Fighting For Bicycle Accident Victims in Texas & Beyond
As a cyclist, your bicycle provides you with an affordable mode of transportation and routine exercise. While an ever-increasing number of cities across Texas are adding bicycle lanes to busy roads, cyclists continue to be at risk of injury from other motorists.
Even as drivers are constantly reminded to look twice for cyclists, each and every year individuals are struck while riding to work or during a weekend trek across the city. At Cole, Cole, Easley & Sciba, P.C., our Victoria bicycle accident attorneys understand what it takes to get you the compensation you deserve.
Injured in a Bicycle Accident? Get the Compensation You Deserve!Contact us today at (361) 678-3233 for a free consultation and let our experienced attorneys fight for your rights.
Do I Have a Bicycle Accident Injury Case?
Before speaking to an insurance adjuster, allow our experienced bicycle injury attorneys in Victoria to evaluate your personal injury case to help determine if your claim is worth pursuing.
We are honest about your options and will tell you whether negotiating with the insurance company is your best option or if a trial may get you better results. Whatever the cause of your accident was, our legal teamprovides you with the legal counsel you need.
Common Causes of Bicycle Accidents
Some of the common factors that can lead to a bicycle accident include:
Broken or damaged pavement
Fallen debris, such as trees and discarded automotive parts
Negligent and distracted driving leading to car accidents
According to the Insurance Institute for Highway Safety, there were over 850 cyclists killed in crashes with motor vehicles in the year 2018 throughout the United States.
This was an increase from the previous year.
Of those bicyclists killed in 2018, 61% of cyclists were not wearing helmets at the time of their accident. Another 24% it is unknown whether or not they were wearing helmets.
Most bicycle accident deaths occur between the hours of 6pm and 9pm.
Most accidents occur in urban areas and on major roads.
Types of Bicycle Accident Injuries
Bicycle accidents can result in serious, long-term injuries. Even with protective gear, cyclists are highly vulnerable in collisions with vehicles, obstacles, or poor road conditions. Some of the most common injuries include:
Head and Brain Injuries – Concussions and traumatic brain injuries (TBIs) can have lasting effects, including memory loss, dizziness, and cognitive issues.
Broken Bones – Cyclists often suffer fractures in their arms, legs, collarbone, or ribs due to the impact of a crash.
Spinal Cord Injuries – A severe fall or collision can lead to paralysis or permanent nerve damage, affecting mobility and quality of life.
Soft Tissue Injuries – Torn ligaments, sprains, and road rash can cause severe pain and require extensive rehabilitation.
Internal Injuries – A strong impact can damage internal organs or cause internal bleeding, which may not be immediately visible but can be life-threatening.
Liability in Bicycle Accidents: Who’s at Fault?
Determining who is responsible for a bicycle accident is crucial for seeking compensation. Several parties could be held liable:
Negligent Drivers – Motorists who speed, drive distracted, fail to yield, or drive under the influence are common causes of bicycle accidents.
City or Government Entities – Poorly maintained roads, missing bike lanes, or malfunctioning traffic signals can put cyclists at risk. If the government fails to maintain safe infrastructure, they may be held accountable.
Bicycle Manufacturers – Defective bicycle parts, such as faulty brakes or weak frames, can lead to accidents. In these cases, the manufacturer may be liable.
Pedestrians or Other Cyclists – Unexpected obstacles, such as a pedestrian stepping into a bike lane without looking, can also lead to collisions.
Bicycle Laws in Texas: Know Your Rights
Cyclists in Texas have specific rights and responsibilities. Understanding these laws can help protect you on the road:
Helmet Laws – Texas does not have a statewide helmet law for adults, but some cities require minors to wear helmets. Wearing one is always recommended for safety.
Right-of-Way Laws – Cyclists generally have the same rights as motorists. They can take a full lane when necessary, especially when it is unsafe to ride on the far right.
Passing Laws – Texas law requires drivers to leave at least three feet of space when passing a cyclist. Large vehicles like trucks must leave at least six feet.
Bike Lane Regulations – Cyclists should use designated bike lanes when available, but they are not required to if road conditions make them unsafe.
Knowing these laws can help you protect your rights and seek justice if you are injured in a bicycle accident. If you've been involved in an accident, contact us today to discuss your legal options.
How to Practice Defensive Cycling
The best way to prevent a bicycle accident is to practice defensive cycling. The road will always be filled with reckless drivers and keeping alert at all times can help ensure that you will make it to your destination safely.
This includes:
Riding with headlights at all times
Alerting drivers when you are about to make a turn
And wearing protective gear, such as a helmet
Even the safest cyclists can be subject to the negligent actions of another. If you or a loved one have been seriously injured in an accident, we are ready to seek justice on your behalf.
7 Steps Cyclists Should Take After a Bicycle Accident
If you have been involved in a bike vs. car accident, you should take the following steps to preserve evidence and ensure that your case is handled correctly:
Report the accident to the police; do not leave the scene until they have come and taken statements and filled out an accident report
Get the driver's contact information as well as their driver's license and license plate number
Get the contact information of any witnesses at the scene
Take photos of your injuries and any property damage, as well as the accident scene; you should also keep a journal of your injuries and your recovery process
Do not negotiate with the driver or the insurance company, even if you think that you aren't hurt, you should wait to make any definite statements until you have spoken to a bike accident lawyer
Seek medical attention, even if you don't believe you have suffered any serious injuries, it's important that you have a record of having seen a doctor after your accident
Contact a bike accident lawyer to discuss your case and find out if you have grounds for pursuing a personal injury claim
Frequently Asked Questions (FAQ)
What if the driver who hit me fled the scene?
If the driver leaves the accident scene, it is considered a hit-and-run. You should immediately report the incident to the police and seek medical attention. If you have uninsured motorist (UM) coverage, it may help cover your damages. A lawyer can help investigate and explore other compensation options.
Can I still file a claim if I wasn’t wearing a helmet?
Yes. While wearing a helmet is strongly recommended for safety, Texas does not require adults to wear helmets in most cities. If you suffered injuries due to a driver’s negligence, you still have the right to seek compensation. However, the insurance company may try to argue that your injuries were worse because you weren’t wearing a helmet. A lawyer can help challenge this claim.
What if I was partially at fault for the accident?
Texas follows a modified comparative negligence rule, meaning you can still recover damages as long as you were less than 51% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault, your settlement would be reduced by 20%.
How long do I have to file a bicycle accident claim?
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. If the accident involved a government entity (e.g., poorly maintained roads), you may have a shorter time frame. It’s best to consult an attorney as soon as possible.
Should I accept the insurance company’s first settlement offer?
Insurance companies often offer low initial settlements to close the case quickly. These offers may not fully cover your medical expenses, lost wages, or pain and suffering. It’s important to consult an attorney before accepting any offer to ensure you receive fair compensation.
What if my accident was caused by a road hazard?
If poor road conditions—such as potholes, debris, or missing signs—caused your accident, you may have a claim against the city or government agency responsible for maintaining the roads. These cases can be complex and have strict deadlines, so seeking legal help is crucial.
Can I recover damages if a defective bike part caused my crash?
Yes. If your accident was caused by a faulty brake, tire, or frame, you may have a product liability claim against the bike manufacturer or retailer. A lawyer can help determine if you have a case.
Don't Settle for Less – Protect Your Future! If you've been hurt in a bicycle accident, contact us now at (361) 678-3233 to discuss your case. We’re here to help!
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