As a bicyclist, you have all the same rights and many of the same responsibilitiesas any motor vehicle driver, but drivers very often do not give bicycle riders the space and respect they are legally owed, which sometimes leads to collisions with catastrophic results for the riders who get hit.
Taking effective legal action over a bike wreck in Texas is a complicated process, and court procedure can trip you up when you try to pursue a claim without a skilled personal injury attorney on your side. Help is available from a tenacious Missouri City bicycle accident lawyer with a track record of getting good results from cases much like yours on behalf of people much like you.
Legal liability for injuries stemming from a bike accident is based on the theory of “negligence.” Under this theory, someone is negligent and financially accountable for ensuing losses if they violate a “duty of care” they owed someone else by acting irresponsibly and unlawfully, and if the “breach of duty” directly causes the other person to sustain an injury needing professional medical treatment.
In bike accident cases, a “cause of action” for a lawsuit or settlement demand typically takes the form of a motor vehicle driver violating a traffic law, not paying attention while driving, driving drunk or high, or doing something else irresponsible behind the wheel that causes them to collide with and injure a bicyclist.
As a Missouri City bicycle wreck attorney could further explain, drivers are not the only people who could be liable for this sort of incident in legal terms. For example, if a crash is partially by a lack of properly maintained bike lanes or riding paths, a local government entity may hold some legal liability for injuries and losses caused by the crash.
A bicyclist who gets hurt in a wreck involving a motor vehicle can also be found “negligent” themselves if they did something irresponsible and caused their crash to happen. A court could assign a percentage of “comparative fault” to the injured person and, in accordance with Texas Civil Practice & Remedies Code §§ 33.001 through 33.017, either reduce the total compensation available to that person or deny them compensation altogether.
Furthermore, under TX Civ. Prac. & Rem. Code § 16.003, people injured by the negligence of another generally have two years at most after the date of injury to file suit, regardless of how long those losses will continue to negatively impact their lives. Guidance from a skilled lawyer can be vital to building a strong claim against someone involved in a Missouri City bicycle accident and to navigating around these and other potential roadblocks to financial recovery.
People inside cars are protected by seatbelts and airbags, but bicycle riders have basically nothing separating them from the full force of a traffic accident. This means injuries can be especially severe, so demanding fair financial compensation from the person responsible for your wreck is even more important.
Representation from a Missouri City bicycle accident lawyer could dramatically improve your chances of getting a favorable case outcome and obtaining the restitution you deserve. Call today for a private consultation.
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