Although many places around Texas have become more bicycle-friendly in recent years, even the most careful and attentive riders can get hurt. If a motor vehicle driver does not give a bicyclist the space they are entitled to, a serious accident could result. Hundreds of preventable collisions between cars and bicycles happen every year, many of which result in life-altering or fatal injuries.
If you were injured while biking because a careless driver struck you with their vehicle, a New Braunfels bicycle accident lawyer could help you review your legal options. A skilled personal injury attorney could hold the responsible party accountable for your short-term and permanent losses following a bike wreck.
Liability in Bike Crash Cases
Like other personal injury claims, bicycle accident cases in Texas are usually built around the legal theory of negligence. To hold someone financially liable for causing injuries in a preventable accident, an injured biker must prove the following:
- The defendant owed an implicit or explicit duty to the biker to act reasonably under specific circumstances
- The defendant breached a duty of care by acting recklessly, carelessly, or maliciously
- The defendant’s irresponsible actions were the direct cause of a collision that resulted in injury
- The losses a cyclist is seeking compensation for stemmed from their accident-related injuries
Although negligent drivers are usually responsible for collisions with bikes, it is also possible for a bicyclist to be found partly at fault under the legal concept of contributory negligence.
What is Contributory Negligence?
Although every driver owes the same duty of care to other occupants on the road, this does not mean that they are automatically legally responsible for every accident with a bicycle. Under contributory negligence principles, state law allows courts to assign injured plaintiffs percentages of fault based on their own negligence. For example, if an injured claimant acted in a way that contributed to a collision and their subsequent injuries, a court may reduce the value of a plaintiff’s award by that same percentage.
In Texas, a bicyclist’s failure to wear a helmet could serve as evidence of contributory negligence. For instance, if a person suffered a head injury in a wreck that was caused by another person but was not wearing a helmet, they may be unable to receive maximum compensation for their losses. A skilled attorney in New Braunfels could prove that another party caused a bike collision and help an injured person avoid a diminished settlement.
What Damages Can Be Recovered After a Bike Wreck?
An injured bicyclist who can prove that someone else was responsible for their injuries can demand compensation for economic and non-economic damages. A comprehensive claim can account for past and future losses related to an accident including:
- Emergency medical expenses
- Costs of future rehabilitative care, as well as prescription pain medications
- Bicycle repair and replacement costs
- Physical pain and suffering
- Lost working ability and short-term income
- Lost consortium
- Lost enjoyment of life
A skilled bicycle crash lawyer in New Braunfels could evaluate a claimant’s losses and injury-related expenses to pursue financial compensation on their behalf.
Speak with a New Braunfels Bicycle Accident Attorney
A serious bike wreck can change your life in a matter of moments. Even if you heal completely from your injuries quickly, your short-term damages could still affect your daily routine.
A knowledgeable New Braunfels bicycle accident lawyer could pursue the compensation you need and deserve. Call today for a consultation.