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Experienced Bicycle Accident Lawyers in Texas - Protecting Your Rights After a Crash
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Bicycle Accident Attorneys
As more and more people take up bicycle riding as a hobby, more and more riders are at risk. This is due in large part to an increase in cell phone usage by drivers.
Nowadays, drivers are more distracted than ever before because of electronics. A morning exercise ride can turn into a life-changing, catastrophic event in a split second.
At Snellings Law, our bicycle accident attorneys have handled numerous bicycle-vehicle collision cases. Due to a lack of protection, bicycle riders are at extreme risk of suffering severe injuries or even death.
Our bicycle accident attorneys act quickly to prevent insurance companies from trying to avoid responsibility. We secure important evidence and speak to any potential witnesses. We also conduct detailed investigations to prove liability early on.
Once we take on your case, we handle all communications with the insurance companies, so you won’t have to deal with their calls or tactics. This allows you to focus on your recovery without the added stress of negotiating or disputing with insurers.
If you or a loved one has been injured while riding a bicycle due to someone else’s negligence, please call us to set up your free consultation with one of our bicycle accident attorneys.
Bicycle safety
According to the National Highway Traffic Safety Administration, there were 966 bicyclists killed in traffic crashes in 2021, and failing to yield and a lack of visibility of the cyclist were the highest causes of these fatalities. Because cycling is most ideal in the summer, more bicycle accidents occur between June and September. Therefore, it’s extremely important to practice bicycle safety while you’re riding and even before you get on your bike.
The bike you choose should function correctly and fit you. A bike too big will be hard to control, so choose your bike carefully. You should always wear protective equipment when you ride as well as bright clothing and reflective gear so that you are visible to cars. Helmets are crucial to keeping you safe from TBIs if you get into a bicycle accident.
Bicycles follow the same traffic and road rules as other vehicles, so be mindful of cars when riding, ride in the same direction as traffic, and make sure to make your next move clear to drivers. It helps to plan your route beforehand to avoid as much traffic as possible.
Pedestrians still have the right of way to bicycle riders, so make sure to watch out for people walking when you are riding. Avoid riding on the sidewalk and announce your presence to pedestrians either by telling them where you are or with a bell. For more bicycle safety tips, you can check out the Texas Department of Transportation’s page by clicking here.
Sharing the road
It is no secret that there are many drivers on the roadway who simply do not like bicycle riders traveling on “their” roadways. Sometimes, this can lead to aggressive driving around the bicyclist, causing crashes.
At Snellings Law, our bicycle accident attorneys recognize that our roadways belong to everyone, and vehicle drivers are required by law to respect bicyclists just as they would any other vehicle on the roadway.
When driving a vehicle, always make sure to check your surroundings for bicyclists. You should check before you get in your car and any time you stop at a stop sign or a red light. Pass cyclists safely and don’t underestimate their speed when turning in front of them.
Crashes with no vehicle contact
Many times, there is no contact between the vehicle and the bicyclist, but a vehicle’s actions cause a bicyclist to crash. A lack of contact does not absolve the vehicle of liability.
At Snellings Law, our team of bicycle accident attorneys has experience working up these types of cases when insurance companies attempt to deny liability based on “no contact.” If this has happened to you or a loved one, please call us today.
We are Bicycle Accident Lawyers
As dedicated bicycle accident attorneys in Frisco, Sherman, and the surrounding North Texas areas, we know that biking is a huge part of our communities. Frisco has many parks with biking trails, including Beavers Bend Park, Cottonwood Creek Greenbelt, and Stewart Creek Park. In Sherman, Binkley Park and Herman Baker Park are great places to ride your bicycle. We advocate for the safety and protection of bike riders, and we hope that you never have to use the services our bicycle accident attorneys provide. However, if you or someone you love has been injured in a bicycle accident in Frisco or Sherman, give us a call today at (214)-387-0387 to schedule a free strategy session with one of our experienced bicycle accident attorneys.
What Types of Damages Can an Injured Cyclist Recover in a Bicycle Accident Case?
When a cyclist is injured in an accident, they might wonder about the types of damages they can recover. Here’s a comprehensive breakdown:
Medical Expenses
The most immediate and tangible expenses come from medical treatments. Cyclists can seek reimbursement for:
- Emergency Services: Including ambulance rides and emergency room visits.
- Diagnostic Tests: Like x-rays and MRIs.
- Ongoing Treatments: Including physical therapy sessions and any necessary surgeries.
Lost Wages
Recovery can take weeks or even months. During this time, injured cyclists may be unable to work, leading to significant wage losses. Compensation can cover:
- Lost Income: For the time period the cyclist is unable to work.
- Future Earnings: If the injury impacts their ability to earn in the future.
Pain and Suffering
Beyond the physical injuries, accidents often result in emotional and psychological distress. Compensation can include:
- Mental Anguish: Covering stress, anxiety, and depression resulting from the accident.
- Loss of Enjoyment: If the injury prevents the cyclist from enjoying daily activities and hobbies.
Loss of Consortium
Severe injuries can strain personal relationships and impact family life. Damages can be sought for:
- Impact on Relationships: Including the loss of companionship or inability to participate in family activities.
Property Damage
The bicycle and any other personal items damaged in the accident can also be reimbursed. This includes:
- Bicycle Repairs or Replacement: Covering the cost to fix or replace the damaged bike.
- Other Equipment: Including helmets, clothing, and gear that were damaged in the accident.
By understanding the various types of damages an injured cyclist can recover, individuals gain a clearer picture of their legal rights and what they may be entitled to after an accident.
What Evidence is Helpful in Proving the Impact of Injuries in a Bicycle Accident Case?
To convincingly demonstrate the severity of injuries in a bicycle accident case, certain key pieces of evidence are essential. Here’s what can make a significant difference:
Medical Records and Doctor’s Notes
Detailed medical records and consistent treatment documentation from healthcare providers play a crucial role. These notes not only describe the nature of the injuries but also outline the recovery process, helping to illustrate the extent and impact of the damage sustained.
Accurate Billing Statements
Comprehensive and accurate billing statements from medical facilities and other treatment providers offer clear evidence of the financial burden resulting from the accident. These documents simplify the claims process by itemizing the costs associated with medical care and rehabilitation.
Witness Statements
Statements from bystanders, other cyclists, or motor vehicle operators present at the time of the accident can corroborate the events leading up to and following the incident. These testimonies add an additional layer of credibility to the victim’s account.
Expert Testimony
Expert witnesses such as medical professionals, accident reconstruction specialists, and vocational experts can provide detailed analyses and projections about the accident’s long-term impact on the victim’s life, health, and financial status.
By collecting and presenting these forms of evidence, the strength of a case can be significantly bolstered, ensuring that the true impact of the injuries is clearly conveyed.
What Steps Should Be Taken Immediately After a Bicycle Accident?
If you find yourself involved in a bicycle accident, there are critical steps you should follow to ensure your safety and protect your rights.
1. Call the Police
First and foremost, dial emergency services. The presence of law enforcement is crucial not only for ensuring you receive prompt medical attention but also for initiating an official investigation into the accident.
2. Seek Medical Attention
Regardless of how minor your injuries may appear, it’s vital to get checked by a healthcare professional. Following your doctor’s instructions for treatment is essential for your recovery and provides documented evidence of your injuries.
3. File a Police Report
The police will compile a detailed report of the accident, which is an important document for any subsequent legal proceedings. This report is particularly useful if any traffic violations were involved.
4. Document Everything
If you’re able, take photos of the accident scene, your bicycle, and any visible injuries. Gather contact information from any witnesses and exchange information with other parties involved.
5. Follow Up on Medical Treatment
Consistently attending all medical appointments and following your doctor’s treatment plan is crucial. Not only does this aid in your recovery, but it also ensures there are comprehensive records of your injuries and treatments.
6. Keep Clear Records
Maintain accurate records of all medical bills and related expenses. This documentation will be invaluable during the claims process, helping to substantiate your case and streamline any financial recovery efforts.
Summary
Taking these steps immediately after a bicycle accident can significantly impact the outcome of any legal action and help ensure a smooth recovery process. By being proactive and organized, you protect your health and your rights effectively.
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What Constitutes Negligence in a Bicycle Accident Case?
Negligence in a bicycle accident case generally means that a driver did not exercise reasonable care, leading to an accident and subsequent injuries. Here’s a breakdown:
- Duty of Care: The driver has an obligation to operate their vehicle safely, respecting traffic laws and the rights of bicyclists.
- Breach of Duty: The driver fails to uphold this duty, perhaps by speeding, running a red light, or failing to signal a turn.
- Causation: The breach of duty directly causes an accident involving a bicyclist.
- Damages: The bicyclist suffers tangible losses, such as medical bills, lost wages, or pain and suffering.
In such cases, it is the driver’s responsibility to compensate the bicyclist for these losses.
How to Begin a Bicycle Accident Claim
1. Seek Immediate Medical Attention
First and foremost, your health is paramount. If you’ve been in a bicycle accident, it’s crucial to seek medical attention immediately, even if injuries seem minor at first. Medical records will also serve as essential evidence when filing your claim.
2. Document the Scene
If you’re physically able, gather as much information as possible at the accident scene. Take photos of your injuries, damage to your bicycle, and the location where the accident occurred. It’s also beneficial to collect contact information from any witnesses and the driver involved.
3. File a Police Report
Contact local law enforcement to file an official police report. This report will be vital when establishing the facts of the accident. Make sure to obtain a copy for your records.
4. Notify Insurance Companies
Inform your insurance company about the accident without delay. Additionally, if the motorist’s insurance is applicable, you’ll need to contact their provider as well. Ensure you don’t admit fault or provide statements that could be used against you later.
5. Consult a Personal Injury Attorney
Reaching out to a personal injury attorney who specializes in bicycle accidents can significantly bolster your case. An experienced attorney will guide you through the claim process, advise on the necessary documentation, and represent your interests.
6. Gather and Submit Evidence
Compile all relevant evidence such as medical records, witness statements, and the police report. Your attorney will help you organize and submit this information to substantiate your claim.
7. Negotiate a Settlement
Most bicycle accident claims are resolved through negotiations with the insurance companies. Your attorney will negotiate on your behalf to ensure you receive fair compensation for medical expenses, lost wages, and other damages.
8. File a Lawsuit if Necessary
If negotiations fail, your next step may be to file a lawsuit. Your attorney will prepare your case, file the necessary paperwork, and represent you in court to pursue the compensation you deserve.
By following these steps and working closely with a qualified attorney, you can navigate the complexities of a bicycle accident claim and seek the justice and compensation you need.
Injured Bicyclists' Rights in Accidents Caused by Others
When a bicyclist is involved in an accident due to someone else’s negligence, they have specific legal rights aimed at protecting their well-being. These rights include:
- Right to Medical Care: Injured bicyclists can seek immediate and ongoing medical treatment to address injuries sustained in the accident.
- Right to Seek Damages: Bicyclists have the right to pursue compensation for various damages. This includes medical expenses, lost wages, pain and suffering, and any other costs directly related to the accident.
- Right to Legal Representation: They are entitled to hire a lawyer who specializes in personal injury cases to help navigate the legal process, ensuring their rights are upheld and they receive fair compensation.
- Protection Under Traffic Laws: Bicyclists have the same rights as motor vehicle drivers on the road. This means they can expect that traffic laws will be enforced to their benefit, including holding the at-fault party accountable.
- Right to a Fair Investigation: Victims can demand a thorough investigation to establish liability and gather necessary evidence, such as police reports, witness statements, and traffic camera footage.
Understanding these rights empowers injured bicyclists to take appropriate actions and seek justice following an accident caused by another party’s negligence.
How Can a Police Report Impact a Bicycle Accident Case?
In the aftermath of a bicycle accident, one of the most crucial steps you can take is to call the police. This action sets several important processes in motion that can significantly impact your case.
Ensures Prompt Medical Attention
First and foremost, contacting the police ensures that emergency medical services are dispatched to the scene promptly. This is vital for addressing any injuries, even those that might not seem severe initially but could worsen over time.
Initiates an Official Investigation
The involvement of the police triggers an official investigation into the accident. This investigation is essential as it provides an objective account of what happened, which can be incredibly valuable later on.
Creates an Official Police Report
One of the most important outcomes of calling the police is the creation of an official police report. This document includes the investigator’s detailed account of the accident, which serves as crucial evidence if legal action is necessary. The police report can include details such as witness statements, diagrams of the accident scene, and any traffic violations noted.
Legal Documentation
If the driver involved in the accident is in violation of any traffic laws, this information will be included in the police report. Having this documented can significantly strengthen any potential legal case you might pursue, particularly in situations where the driver was at fault.
Protection and Advocacy
Having an official police report can protect you against false claims or defenses. It provides a clear, unbiased account of the events, which can be crucial if there are disputes about what happened.
By ensuring that these steps are followed, you not only safeguard your health but also create a robust foundation for any future legal proceedings or claims.
This concise but comprehensive explanation highlights the importance of calling the police and presents the reasons in a clear, structured manner.
How Medical Costs are Factored into a Bicycle Accident Claim
When you’re involved in a bicycle accident, recovering from injuries often comes with substantial medical expenses. These costs play a crucial role in forming the foundation of any negligence claim.
Core Medical Expenses
To make a successful claim, you typically need to demonstrate that you’ve incurred a physical injury. Here are some of the primary medical expenses that can be included:
- Ambulance Services: Costs for emergency transport to the hospital.
- Emergency Room Visits: Immediate medical attention required right after the accident.
- Diagnostic Tests: Expenses for x-rays, MRIs, and other scans necessary to assess the injury.
- Treatment Fees: Costs for surgeries, hospital stays, and ongoing medical care.
- Rehabilitation: Charges for physical therapy sessions to aid recovery.
Each of these categories encompasses the essential medical services and support you may require after an accident, and they are all recoverable through your claim.
Documenting Your Costs
Accurate record-keeping is vital. Be sure to keep all medical bills, receipts, and related documentation. This evidence will not only support your claim but also help in ensuring you receive appropriate compensation for the expenses incurred.
Long-Term Implications
Don’t forget to consider any long-term medical costs that might arise. Chronic pain, future surgeries, or ongoing therapy can all be factored into the compensation amount.
By understanding these elements, you can make a comprehensive bicycle accident claim that thoroughly addresses both immediate and future medical needs.
Why is Following a Doctor’s Instructions Important After a Bicycle Accident?
Following a doctor’s instructions after a bicycle accident is crucial for several reasons:
- Complete Recovery: Adhering to medical advice ensures you return to full health. Skipping treatments or ignoring doctor’s orders can prolong your recovery time or lead to complications.
- Credible Evidence: Consistent medical records are invaluable when proving the extent of your injuries. Detailed notes from your doctor serve as documented evidence, which can significantly support your claim.
- Financial Clarity: Accurate and comprehensive billing statements simplify the claims process. These documents provide clear records of medical expenses, making it easier to recover costs associated with your treatment.
In essence, following through with medical advice not only aids your recovery but also strengthens your position should you need to present a case for compensation.
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After your Free Strategy Session, you will understand where insurance companies can set traps for you and what needs to be done to avoid these traps. You will also understand the personal injury process as well as how we can help, or if you need the help of an attorney. The strategy session typically will have one of three outcomes. You:
- Decide to move forward with our law firm.
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If you or a loved one has been injured in an auto accident
due to someone else’s negligence, please call us today.