Riding a bicycle offers local residents an efficient and healthy way to avoid driving. State laws grant bicyclists the same rights and protections that all vehicles have on local roads, including the right to hold negligent parties accountable for injuries. However, physical injuries are not the only consequences of bicycle crashes. For instance, many riders experience emotional trauma and financial setbacks that affect every portion of their lives for months or years into the future.
Fortunately, a College Station bicycle accident lawyer could help resolve these setbacks. A dedicated injury attorney could explain the protections that you enjoy as a bicyclist, gather the evidence that speaks as to how a defendant failed to provide that protection, and craft demand packages that ask for appropriate payments.
THE IMPACT OF A BICYCLE CRASH
Civil claims for bicycle accidents tend to center around seeking compensation for physical injuries, and these injuries tend to be severe. Since bicyclists have little protection from the impact of a vehicle, even a minor tap can send a rider can send them flying from their bike. Other injuries associated with more severe bike wrecks include:
- Broken bones
- Separated joints
- Spinal cord damage
- Traumatic brain injuries
- Burns and road rash
- Wrongful death
A knowledgeable lawyer in College Station could help a bicycle accident plaintiff seek compensation for all these injuries.
Compensation for Financial and Emotional Setbacks
It is key to remember that bicycle accidents can lead to more than just physical injury. A rider may also experience emotional trauma after being hit by a negligent driver. Fortunately, when an accident causes a person to suffer PTSD, flashbacks, or nightmares, they can work with a
dedicated legal representative to incorporate these losses into a civil claim.
Finally, a comprehensive lawsuit can also consider the financial ramifications of a bike accident. If a crash forces a victim to miss time at work, a civil claim can demand payments for these lost wages. In the most extreme examples, a crash may result in a rider never being able to earn a living again. A compassionate attorney could help with seeking fair compensation after this unfortunate scenario.
PROVING NEGLIGENCE IN A BICYCLE ACCIDENT CASE
No matter how serious a bike rider’s injuries may be, they cannot collect any payments if they cannot prove that a defendant driver was at fault. Because most collisions between bicycles and cars are accidents, plaintiffs will usually need to prove that the driver was negligent.
Claims that center around negligence rely on the fact that drivers assume a responsibility to protect all others that they may encounter while behind the wheel. This duty extends to any cyclists on local roads. Drivers must yield to bike riders when required, refrain from tailgating, and properly signal all their turns. If the plaintiff can demonstrate that the other driver caused a crash through breaching this duty of care, they can likely collect financial compensation for their injuries.
Does Comparative Negligence Apply to Bicycle Accident Claims?
In exchange for the ability to ride on public streets, bike riders must also follow the same traffic laws that cars adhere to. When considering who was at fault for a collision, courts will use the concept called modified comparative negligence to assign blame. According to
Texas Civil Practice & Remedy Code §33.003, courts must reduce a victim’s award after trial by the percentage of blame that the victim carries for the accident.
If a court or defendant accuses a cyclist of partially contributing to their own accident and injuries, a College Station lawyer could help with combatting these allegations and keeping a bicycle wreck claim on track.
If you were cycling carefully and were hit by a negligent driver, you deserve someone to protect your legal rights and help you pursue compensation. You should not have to recover from your physical injuries, emotional trauma, and other setbacks without monetary damages.
To ask questions, explain your side of the story, and get started on your case process,
reach out to a College Station bicycle accident lawyer today. Our skilled attorneys could protect your integrity and offer the guidance you need to succeed.