Houston Bicycle Accident Lawyer
If you or any of your loved ones were hit by a motorist while riding a bicycle, our experienced lawyers can help obtain maximum compensation for your claim.
The statistics reveal that Houston is not one of the more bicycle-friendly cities around. Unfortunately, in Houston bicycle accidents are commonplace. In fact, from 2010 to 2016, Harris County topped the list of Texas counties with the most bicycle accidents, as reported by the Texas Department of Transportation (TXDOT).
There are several reasons why Houston has higher injury and fatality rates compared to other states. But perhaps the biggest issue is the lack of infrastructure designed to accommodate bicycles.
Without safe passages and dedicated bicycle lanes, bicyclists are at a higher risk of accidents in Houston. Plus, Texas is one of the few states without a law mandating bicyclists to wear helmets, which can cut back on death risks and the severity of injuries in the event of a crash.
In 2021, a staggering 2,266 traffic crashes involved bicyclists, resulting in 92 fatalities — a sharp 12% increase from the previous year. These numbers call for increased safety measures to protect bicyclists in Texas, the third most dangerous state for bicyclists based on federal data from 2013.
While policymakers in Texas have their work cut out in taking a proactive approach to bicyclists’ protection — think creating laws and infrastructural tweaks — survivors of bicycle crashes are entitled to compensation for their injuries
Making your case for bicycle accident compensation: What you need to know
Been in a bicycle accident that wasn’t your fault? You may be wondering if you have a case. Here’s the deal: to win a bicycle injury case, three key elements must be in place.
Someone else must be responsible.
First, someone or something must have caused or contributed to the accident through negligence, carelessness, or other wrongdoing.
It could be a driver texting on their phone who veers into a bicycle lane, causing serious bodily injury. It could also be a careless driver who opens their car door, which you crash into; a bicycle mechanic who does a shoddy job in the gear system; or even a county’s mere failure to mark a dangerous pothole.
You must have real damages
Second, the accident must have resulted in real costs and damages to you. This can include obvious consequences such as broken bones, head injuries, and damage to your bicycle, as well as more indirect and long-term consequences like lost productivity, emotional trauma, and expensive medical costs in physical rehab.
The responsible party must have a way to compensate you.
Finally, there must be a way for the person or party responsible to compensate you. This could be through their insurance, another party who contributed to the accident, or even your own insurance.
It doesn’t matter that the party who is at fault doesn’t have insurance — you can still seek compensation if you have an experienced legal team. Let’s say you swerved to avoid a DUI driver, and your bicycle’s steering malfunctioned. In such a case, you can seek compensation from the bicycle’s manufacturer if the driver does not have insurance.
So, if you’ve been in a bicycle accident and these three elements are present, chances are that you have a case. Why wait? Reach out to our qualified bicycle attorneys at Fitts Law Firm to discuss your options.
What kind of compensation is available to me?
When making your claim, there are a few types of damages. This can include:
- Covering the cost of fixing your damaged bicycle;
- Reimbursing for any medical expenses, like surgery or therapy;
- Compensating you for money lost as a result of work you couldn’t because of incident;
- Emotional distress;
- Compensation for loss of consortium;
- Paying for the pain, suffering, and mental anguish you went through; and
- Where there’s sufficient evidence that the person or company was grossly negligent, malicious, or engaged in any fraud or other wrongdoing, you might get “punitive damages,” too!
It’s also worth noting that how much you can get in settlement all boils down to the material facts of your case — how bad your injuries were, what kind of losses you experienced, etc.
But don’t fret. A confidential consultation with one of our bicycle accident lawyers will leave you with a much better idea of what you could potentially get.
Steps to take after getting hit by a motorist while cycling
If you were just involved in a bicycle accident and you are clueless regarding what to do next, trying not to botch your chances of getting fair compensation should be a good place to start. Generally, here are a few tips we would recommend:
Seek medical help
Forget that you’re feeling kind of okay at the moment; get a medical assessment. Sometimes the adrenaline and other “fight or flight” hormones from the accident can numb pain and injury, which could prove fatal later on.
Head trauma, for instance, can be especially sneaky, and, if not treated right away, can lead to serious problems like swelling, bleeding, or even a stroke. So, if in doubt, go to the doctor and keep track of your treatment and symptoms.
Gather evidence to help your case — Evidence & Witness Statements
Gather, gather, gather! That’s the name of the game when it comes to collecting evidence and witness statements after a bicycle accident. The more, the merrier — so don’t be afraid to stock up on the important material facts. Here’s a checklist of what you’ll want to jot down:
- License plate numbers
- Insurance information
- Phone numbers of those involved
- Anything else that can help identify those involved
- A copy of the police report (if applicable)
- Snap some photos! Capture the scene of the crash, any vehicles involved, and any injuries you may have sustained.
Don’t wait around for the memories to fade – ask witnesses to write down or record what they saw while the details are still fresh in their minds. Think of it like fruit – the fresher, the better.
Time can be cruel to memories, so make sure to capture those witness statements without delay. Trust us, your claim will thank you for it!
Unless it’s your bicycle accident attorney, the less you say, the better for you. Avoid discussing the accident with anyone involved or with insurance company representatives until you’ve talked to a bicycle accident attorney.
Just stick to the facts and don’t say things like “it was kind of my fault” or make any aggressive accusations. When the insurance company calls, remember that their goal is to minimize your claim, so their tactics can be aimed at luring you into making self-implicating disclosures. We would always reccomend not giving a statement to an insurance company.
For instance, they might call you when you’re still groggy from a concussion and ask how you’re feeling, knowing fully well you’re likely to say that you’re feeling better so that they can use this against you in court.
Focus on your medical recovery and let us focus on your case hire a Houston Bicycle Accident Lawyer Today!
Your number one priority after being on the receiving end side of any bicycle incident is to #getwellsoon. But depending on the circumstances, you may also need to work out make-shift arrangements for childcare or you might also miss time from work. The expenses can build fast.
Given that your time to claim compensation in a bicycle accident case is time-sensitive, our bicycle accident attorneys can help you gather material evidence before it gets lost or becomes a distant memory.
At The Fitts Law Firm, our resourceful Houston bicycle accident lawyers are trial-ready, with decades of experience spent navigating bicycle accident cases!
Let us be your legal team, giving you legal insight into which options and remedies are available for you. When necessary, we’ll also work your personal injury claim to secure the maximum compensation.
Our track record of successfully helping numerous bicycle accident victims recoup compensation — both physical and mental — includes being awarded compensation for:
- Medical care, present and future;
- Loss of your earning potential in the past and in the future;
- Physical limitations that hinder your daily life;
- Physical scarring as well as mental scaring such at PTSD;
- The persistent physical pain; and
- The mental and emotional toll of the accident.
. Call us for a no-obligation consult to help you get your Houston bicycle accident claim off the ground today!
Call Today 1-800-99-FITTS.