A bicycle accident can cause devastating injuries and while compensation does not fix everything, it can help reduce the financial burden of medical costs or treatments, loss of earning capacity, as well as pain and suffering . If you have been in a bicycle accident and suffered, we at Patterson Law Group want to hear your story.
Bicycle Safety in Texas
According to the National Highway Traffic Safety Administration (NHTSA), cyclists accounted for 2% of all traffic deaths and 2% of all accident-related injuries in 2014. While it is the responsibility Of all people driving safely and sharing the road, cyclists in particular must take extra care to avoid serious injuries.
Texas law treats bicycles as vehicles when on the road; They share the same rights and responsibilities as cars and motorcycles, with some small exceptions. Texas does not currently have a universal helmet law; It is legal for all people to ride a bicycle without the use of a helmet. However, some cities such as Austin, Houston, and Ft. Worth have enacted mandatory helmet laws for children under 18 years of age.
Stay safe when riding a bike
Environmental conditions also affect the safety of cyclists on the road. For example, most bicycle deaths occur at night, in urban areas, and often outside the safety of a designated intersection or crosswalk. Be more alert in these high-risk conditions. Bicycle helmets have also been shown to be effective in preventing serious brain injuries and death. But despite our best efforts, Texas still averages 1.9 deaths per million residents each year.
How to plan your bike route
We analyzed every traffic accident over the last 6 years to find out which intersections are the most dangerous in Fort Worth. Using the data, we created a map to help visualize where the most accidents occurred. Click on the image to access the interactive map and filter accidents by year.
Common Cases and Injuries
The NHTSA reports that the majority of bicycle injuries are caused by motor vehicles, followed by poor roads, accidental falls or crashes, and occasionally interference from dogs. Common injuries among those who have suffered a bicycle accident include broken bones, brain injuries, and even death.
Each year, an average of 700 people die nationwide in accidents involving motorcycles and motor vehicles. Another 49,000 reported injuries are suffered by those who ride bicycles. However, these national statistics are likely understated; In some states, including Texas, bicycle accidents are often only reported in cases of death.
At Patterson Law Group, we are here when you need us. If you were involved in an accident while riding a bicycle, we want to hear your story.
Failure evaluation in a bicycle accident
While wearing a helmet is advisable, no helmet can completely protect cyclists from careless, drunk, or distracted drivers. Expert Texas bicycle accident attorneys take action on behalf of the victim or their family, informing them of their rights and assisting with various legal challenges.
In Texas, we follow a modified 51% comparative failure rule; This means that an injured cyclist cannot collect damages if he is more than 50 percent at fault for causing the accident. An injured bicyclist can collect damages if he is 50% or less at fault, but those damages would be reduced by the degree of fault. Failure assessment for a bicycle can be complicated, which is why we want to hear your story first.
Texas Bicycle Accident Lawyers
At Patterson Law Group, we have helped cyclists find their footing after adverse events. Our job is to understand your story, evaluate your case, and provide solid legal recommendations aimed at helping you and your loved ones through difficult times.
Contact Patterson Law Group today at 817-784-2000 or fill out the form on this page and we will contact you shortly.
Bicycle Accident FAQs
Is the motorist always at fault for a bicycle accident?
Motorists are not always at fault for bicycle accidents. Cyclists also have responsibilities on the road. Neglecting road responsibilities can lead a cyclist to be partially at fault for an accident. The court will evaluate the evidence to determine the percentage of fault the cyclist was and will adjust the settlement amount accordingly.
Does my car insurance cover me in a bicycle accident?
If you were involved in a bicycle accident with a negligent driver, you will most likely recover damages from your insurance company. If your policy has personal injury protection, coverage will almost always extend to bicycle accidents. You can talk to your insurer to find out if personal injury protection applies to your particular bicycle collision.
Can I still file a lawsuit if I was not wearing a helmet, did not have proper lights or reflectors, or was riding on the wrong side of the road?
Generally speaking, you can file a lawsuit against a negligent driver even if you were doing something you were supposed to be doing at the time of the accident. However, your recovery may be limited by the percentage of fault attributed to you for the accident.
While there is no state law requiring helmet use while biking, (Ft. Worth requires helmets for riders under 18), the insurance company may argue that the lack of a helmet contributed to the accident injuries. The same applies to not having proper reflectors or riding on the wrong side of the street.
Who can be responsible for a bicycle accident?
The parties responsible for your bicycle accident will largely depend on the circumstances surrounding it. Parties from which you could recover damages include:
- Negligent car, bus or truck drivers
- The city, county, or state government (if the accident was caused by an unsafe road condition)
- Owners of public or private property (if the accident occurred due to negligent design, or maintenance of public or private property)
- Bicycle manufacturers or retailers (if a defective bicycle part played a role in the accident)
- Repair shops (if negligent repair played a role in the accident)
An experienced bicycle accident attorney can review the facts surrounding your accident to determine who may be responsible for your injuries.