Drivers have an obligation to keep bicyclists and pedestrians safe. If motor vehicle drivers are not careful, they may not see bicyclists and collide with them. When this occurs, the risk of injury is high for the bicyclist, and the results may be tragic.
If you’ve been injured in a bicycle accident, you can file a claim or suit to recover damages. A McKinney bicycle accident lawyer at Underwood Law Office can assist you with the process. During a free consultation, you can discuss your options for reclaiming the losses and injuries you’ve suffered.
Help From a McKinney Bicycle Accident Lawyer
A lawyer from our team can help:
- Determine what your damages are
- Calculate an amount for recovering damages
- Interview witnesses
- Gather police reports and medical records
- Manage communications with the insurance adjuster
- Go to trial, if necessary
Sometimes cases can be handled outside the courtroom through negotiations and a fair settlement agreement with the other party. This is best conducted by an impartial third party, as in the case of a McKinney bicycle accident lawyer. Attempting to handle the negotiations yourself can result in unfair settlements.
For a free legal consultation with a bicycle accidents lawyer serving McKinney, call (972) 535-6377
Bicycle Road Laws
Bicyclists have just as much of a right to ride on the road as other vehicles. In fact, Texas has a whole set of bicycle laws to protect the driver and others. The Texas Transportation Code, Title 7, Chapter 551 outlines the following rules of the road:
- Bicyclists may ride near the curb, going in the direction of the traffic. This indicates that they may be somewhat in the lane at times since “near” is a subjective term. Other vehicles must respect the bicycle and take precautions when approaching.
- Other cars must yield the right-of-way to a bicycle as traffic indicates, as they would any other vehicle because bicycles have the “rights and duties applicable to a driver operating a vehicle.”
These guidelines indicate that other drivers must take care of bicycles on the road and treat them as they would other vehicles. They must share the road with them respectfully, and even if they don’t know the law, it doesn’t negate their obligation to follow it. They must exercise caution when passing bicyclists.
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Statistics Concerning Bicycle Accidents
Since not as many people drive bicycles as they do other vehicles, the number of accidents involving them is lower than that of motor vehicles. However, when they do occur, they are often fatal.
According to the Insurance Institute for Highway Safety (IIHS), most bicycle injuries are to the head, which is not hard to imagine since these types of accidents tend to throw the person off the bike onto the ground. Also, bicycles don’t have the protection around them as cars or trucks do, so there is more chance of serious injuries.
In 2019, 843 bicyclists were killed in accidents with motor vehicles. Of these deaths, 652 were males, and the majority of people were over the age of 20.
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Common Bicycle Injuries
You can get injured anywhere when getting into a bicycle accident. As mentioned above, head injuries are most common, but other injuries from a bicycle accident include:
- Fractures to the lower or upper extremities
- Abrasions and lacerations to any part of the body
- Spinal cord injuries
- Brain injuries
- Facial or dental injuries
- Wrongful death
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Damages in a Bicycle Accident and How To Recover Them
If you’ve been in an accident with your bicycle and a motor vehicle, you might be wondering what legal remedy or course of action you have. According to Texas law, you can file a personal injury case to recover damages you’ve incurred in the accident. Your damages can range from immediate care to ongoing costs. Our McKinney bicycle accident lawyers can review your case and determine how to proceed.
Some of the damages you may be able to recover costs from include:
- Medical expenses
- Ongoing physical needs, including doctor’s appointments and physical therapy
- Loss of income due to being out of work during recovery
These represent some of the damages; there may be other things you had to pay for not listed that you can discuss with a lawyer.
Can You Collect Pain and Suffering Damages From a Bicycle Accident?
You may have heard of “pain and suffering” damages from accident claims. If so, they are completely valid and allowable. As you probably know, not all the pain from an accident is seen. Some of the sufferings are internal. Emotional trauma can be just as damaging as physical injuries. People who are in accidents often suffer from trauma and require therapy.
Additionally, if a person becomes disabled because they were in a bicycle accident, then the pain and suffering from that are much greater. Either way, the damages of internal anguish will be calculated.
Statute of Limitations
Texas Civil Practice and Remedies Code § 16.003 gives guidance on how to file personal injury cases. There is a statute of limitations in personal injury cases, which is two years in Texas. That means you must complete your paperwork and filing within that timeframe.
Work With a McKinney Bicycle Accident Lawyer
At Underwood Law Office, our McKinney bicycle accident lawyer understands the complexities revolving around bicycle accidents. We can manage the process for you, so you can focus on healing. A bicycle accident lawyer will work to gather evidence in your case and negotiate a settlement that is agreeable to all parties. If not, your case may go to trial.
If you want more information about your next steps in filing a bicycle accident claim, get in touch with our office today by calling (972) 535-6377. We will conduct a free consultation for you today.
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