’re considering legal action after an accident like a car crash or getting hit by a truck, it’s crucial to have a skilled negotiator on your side. Our team of attorneys in Texas Rio Grande Valley has a successful track record of resolving personal injury claims through negotiation and, if necessary, litigation.

    Here’s What Our Clients Say





    "Want real justice they are the ones to go. Professionalism excellence!! They really do exceed!"
    Yvonne Rodriguez




    "Awesome people to work with very prompt in return calls and getting stuff done💪💪"
    Jeffrey Pate




    "The place is beautiful and everyone is very nice! Two thumbs up!"
    Laura Perez
    McAllen Injury Lawyers