Fort Worth has been listed as a bicycle-friendly city since 2012, according to BikeTexas. Despite this fact and the obvious benefits of cycling, too many riders are hurt in serious or fatal accidents each year.
If you were injured by a reckless or negligent driver, you should not be the one paying your medical costs, lost wages or other damages. Our Fort Worth bicycle accident injury lawyers are ready to discuss your situation and determine if you may be eligible to pursue compensation under Texas law. We have more than 50 years of combined personal injury experience, and we are prepared to pursue a maximum recovery on your behalf.
We have secured millions on behalf of motor vehicle accident victims. Seth Anderson has been named one of the Top Personal Injury Lawyers in Fort Worth by Fort Worth Texas Magazine every year since 2002.
Learn if you may have a case – at no cost or obligation to you. If we represent you, there are no upfront costs or fees to pay. We do not get paid unless we recover compensation for you.
Free Case Review – call to schedule yours today: (817) 920-9000
Am I Eligible to File a Case?
To have a valid case, the injured party – or his or her attorney - will need to establish that the accident happened because of another’s negligence. In a legal claim, an individual is considered negligent if he or she fails to act the way a reasonable person would have in a similar situation.
To establish negligence for a liability claim, your attorney must first prove these four criteria:
- Duty of care: The driver owed a duty of care – as all drivers do – to obey traffic laws to help prevent harm to others.
- Breach of duty of care: The driver that struck you breached that duty of care. Examples of a breached duty could include running a red light, merging without checking for traffic or driving while intoxicated.
- Causal link: Your injury is the direct result of the driver’s negligence.
- Damages: You sustained tangible damages, such as lost wages, medical costs or property damages.
What are My Rights as a Bicyclist?
Bicyclists in Texas are required to follow the same road rules as drivers of other motor vehicles, which means they also have the same rights.
What does this mean for you as a cyclist? It means you are required to be familiar with, and follow, these and other traffic laws:
- Riding your bike as near the right curb or edge of a road as safely possible
- Traveling in the same direction as traffic
- Riding only on the permanent seat that is attached to the bicycle
- Not carrying more people on a bike than it is designed to carry
- Obeying all traffic signals, such as stopping for red lights
- Not traveling with less than one hand on the handlebars
- Making sure the bike is properly equipped with brakes and other required safety features
- Be familiar with, and use, proper arm and hand signals to alert drivers when stopping or turning
Other safe bicycle laws and best practices for cyclists riding in Texas are discussed on BikeDFW.
Can I Benefit from Hiring a Lawyer?
Cyclists are inherently more vulnerable to injuries if they are involved in a car accident. For this reason, the injuries riders sustain are often severe or life-altering. Even if your injuries are less serious, it can still be difficult to navigate a legal claim.
An attorney who is well-versed in Texas personal injury laws and how they may apply in your situation can be a great resource. This is likely part of the reason that injured victims who hire a licensed attorney often obtain more compensation than those who do not.
Our Fort Worth bicycle accident injury lawyers may also benefit your claim by:
- Fully investigating the accident that caused your injuries
- Researching all potential sources of compensation
- Identifying all potentially liable parties
- Gathering strong evidence that supports your claim
- Handling communication with all third parties – including the insurance companies – on your behalf
- Negotiating for maximum compensation
You can read what some of our former clients have to say about the services they received from Anderson & Cummings.
Speak to a lawyer to learn more. Ph: (817) 920-9000
What Could My Case Be Worth?
When determining the value of a bicycle accident injury case, there are many contributing factors an experienced attorney will first consider, including the severity and extent of your injuries, what type of medical treatment you have had, or will need in the future, and how long it may take you to recover.
Attempting to assign a specific value without first considering these other factors could result in you receiving far less compensation than your case may be worth.
If we find that you have a valid case, the types of damages you may be eligible to receive could include:
- Ambulance transportation to the hospital
- Medical costs – both now and in the future
- Loss of income
- Physical therapy
- Pain and suffering damages
- Post-traumatic stress disorder (PTSD)
- Scarring and disfigurement
- Loss of enjoyment of life
Who May Be Liable for a Bicycle Accident?
Often, when a car hits a cyclist the driver is at fault. However, there are situations where others may share some, if not all, liability. These others may include:
- Bike manufacturer: If your bike or the driver's car mechanically malfunctioned because of a defective part, and that malfunction contributed to your accident, you may have a liability claim against the manufacturer.
- Road hazards: In some cases, a local, a city or state agency may be at least partly liable if there was a hazardous road condition that was known about but not corrected.
- Negligent cyclist: Sometimes, a cyclist may share partial or even full liability for an accident that caused him or her to suffer harm. There are many ways this could happen, such as if a rider ignored traffic signals or was riding while distracted or intoxicated.
If I am Partly at Fault for My Accident, Can I Still Pursue a Claim?
The short answer is maybe. Texas follows a modified comparative fault system. Under this system, you can still pursue a claim against another party. However, you must not be more than 50 percent liable for the collision. In a situation where you are partly at fault, any compensation you receive will be reduced by your percentage of liability. For example, if you are found to be 10 percent liable for causing your bicycle crash and are awarded $10,000 in damages, you would receive $9,000.
If you are assessed 51 percent or more of the fault, the law says that you cannot recover any damages from the other party.
Are There Insurance Policies That Cover Cyclists?
If you are injured by a negligent driver while riding your bicycle, you should be able to recover compensation for your damages from the auto insurance policy of the at-fault driver.
You may also be able to recover medical costs through your own auto insurance policy if you have purchased either personal injury protection (PIP) or Medical Payments (MedPay) coverage. However, for either of these options to apply, the accident must have involved a motor vehicle.
Our attorneys are well-versed in Texas insurance policies and what sources of compensation may be available to you after a bicycle accident that causes you harm. We are ready to fully assess your situation and determine what recovery options may be available to you.
Call for your free case review today: (817) 920-9000
Do I Still Have a Claim if I Was Not Wearing a Helmet?
The National Highway Traffic Safety Administration (NHTSA) supports the use of helmets as an effective way to help reduce the number of head injuries and fatalities due to bicycle accidents. Studies have consistently shown that wearing a properly fitted helmet reduces the risk of sustaining a serious head injury by almost 70 percent.
That said, there are currently no federal laws requiring cyclists to wear bicycle helmets. In Texas, bicycle helmets are only mandatory for riders under the age of 18.
If you are injured in a bike crash and were not wearing a helmet, the defendant may try to assign some of the blame to you by showing that:
- Your head, neck and face injuries are worse because you chose not to wear a helmet
- You would not have been injured if you wore a helmet
Our knowledgeable Fort Worth bicycle accident injury lawyers are prepared to counter these types of arguments the other side may use. We have a deep understanding of Texas state laws and how they may apply to bicycle crash case.
Does Texas Have a Deadline for Filing a Bicycle Accident Claim?
Injured bicycle accident victims who are eligible to file a personal injury claim in Texas must do so within two years from the date of the accident or injury. If you miss this filing deadline, you will likely be barred by the courts from filing a claim.
Building a case takes time, which is why you should contact an attorney as soon as possible. You want to give your attorney as much time as possible to build a strong case.
Not sure what your deadline is or if that date may have already passed? You can still contact Anderson Cummings to learn what statute of limitations may apply in your situation.
What are Some of the Causes of Bicycle Accidents?
There are various types of accidents involving cars and bicycles:
- Right-Cross Bike Collision: This type of collision occurs when a vehicle suddenly pulls out from the right side of a driveway, road or parking lot, striking the cyclist.
- Left-Cross Accident: This type of crash occurs when a car, coming from the opposite direction, turns left in front of or into the cyclist.
- Right-Hook Bicycle Accident: A right-hook bike accident happens when a car overtakes a cyclist on the left and then immediately turns either in front of or into the bicyclist.
- Door-Prize Bike Crash (Dooring): A door-prize bike accident happens when a driver in a car that is parallel parked on the side of the road carelessly opens his or her car door into the path of an oncoming cyclist.
- Rear-End Bicycle Accident: This occurs when a car or other motor vehicle hits a cyclist from behind.
- Wrong-Way Bicycle Accident: If a cyclist is riding on the wrong side of the road, he or she is at risk of being hit head-on by a car pulling out from the left.
- Red Light Bike Accident: These accidents occur when a cyclist, who is stopped to the right side of a car waiting in traffic, gets hit when the light turns green, and the car turns right in front of or into the cyclist.
Common Injuries for Cyclists Hit by Cars
While cyclists in Texas are required to follow the same road rules as all other motor vehicles, they are also inherently more vulnerable to injuries.
Some of the most common injuries a bicyclist may suffer include:
- Severe lacerations
- Road rash
- Internal bleeding
- Soft-tissue damage
- Fractured limbs
- Traumatic brain injuries
- Concussions and other head injuries
- Neck injuries
- Spinal cord injuries
Contact a Fort Worth Bicycle Accident Lawyer
At Anderson Cummings, we have been helping injured cyclists and other accident victims for decades. In fact, our bicycle accident injury lawyers in Fort Worth have more than 50 years of combined personal injury experience. With a strong and proven track record – we have recovered millions in compensation for our clients – we are truly prepared to help.
Bicycle accident cases are not as straightforward as you may think, and they can very quickly become complicated, especially if the driver tries to blame you for what happened. If we find that you have a case, our experienced legal team will thoroughly investigate your accident and handle every aspect of your case. We are ready to fight for a maximum recovery on your behalf.
Our Fort Worth office, located at 4200 W Vickery Blvd, is a short drive from Fort Worth City Hall.
Experienced Lawyers. No upfront costs. (817) 920-9000