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Injured in a Bike Accident in TX?
Were you or someone you love injured or killed in a bicycle accident? At the Law Offices of Willie D. Powells III & Associates PLLC, our Houston bicycle accident lawyers can help you recover compensation for your injuries and damages. We can evaluate your case and help you understand your legal options.
Schedule a consultation with our Houston bicycle accident attorneys by calling (713) 360-0062.
Who Is Liable for a Bicycle Accident in TX?
Determining liability in a bicycle accident in Texas depends on the specific circumstances of the accident. Liability refers to legal responsibility for the accident and any resulting damages.
In many cases, when a bicycle accident involves a collision with a motor vehicle, the driver of the vehicle may be held liable. This could be due to actions such as speeding, distracted driving, failure to yield, running a red light, drunk driving, or any other violation of traffic laws that contributed to the accident.
However, if the bicyclist was partially at fault for the accident, their liability will be lowered. Cyclists can be held liable for a bicycle accident if they acted negligently. Examples of cyclist negligence may include running a red light or stop sign, not using hand signals when turning, riding against traffic, or engaging in reckless behavior.
Shared Liability - Modified Comparative Negligence
Texas follows a modified comparative negligence system, which means that liability can be shared between multiple parties involved in an accident. If both the cyclist and the motorist are found to be negligent, their liability may be apportioned based on their respective degree of fault.
If you were partially at fault for the accident, your recovery will be reduced by a percentage that is commensurate with your degree of fault. If you are found to be 50% at fault for the accident, your recovery will be reduced by 50%. If you are found to be 90% at fault, your recovery will be reduced by 90%. If you are found to be completely at fault for the accident, you will not be able to recover any compensation.
In some cases, the bicyclist may not be liable for the accident at all, and the motorist's insurance company may be responsible for paying compensation.
The insurance company will always try to prove that the bicyclist was at fault for the accident. If they can prove that you were partially at fault, you will not be able to recover compensation. The insurance company will try to prove that you were partially at fault by bringing up certain key points.
- Did you signal before turning?
- Did you stop at a stop sign or red light?
- Were you riding on the wrong side of the road?
- Did you swerve into the motorist's path?
- Did you swerve into the motorist's lane of traffic?
Liability may extend beyond just the cyclist and the motorist. For example, if a bicycle accident is caused by a defective bicycle part, such as faulty brakes, the manufacturer or distributor of the bicycle or the part may be held liable.
Negligence is a key factor in determining liability. If a party, whether it's a motorist, cyclist, or another individual, acts negligently and causes an accident, they may be held liable. Negligence is generally determined by assessing whether the person failed to exercise a reasonable standard of care, considering the circumstances.
In Texas, like in any other state, various types of bicycle accidents can occur. Here are some common types of bicycle accidents that can happen in Texas:
- Motor Vehicle Collisions: Bicycle accidents involving motor vehicles are unfortunately quite common. These can occur when a driver fails to yield to a bicyclist, runs a red light or stop sign, makes an unsafe turn, or engages in distracted or impaired driving.
- Dooring Accidents: Dooring accidents happen when a parked car occupant opens their door without checking for approaching bicyclists. The bicyclist can collide with the open door or swerve into traffic to avoid it, resulting in an accident.
- Intersection Accidents: Intersections can be dangerous for bicyclists, especially when drivers fail to notice or yield to them. Intersection accidents can occur when a driver fails to stop or yield at an intersection, leading to a collision with a bicyclist.
- Sidewalk Collisions: While it is generally legal for bicyclists to ride on sidewalks in Texas, collisions can still happen between bicyclists and pedestrians or obstacles on the sidewalk, such as improperly placed signs or debris.
- Unsafe Road Conditions: Poorly maintained roads, potholes, uneven surfaces, or debris on the road can lead to accidents for bicyclists. These hazards can cause a cyclist to lose control and crash.
- Riding against Traffic: Riding against the flow of traffic increases the risk of accidents because it goes against the expected pattern of traffic movement. Drivers may not anticipate a bicyclist coming from the opposite direction, resulting in collisions.
- Aggressive or Reckless Riding: Some bicycle accidents can be caused by the behavior of the cyclist themselves. Aggressive or reckless riding, such as running red lights, weaving through traffic, or riding at high speeds, can lead to accidents.
You can recover compensation for the following damages:
- Medical bills
- Lost wages
- Permanent disability
- Physical and emotional pain and suffering
- Funeral expenses
- Property damage
You can also recover compensation for non-economic damages, such as pain and suffering. Our bicycle accident attorneys in Houston can help you get the compensation you deserve.
Contact Our Houston Bicycle Accident Lawyers
If you or a loved one was injured in a bicycle accident, you need an experienced legal team on your side. The Houston bicycle accident attorneys at the Law Offices of Willie D. Powells III & Associates PLLC can help you recover compensation for your injuries and damages.
We can evaluate your case and help you understand your legal options. We can represent you in court and fight to get you the compensation you deserve.
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