Bicycle Accident Attorney in Houston
Table of Content
Reach Out To A Houston Bicycle Accident Injury Lawyer
If you got injured in a bicycle accident, you should reach out to a Houston bicycle accident lawyer at Take That To Trial for legal assistance and counsel. Our lawyers possess in-depth knowledge in handling bicycle accident compensation claims, as well as a proven track record of fighting to get the maximum possible compensation for our clients.
Anytime a bicycle is involved in a crash, the consequences can be devastating for the cyclist who cannot rely on the protective components of a vehicle. Besides this, the difference in size also implies that cyclists involved in a collision with a motor vehicle are more susceptible to severe injuries.
Over the past few decades, the use of bicycles as a means of transportation has grown significantly. Based on statistics by the National Highway Traffic Safety Administration (NHTSA), between the years 2000 and 2012, there was a 64 percent increase in the number of people using a bicycle to commute to work.
While bicycling offers users many advantages, it is not without its drawbacks and cyclists are always at a higher risk of accident-related injuries.
Statistics of Bicycle Accidents
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According to statistics from the U.S. Centers for Disease Control and Prevention (CDC), more than 900 cyclists were killed and there were an estimated 494,000 emergency department visits because of bicycle-related injuries in 2013.
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From 2010 to 2013, there was a 16% rise in the number of cyclists killed in motor vehicle collisions.
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According to statistics from the NHTSA, bicycle crashes are more likely to happen in urban areas, between the hours of 6 pm and 9 pm.
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Most cyclists who were killed in 2014 were males between the ages of 20 to 24.
The most common types of bicycle accidents that involve motor vehicles are listed as follows:
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Rear end
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Side-impact or T-Bone
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Cyclist side/car front
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Head-on
Bicycle Accidents In Texas
When it comes to bicycling, Texas is one of the most dangerous states in the United States
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According to federal data from 2013, the highest number of cyclist fatalities was recorded in California, Florida, and Texas.
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Based on a TDSHS study of motor vehicle crashes involving cyclists from 2012 to 2013 found that 70 percent of cyclists experienced an injury or death.
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In 2015, there were 51 cyclists killed in Texas, which is a 2 percent increase from 2014.
There are many reasons behind these figures. Currently, the infrastructure in Texas is not designed to accommodate the optimal use of bicycles and no state-wide safe passage law exists in Texas. Besides this, there are no laws that enforce the use of helmets, which can significantly minimize the risk of severe injuries when there is a crash.
What is a Houston Bicycle Accident Case Worth?
It should be stressed that no two accidents are 100% the same. There are different factors that can vary - and influence - damages and compensation from one case to another. For this reason, putting a strict dollar figure on bicycle accidents is almost impossible.
A very good way to evaluate the validity of a compensation claim is to schedule a free consultation with a competent Houston bicycle attorney. Moreover, it should be stressed that evaluating non-economic damages such as pain, mental anguish, and suffering can be very difficult. Yet, they often tend to represent the largest part of an accident claim.
The fact that no financial value can be placed on these damages makes them require a persuasive argument. This typically depends on different factors, such as the types of treatment received, your injuries, and permanent disabilities or disfigurement.
If you wish to enjoy a free consultation on your bicycle accident claim, then you can contact us at Take That To Trial. We will work with you to help you understand the actual worth of your Houston bicycle accident claim.
What Kind of Damages Are Available To Victims of Bicycle Accidents in Houston?
If you are involved in a crash that was caused by another negligent party, you can pursue compensation for your losses. In general, damages are divided into two categories: economic and non-economic damages.
Economic losses are damages that can be quantified by dollar figures or a clear value related to them. Examples of these damages are:
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Medical bills, such as the medical expenses you will face in the future
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Lost earnings as a result of the inability to work due to result of injury, medical treatments, and temporary disability.
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Loss of future earnings due to disabilities as a result of the accident.
It should be stressed that non-economic losses are much harder to quantify financially. After all, they are often personal and very subjective in nature. As mentioned above, no two accidents can be exactly the same, and these losses are significant contributors to the uniqueness of each bicycle accident claim. Some of these include the following:
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Pain and suffering
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Loss of enjoyment of life
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Emotional distress
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Mental anguish
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Psychological harm
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Disfigurement
The calculation of these items is even more difficult when you consider certain variables such as the impact of injuries, future medical treatments, and disabilities on future earnings.
When you contact our attorneys at Take That To Trial, we will assist you in estimating the true value of the damages in your compensation claim. This ensures that you get every cent you are entitled to.
As stressed earlier, it is worth noting that non-economic losses may account for a large portion or even most of the value of your case. Be that as it may, they require a persuasive argument, which depends on the type and seriousness of your injuries, as well as the manners through which your life has been affected and whether you have been left impaired or disfigured.
The Common Causes of Bicycle Accidents in Houston
You may be wondering why you need to acquaint yourself with the exact causes of bicycle accidents in Houston. Since you wish to hold guilty drivers accountable by filing a compensation claim with their insurance company, you must be able to prove their negligence in causing the collision. Even though it is easy to blame the driver in collisions, other parties involved in the crash may be liable. To file a successful claim against a driver at fault, you must be able to know how the guilty party caused the accident, and you can only figure this out by knowing the various causes of bicycle accidents.
Some of the most common causes of bicycle accidents are explained as follows:
Distracted Driving
One of the most common causes of motor vehicle accidents is distracted driving, including those that involve bicycles. Anytime drivers are distracted by their phones, rather than paying attention to their environment, the possibility of causing dangerous collisions increases significantly.
Some drivers may even respond to texts, make calls, or read while driving. These poor driving practices will only reduce the focus of drivers when they are behind the wheel.
Traveling Too Close to Cyclists
When a vehicle is driven behind a moving bicycle, there should always be an adequate buffer, which should never be less than three feet. What if the cyclist were to stop suddenly due to a deflated tire or any other reasons? The sheer weight of an onrushing vehicle on a bicycle is a recipe for disaster. After all, moving too close to a bicyclist will leave room for fewer options to avoid collisions.
Speeding
When moving too fast, a driver will only raise their stopping time while also significantly reducing the amount of response time they have to make quick decisions on the road. It can't be argued that high-speed accidents result in severe injuries given the momentum of a heavy vehicle. Yet, collisions that occur at low speeds are also very dangerous for cyclists.
Weaving Through Traffic
Weaving through traffic is not a strange driving practice among drivers. As they do so, there are more unlikely to see any cyclists who are on the same road as them. Moreover, the possibility of making evasive maneuvers is less. As drivers weave through traffic, they may drift onto bike lanes, which can lead to collisions.
Unsafe Lane Changes
Drivers do not necessarily need to weave before they can make an unsafe lane change, which can also be extremely dangerous. You will find lots of bicycle accidents that involve unsafe lane changes. Typically, this can be caused by drivers moving into the lanes of cyclists without having a proper look to make sure that the lane is clear.
Turning without Looking
Many intersections will have a green light that drivers should follow to turn. They are also obligated to look out for pedestrians and cyclists. You will find many impatient drivers who turn without checking for bicyclists and this is a common cause of bicycle collisions, especially at intersections.
Running a Red Light or Stop Sign
Another common cause of intersection accidents is running a red light and a stop sign. This is particularly prevalent in suburban areas and many city centers. It should be stressed that running a traffic sign is extremely dangerous and can even make up the perfect storm that a serious bicycle accident needs to happen.
Inclement Weather
Sometimes, the cause of a bicycle collision may not be human error. When the weather is inclement, visibility may become very poor. This can also contribute to bicycle accidents.
Impaired Driving
When individuals become inebriated, their decisions and judgment become compromised. This is even worse if such a person is found behind the wheel. This is why it is a criminal offense for a drunk driver to be found driving a vehicle on the road. Impaired decision-making abilities will only make it harder to make smart decisions while also reducing a driver's reaction.
Other common causes of bicycle accidents in Houston include
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Failure to yield by driver or cyclist
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A car door opened in the pathway of the cyclist
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Blind spots
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Bad roads
Our attorneys at Take That To Trial will carry out an independent investigation into your crash to figure out how it happened. Then, we can build a case to pursue your compensation claim by establishing negligence.
How to Prove Negligence in a Bicycle Accident in Houston
Just like every other accident, collisions that involve bicycles often require rigorous and thorough investigations, which can help in figuring out how and why these accidents happened and who is liable.
When you work with our competent attorneys at Take That To Trial, we will carry out an independent investigation that will identify and assess relevant evidence like:
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Drug and alcohol screenings taken at the scene of the accident
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Helmet cam, dashcam, and traffic cam footage
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Police reports
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Witness statements
Getting photos and videos of the scene of the crash - which include skid marks, damage to vehicles, and road conditions - can be very important.
To establish liability, these photos and videos would be helpful. Having the right evidence will also help determine how the crash happened, as well as other relevant factors. At Take That To Trial, if required, we work hand-in-hand with experts like accident reconstructionists to help provide expert testimony that can establish negligence.
What Is The Texas Statute Of Limitations
The statute of limitations for bicycle accidents and other personal injury cases in the state of Texas is two years, which typically begins from the date of the collision. If the deadline expires and you are unable to file a claim, then your right to file a lawsuit to seek financial compensation will be lost.
Many exceptions apply to this rule in Texas since certain situations might cause this period to be extended. Be that as it may, taking action as soon as possible can be essential. If not, you may lose valuable evidence that helps establish causation, liability, and damages.
If you wish to know more, ensure that you reach out to our competent Houston bicycle accident lawyers at Take That To Trial to help you get your case started while working tirelessly to preserve the strength of your compensation claim.
Determining Liability in a Bicycle Accident
The rules of the road are often used to determine who is at fault after a collision that involves a bicycle and a car.
The Cyclist
If the cyclist fails to stop at a red light or other traffic signs, then they are at fault. Other bad practices that can render cyclists guilty after a bicycle accident are:
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Riding between lanes to skip around traffic
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Riding on the sidewalk before unexpectedly crossing a road
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Merging into traffic
The Car
If the car driver violates common traffic laws, then they are usually at fault. Some common violations include:
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Talking on a cell phone
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Talking to passengers inside the vehicle
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Trying to change playlists
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Failure to give a proper buffer
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Ignoring safety rules that relate to sharing the road.
Furthermore, if the accident is caused by the cyclist being forced to swerve unexpectedly because of a bad road, the locality may become liable due to their ignorance for not maintaining the road. However, this may be difficult to prove.
If you wish to pursue compensation claims for your damages after a bicycle accident, then it is imperative you prove that someone else is liable. However, doing so alone can be risky. After all, insurance companies can easily put obstacles in your way as they try to undervalue your compensation claim. For this reason, having our top attorneys at Take That To Trial represent you will boost your chances of getting the compensation you are entitled to.
What a Cyclist Should Never Forget When Dealing With an Insurance Company
Anytime the driver is at fault in a bicycle collision you were involved in. It is important that you get the information of their insurance company. This is because you are most likely to have to discuss the damages with their insurer.
In this case, doing it alone can be too much for you to handle alone. As a result, hiring a competent lawyer is your best bet. After all, the insurance company will have their lawyers represent them. The negotiating skills of your attorney, as well as their in-depth knowledge of personal injury cases, will help you significantly.
Moreover, the priority of injured victims of bicycle injury is to seek medical attention. You cannot do this and handle compensation negotiation all by yourself at the same time. You need an attorney to handle this for you.
Never accept the first offer from the insurance company. Always remember that this represents the lowest value they can offer you, which means that they can do better. If an agreement proves impossible to reach, then you can sue them in court.
Yet, it is essential that you document everything that happened after the crash. Wait for the police report and learn more about what any witnesses might have said or seen at the time.
Are you involved in a bicycle accident? If so, you should get the best legal assistance you need to pursue your compensation. We want you to get the right amount you are entitled to. We will guide you and provide you with updates every step of the way. Contact us at Take That To Trial to learn more.
What to do After a Motorcycle Accident
No one can argue that motorcycle accidents can be very serious, especially for cyclists. If you are involved in one, knowing what to do can significantly encourage your safety while also boosting your chances of claiming the compensation you deserve. What are the right steps you need to take after a motorcycle collision? Keep reading to learn more!
Call 911: Immediately after the accident, ensure that you check yourself for any serious injuries. Then, call 911. This will alert the ambulance service and the police. A responding officer will gather your statement and those of other parties involved in the collision and witnesses. A police report will be created by the responding officer. Ensure you obtain a copy of this report. We can secure this for you, and you can contact the law enforcement agency that prepared the report. This includes the Houston Police Department.
Document evidence: If you can, take relevant photos of the scene. You can also make videos that can help the police in their investigation. This evidence can also include your bodily injuries and damages done to the bicycle or vehicle. This can significantly help in pursuing a compensation claim.
Seek medical assistance: You need to evaluate any possible injuries on your body before they worsen. Remember that your health comes first. Knowing the extent of your injuries is another essential piece of evidence that can help of chance of claiming your bicycle accident compensation.
Hire a competent attorney: Representing yourself will most likely not give you the desired result you seek: getting the compensation you are entitled to. A competent attorney will argue with the insurance company on your behalf, make investigations to gather more evidence, and gather and arrange the necessary paperwork.
At Take That To Trial, you can rely on our experience and wealth of resources to help you fight for your compensation claim.
Schedule a Free Bicycle Accident Consultation at Take That To Trial
At Take That To Trial, we have a talented team of Houston bicycle accident lawyers with more than two decades of experience. With this in mind, it is worth noting that our lawyers have handled different cases. It is important that you understand your various legal options while knowing what you are entitled to. We will explain this to you in detail.
It is worth stressing that we only receive a contingency fee. This implies that we only receive payment from you once we have won or settled the case. We also receive a fair percentage of the monetary amount we have won.
Every case is unique, regardless of its severity. As a result, we are always available and responsive to your questions. You can reach us at all times. We also provide constant updates on the case as you entrust us with the responsibility to pursue a bicycle accident compensation claim on your behalf.
For more information about your legal rights, as well as the financial compensation you may deserve to recover from injuries suffered in a bicycle accident in Houston involving a motor vehicle, you can reach out to us via:
1401 Cleburne St, Houston, Texas 77004
Email: info@takethattotrial.com
Ph: (832) 770-6100
Fax: (832) 426-5798
We are the best at what we do and we can't wait to hear from you!