By: Ricardo A Gracia
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.
McAllen Bike 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
- Make sure that the accident gets properly reported. This means reported to either the police department or the local sheriff’s office.
- If you’re hurt, go to the hospital immediately. It’s also important that you follow up with your family doctor to look for injuries that were left untreated at the hospital that need to be treated immediately.
- Hire an attorney experienced in this type of accident, so they can make sure that everything is done in a timely manner.
- An investigation of surveillance videos, and the area where the accident happened.
- 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.
- Potentially hire an expert for additional investigation and studies.
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 the future.
- Another mistake is forgetting to document witness information, which is needed for an attorneys investigation.
- Not seeking attorney advice
- Hiring an attorney that does not specialize in these types of cases
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:
- Is the lawyer a personal injury lawyer? Do they handle anything other than personal injury cases? They shouldn’t. For example we do not handle divorces, bankruptcies, or criminal cases; we devote ourselves to personal injury only.
- Are they a trial lawyer. That means that they will go to court, appear in front of judge and jury, while fighting on your behalf.
- Any lawyer can represent a client. You want to ensure you have a personal injury lawyer who can win your case! Look at their previous case wins.
- Is the lawyer board-certified? In other words, have they been recognized by the state of Texas. Having this certification means your attorney is in the top 3% of lawyers in this area of law. Attorney Ricardo A. Garcia is a board certified personal injury attorney.
How is a bicycle accident claim different than a car accident claim?
The amount of injuries that somebody suffers could be greater because they’re not going to have the typical protection of a car. The jury will often put the responsibility on the bicycle rider. An experienced lawyer can make the case on your behalf ensuring your rights are protected and the jury understands where responsibility and liability lies.
Will my insurance cover my bicycle accident injuries?
All insurance policies are different. Most of the time bicycle accidents are covered by insurance policies, especially if you have what’s known as PIP – personal injury protection – under your insurance policy.
Should I speak with insurance companies after a bicycle accident?
Our answer is no. Don’t talk to insurance companies. They’re not on your side. They are there to protect themselves and their insured client. Your statements will be recorded and used against you if you make a mistake. You need to find an attorney that speaks with the insurance company.
How long will my bicycle accident case take?
The factors that are going to be looked at are 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, we’re going to look at how and why the accident happened. Did the accident happen during the day? Did it happen during the night? There are several factors such as lighting and reflective gear.
From the driver’s perspective, we will investigate if they were texting while driving or talking on the phone. Were they distracted by somebody in the car? Were they distracted by a dog that was in the car? These are examples of factors that help us determine the value of the bicycle case.
We will also 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?
The last factor is the amount of insurance carried by the liable party.
Our Mcallen Law Office Location
Mcallen Office
Address:
820 South Main St., McAllen, Texas 78501
Phone:
(956) 630-2882
Fax:
(956) 630-2882