McAllen Bicycle Accident Attorneys

McAllen Cycling Accident Lawyer

A bike accident could leave you looking at serious expenses and a long road to recovery. A skilled bicycle accident attorney can fight for your rights and help you get the compensation you deserve. Below, we discuss some of the most common causes of bike accidents in Texas, the injuries most commonly suffered, and your legal options. We also explore Texas bicycling laws and discuss when you should speak to an attorney.

Common Causes of Bicycle Accidents

Accidents involving bicycles can occur for a variety of different reasons. A few of the most common causes of bicycle accidents include: 

• Preoccupied drivers: Driving while looking at your phone or otherwise distracted means it can be very easy not to see a cyclist. 
• Speeding: Excessive speed can limit a driver’s reaction time. This makes it tougher for them to avoid running into a cyclist.
• Drunk Drivers: Intoxicated drivers have slower reaction times and poor decision-making. This makes them a danger to everyone else on the road. Bicyclists are especially vulnerable to collisions with drunk drivers because of their small size and lesser visibility. 
• Failure to Yield to a Cyclist: Drivers who fail to stop or yield the right of way to cyclists at intersections and crosswalks can strike or injure them.
• Failure to See a Cyclist: Drivers may simply not see a cyclist, especially in locations with heavy traffic or many cyclists.

Common Injuries in a Bicycle Accident

Bicycle accidents can result in a wide range of injuries, some of which can be life-altering. These include: 

• Head Injuries: Concussions, traumatic brain injuries (TBIs), and skull fractures can impact your coordination and cognition. This can lead to lifelong disability and affect your ability to work.
• Spinal Injuries: Damage to the spinal cord can result in paralysis or chronic back pain.
• Fractures and Broken Bones: These types of injuries are common in arms, legs, and ribs after a bike accident.
• Dental Injuries: Broken or knocked-out teeth are also common after a bike accident, even if you’re wearing a helmet.
• Lacerations and Abrasions: You may suffer from cuts and road rash from contact with the pavement.
• Internal Injuries: Serious bike accidents can damage internal organs, which may not be immediately apparent. This is why you should always seek medical attention after an accident, even if you feel fine at first. 
• Fatal Injuries: Severe cycling accidents can lead to permanent disability or even fatality.

Types of Compensation for Bicycle Accident Victims

After a bike accident, you can receive compensation for your losses. The type and amount of damages you receive will depend on the circumstances of your case, but can include: 

• Current and Future Medical and Dental Expenses: You may be able to recover costs associated with inpatient or outpatient care, medical equipment and hospital visits. This can include surgery, medication, ongoing physical therapies, and drugs. 
• Lost Wages: This provides payment for lost income during any period of time your injuries leave you unable to work.
• Loss of Earning Capacity: Similar to lost wages, damages for loss of earning capacity take into account the permanent or long-term impact the accident has had on your ability to earn a living.
• Pain and Suffering: This provides compensation for the physical pain and emotional distress you’ve suffered.
• Wrongful Death: If a bike accident causes severe enough injuries to result in death, the bicyclist’s surviving loved ones may be able to recover wrongful death damages. 

Texas Biking Laws

It’s important to read up on Texas biking laws so you’ll know your rights as a rider. 

• Cyclists have the same rights and duties as motorists.
• When using a bicycle at night, you should wear a white light in front and red lights or reflectors at the back. 
• Every cyclist riding on a roadway shall ride as close as they can to the right-hand curb or edge of the roadway.
• Persons riding bicycles on a roadway shall not ride more than two abreast except on pathways or parts of roadways set aside for the exclusive use of bicycles.
• Motorists must maintain a safe distance when passing cyclists.

When to Talk to a Bicycle Accident Lawyer

You should contact a lawyer immediately if you’ve been riding a bicycle and have suffered a collision. In Texas, you have two years following the date of the accident to file a personal injury lawsuit. If you wait too long, you may lose evidence or your claim will fall outside the statute of limitations.

A knowledgeable Rio Grande Valley bicycle accident lawyer can:

• Evaluate your case and determine who’s liable
• Gather and preserve evidence
• Negotiate with insurance companies on your behalf
• Represent you in court if necessary

Bike accidents can have serious, long-lasting consequences. You shouldn’t have to find out after the fact that you’re owed compensation. 

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?

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?<

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?

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