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Bicycles are the greenest form of transportation, great for exercise, and a way to appreciate nature. All fifty states have laws in place to afford bicyclists similar rights in traffic laws as motorists. However, reckless drivers who do not appreciate these laws can be a deadly danger for innocent bicyclists.
Speeding drivers can cause great injury to a bicyclist, helmet or not. Injuries can include loss of motor function, broken bones, hospitalization, or even death. The at-fault driver may be liable for a bicyclist’s hospital bills, lost wages, property damage, and non-economic damages. In an instant, the routine day-to-day of a bicyclist could be forever altered. While it may be tempting to accept any financial compensation that will help for medical bills, the reality is that these costs could be what you or your family must use as a primary source of income for the foreseeable future. Lost wages and modifications to the home can be costly if just compensation is not sought.
Our Dallas bicycle accident lawyers at Mathias Raphael PLLC Accident & Injury Lawyers appreciate the value that bicyclists serve in our community. We fight vigilantly to ensure that drivers cannot bully you to get any less than you deserve. With top legal representation from our Dallas personal injury lawyers, our qualified team will fight tenaciously to make sure no insurance company can get away with undervaluing your claim. Contact our team today for your free evaluation of your claim, with no exceptions guaranteed.
The type of bicycle accident that occurs can change the legal strategy advised. While a car can collide with a bicycle in a variety of ways, some collisions are far more common than others. Here are some situations commonly seen by our Dallas bicycle accident lawyers in the past:
Thousands of avid bicyclists live in Dallas, both for commuting and for recreation/exercise in their spare time. Every year, dozens of cyclists are injured or killed in Dallas. In 2016, 65 pedal cyclists were killed in vehicle collisions across Texas, a 25% increase from 2015. Motorists are required to drive safely and yield the right of way to bicyclists, just like any other vehicle. Negligent drivers who fail to exercise reasonable caution may act in a way that results in a collision.
Bicycles may have the rights afforded to them by the law on roadways, but unfortunately, bicyclists are at a higher risk of severe accident. In an accident, they are more likely to sustain serious to catastrophic injuries. Below are some of the consequences to bicyclists in accidents with reckless motorists:
State laws on car insurance fall into two camps: either a fault system or a no-fault system. In Texas, motorists are required to purchase insurance that follows a fault system. In a fault system, a victim is able to bring a claim through the insurance system of the opposing driver. The insurance companies are required to determine how the damages of an accident will be covered based on who was at fault.
If a motorist hits a bicyclist, bicyclists can take advantage of the fault system. Like victims in a car accident, bicyclists can bring a claim against the opposing driver to cover their damages. If a claim is filed, an insurance company will look to get a victim’s recorded interview right away. While these interviews may not be a deposition in court, they can be vital pieces of evidence to assess whether or not a bicyclist’s claim will be covered.
The representative of an insurance company who will likely reach out to a victim is the insurance adjustor. The adjuster will be in charge of filing your claim and assessing the potential coverage based on the facts. While the judgment quality can seem like a fair process, insurance adjusters work for for-profit insurance companies at the end of the day. Preparing your statement carefully and even reaching out to a Dallas bicycle accident lawyer before the discussion can be the most important part in this process.
Motorcyclist accidents are typically brought with a claim for negligence based on the carelessness of the driver. In Texas, the plaintiff is required to demonstrate that the motorists actions were the proximate cause of the plaintiff’s injuries. While insurance companies are the intermediary for assessing fault, our lawyers can help you determine when an actual lawsuit is necessary if the insurance company tries to blame your own negligence for the injuries.
An insurance company might be able to demonstrate your negligence by pointing to the laws that govern bicyclists. While these rules might be intimidating, a qualified Dallas bicycle accident lawyer will help you sort through both the statewide bike laws and citywide bicycle ordinances. Dallas, once one of the most dangerous cities for cyclists, now enforces several rules and regulations that apply to all roadway users in an effort to improve bicyclist safety. Some of the rules bicyclists should be aware of include:
Here are some key steps to keep in mind following a bicycle accident:
Bicyclists are important members of our society who deserve the maximum protection afforded to them from our laws. At Mathias Raphael PLLC Accident & Injury Lawyers, we will not let opposing insurance companies bully you into less than you deserve. Contact our Dallas Bicycle Accidents today for your free consultation.
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