Bicycle accidents can often result in catastrophic injuries including some that have a life-altering impact. Some of the most severe accidents can even result in fatalities. Unfortunately, many drivers don’t realize that cyclists have the same rights as other road users. As the bicycle doesn’t provide any protection for the rider, bicyclists are at a greater risk of suffering serious injuries.
While Texas laws provide a legal framework for victims to recover compensation, the process is often complex. For the victims, recovering from the accident and dealing with the legal process can often be overwhelming. That’s where we can help.
At Angel Reyes & Associates, we specialize in personal injury cases related to auto accidents, including bicycle accidents. Our legal team can assess your case and guide you on your best legal options to protect your rights and recover compensation.
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Bicycle Accident Statistics In Dallas, TX
Dallas, TX, is not a bike-friendly city, and most people rely on using vehicles for transportation. As bicycles aren’t as common as in some other cities in the country, motorists are often found unaware or indifferent to the needs of cyclists. This lack of familiarity can lead to unsafe interactions on the road, as many drivers may not be accustomed to sharing lanes or respecting cyclists’ space.
According to Texas’ Crash Records Information System (CRIS), 92 of the 2,265 bicycle crashes reported in Texas in 2021 occurred in Dallas. While Dallas may be safer for bicyclists compared to other cities in the state, most of the accidents are preventable. The victims of these accidents have the legal right to seek compensation for their suffering.
The most severe bicycle accidents involve collision with a motor vehicle. In 2022, Dallas experienced 118 collisions between bicycles and motor vehicles, according to CRIS.
The majority of bicycle accidents in Dallas occur in the inner city, with the most common causes being vehicle-bicycle collisions and cyclist errors. The peak time for bike accidents in Dallas occurred during the afternoon. The CRIS also reports that over 58% of bike crashes in Dallas occurred at intersections.
The statistics of bicycle accidents in Dallas highlight that such accidents are common in the city, and we should be prepared to handle the legal aftermath of such cases. A Dallas bicycle accident lawyer can navigate complex legal processes, negotiate with insurance companies, and advocate for your best interests in court.
Texas Bicycle Laws And Regulations
Under Texas law, bicycles are classified as vehicles, granting cyclists the same rights and responsibilities as motor vehicle operators. While bicycles might be more vulnerable to suffering injuries in a collision, they still have the responsibility to follow traffic laws, including obeying right-of-way rules. Texas law requires bicyclists to ride in the same direction as traffic, and only cross roads at designated crosswalks.
Bicyclists are required to use designated bike lanes where they’re available. If the bicycle is being ridden at night, it should be equipped with property lighting. They should be properly visible from the front and rear. If the bicyclist doesn’t follow the law and it results in an accident, they could be at fault, at least partially, for the accident.
The state also has a law for mandatory use of helmets for all cycle riders under the age of 18. The use of helmets is also highly encouraged for adults. Wearing a helmet reduces the risk of serious injury or death in fatal bike accidents.
Common Bicycle Accident Injuries
Bicycle accidents in Dallas, TX, occur for various reasons, ranging from negligence to mechanical issues with the bikes. Unfortunately, a vast majority of the accidents are preventable. A leading cause of such accidents is driver distraction. Most road users think they can handle multi-tasking while driving or riding, but even a few seconds of distraction can be enough to cause a catastrophic accident.
Distracted driving is not only an issue for motorists but bicyclists can also be distracted. A common distraction for all road users is the cell phone. The temptation to check messages, make calls, or navigate apps while on the road diverts crucial attention, increasing the likelihood of collisions.
Another common cause of bicycle accidents is recklessness. Drivers may engage in speeding, fail to yield, or drive aggressively. Cyclists can also take risks by ignoring traffic signals or riding against traffic. These actions put everyone on the road in danger. Following traffic rules and staying cautious can help prevent many of these accidents.
Weather conditions can also contribute to bicycle accidents. Dallas doesn’t generally have harsh weather, but heavy rain or fog can play a role. As cycles are not as stable as cars, slippery road conditions can be more dangerous. If the bicycle rider loses control while riding, it can lead to serious injuries, even if no other road users are involved in the cycling accident.
If you live in Dallas, you would know that the road infrastructure in some areas needs work. Inadequate or poorly designed bike infrastructure in Dallas is another significant cause of bicycle accidents. The lack of dedicated bike lanes or poorly designed bike paths can force cyclists into traffic. This puts them at a greater risk of collisions with motor vehicles.
Issues with the bicycle or vehicles can also result in accidents. For example, problems with the brake system or tires can be a safety hazard. This highlights the need for proper maintenance to ensure no mechanical or electrical issues pose a safety risk.
Bicycle Accident Injuries
Bicycles don’t have airbags, seatbelts, or any other types of protection for the rider. The rider has to take care of themselves by riding sensibly and using protective gear such as helmets.
However, even with all the precautions, cyclists can suffer from injuries. Unfortunately, some of the injuries are severe. The two most devastating types of injuries in bicycle accidents are spinal cord injuries and traumatic brain injuries. Any damage to the head, spine, or neck can have devastating consequences, such as paralysis.
Bicycle riders can also suffer from factors and broken bones in areas like the arms, legs, or collarbones. Some of the injuries have long recovery times, with some fractures requiring surgical intervention or lengthy rehabilitation.
Depending on how the accident happened, the riders can also suffer from skin injuries and road rash. In some cases, the rider may not experience any external injuries but would have internal injuries, which can be extremely dangerous, especially if any organs are damaged. Dislocations, strains, and sprains are common in bicycle accidents.
The impact of bicycle accidents on mental health is often overlooked. Even the victims underestimate the severity of such injuries. Bicycle accidents can have a profound physiological effect. The victims may suffer from post-traumatic stress disorder, anxiety, depression, and other conditions or disorders.
In some cases, victims may recover from the physical impact of the injuries but may take a long time or never recover from the psychological impact. Some victims may develop a fear of cycling or being in a collision on the road.
Elements of a Bicycle Accident Claim
Victims of bicycle accidents can seek to recover damages through a claim. They can seek compensation for all types of damages that were a direct result of the accident. This includes economic expenses such as medical bills and property damages, and non-economic expenses, such as emotional distress and mental trauma.
While the victims have the legal right to seek compensation, the process of securing full and fair compensation is often challenging—especially in cases where this disputed liability or the extent of the injuries is unclear.
One of the first steps in a bicycle accident claim is to get all medical treatment required for the injuries. Prompt medical attention not only ensures proper recovery but also creates a documented record of the injuries sustained. This documentation is crucial in proving the severity of the injuries and linking them directly to the accident.
As a key part of the claims process, you need to gather and present evidence that supports your claim. This starts at the accident site. If you don’t require emergency medical care, you can start by taking photos and videos of the crash site. Notify law enforcement officials about the accident.
They will arrive at the scene and are likely to write a report documenting the details of the incident. This report is critical for your claim, as it provides an official account of the accident. You should also check if any eyewitnesses to the incident would be willing to provide a statement or testify about how the accident occurred.
The formal claims process is initiated when you file a claim with the insurance company. Ideally, you want to engage a Dallas bicycle accident attorney early in the process so they can offer legal guidance on each step. They can help you gather evidence, assess damages, and file a claim with the insurance company.
If you’re a policyholder and were at fault for the bicycle accident, you should file claim with your own insurance company. If it’s the other party’s fault, then you should file a claim with their liability insurance company. In some cases, both your insurer and the other driver’s insurer may be involved—especially in situations where fault is unclear or there are multiple parties involved.
The insurance company would review your claim, to accept or deny the claim. They may also enter into negotiations to reach a settlement with you. While setting a personal injury claim out of court is common and offers some key benefits, such as a quick resolution to the dispute, if you feel you’re not getting a fair settlement, you can take the case to court.
If the case goes to a court, your attorney can advocate for your rights in front of the judge or jury. While a trial may add more complexity to the case, if it can get you a fair deal, it could be worth the extra effort and time. Discuss with your attorney whether going to trial is suitable for your case.
If you plan on settling the case, make sure you accept an offer that reflects all your damages. Accepting a settlement means that you may no longer be able to recover more expenses for the incident in the future. One of the key aspects of settlement is to ensure you have considered the short-term and long-term impact of the bicycle accident.
For example, if you’re no longer able to earn at the same capacity due to the injuries suffered in the accident, then your settlement should include this significant impact on your life.
Statute of Limitations For Texas Bicycle Accident Claims
The statute of limitations establishes the maximum time you have to initiate legal action. If you go past this timeframe, you may lose your rights to seek compensation for your damages. Under Texas laws, the statute of limitations for bicycle accidents is generally two years from the date of the accident. This limitation applies to personal injury claims, property damage claims, or wrongful death cases resulting from the accident.
However, there can be exceptions to exemptions to the two-year rule. For example, if the injured person has been mentally incapacitated by the injury or is a minor at the time of the accident, the statute of limitations can be extended. The statute of limitations can be shorter in some cases, such as claims against government entities typically having a maximum time frame of six months.
The statute of limitations exists for several reasons, including the preservation of evidence and encouraging the parties to pursue their claims diligently rather than unnecessarily delaying. It also helps provide legal certainty and prioritize judicial efficiency by ensuring cases are filed within a reasonable timeframe.
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The Importance of Witness Information and Evidence
In the aftermath of a bicycle accident, building a strong case is essential to securing fair compensation for your losses. If the bicycle collision was the fault of another party, then a strong case can help you hold the party accountable for their actions. The foundation for a strong case is the evidence you can present to support your claim.
Why does evidence matter? Whether it’s the insurance company or a court of law evaluating your claim, evidence is vital for them to assess your case. It serves a key role in establishing liability and supporting your claim of how the accident occurred.
While there are various types of evidence you can use in your case, witness statements or testimony can be highly valuable. Witnesses can provide an unbiased account of the events and may be able to share information that the victims might have overlooked in the chaos of the moment.
There are main types of witnesses you can use in bicycle accident cases. The first type is people who were present at the accident scene and can provide their account of the incident. The others are expert witnesses, such as medical professionals and accident reconstruction specialists. These professionals can provide their expert opinion and technical insights on matters related to the accident.
While expert witnesses can be contacted after the accident, you may need to gather contact information of eyewitnesses to the incident at the accident site. Collect their contact information including names and phone numbers.
Consistency in witness testimony is essential, as the opposing party will be quick to highlight any discrepancies in the statements. Contradictions can undermine the credibility of your case and create doubt about the events as presented to them by you and your witnesses.
Working with an attorney can help you identify and address inconsistencies early. This process strengthens your overall case. It also makes it more difficult for the opposing party to challenge your claims.
How Are Damages Calculated in Bicycle Accidents?
A key component of a bicycle accident claim from the victim’s perspective is to determine the full cost of the damages. If they underestimate the damages, they will not be compensated for all their suffering.
On the other hand, if they ask for too much without providing evidence or justification for that demand, it could weaken their case. This is why consulting an experienced personal injury attorney is essential. The attorney can help you determine economic and non-economic expenses.
For the economic expenses, the attorney will gather and document all tangible financial losses that were a direct result of the accident. This includes estimates for property damage repair, medical bills, and other receipts for expenses. They will also assess lost wages due to missed work and calculate any reduction in earning capacity if the injuries prevent the victim from returning to their previous job or career.
Non-economic expenses are relatively more challenging to determine as they’re more subjective and harder to quantify. The multiplier method can be used to determine non-economic expenses. In this method, a factor is applied to the total economic damages based on the severity of the injuries and the impact they have on the victim’s life.
Another method that can be used in such cases is the per diem method, where a daily amount is assigned to the victim’s losses, and this per diem amount is multiplied by the number of days that the victim is expected to suffer from the impact of the bicycle accident.
In some cases, you may be able to get punitive damages. These are awarded in bicycle accidents when the at-fault party’s actions are particularly reckless or intentional. These damages go beyond compensating for injuries. They aim to punish the wrongdoer and deter similar behavior in the future.
How a Dallas Bicycle Accident Lawyer Can Help
If you suffered a bicycle accident in Dallas, TX, get an attorney involved in the process as early as possible. Not only can an experienced attorney help protect your rights and recover maximum compensation, but they can also reduce the burden on you so you can focus on your recovery.
A key component of a bicycle accident claim is investigation and evidence collection. An attorney can help gather evidence. Using their resources and experience, the attorney can access and gather evidence that can strengthen your case. The evidence collected is crucial for establishing liability.
Another key benefit of having an attorney on your side is that you gain access to their network of experts, such as medical professionals and accident reconstructionists. These specialists can provide valuable testimony and evidence to strengthen your case and support your claim for maximum compensation.
The attorney can also help in negotiations with the insurance companies. Even if you’re eligible to receive compensation, the insurance companies may try to minimize their payout by employing various tactics. For example, they might downplay the injuries or try to deflect the liability to another party.
With an attorney on your side, you won’t have to worry about any of these bad-faith tactics. Additionally, the attorney can ensure you only accept a settlement offer that fairly compensates you for all your suffering.
In case no fair settlement is reached through negotiations, a Dallas bicycle accident lawyer can take your case to court. The attorney will prepare and present your case before the judge or jury. They will advocate for your rights, aiming to demonstrate the extent of your bike accident injuries, financial losses, and emotional distress caused by the accident.
We welcome you to get in touch with us at Angel Reyes & Associates to consult with one of our bicycle accident lawyers. We will assess your case to guide you on your best options. Our legal approach will be tailored to your case to ensure we get the best possible outcome.
We can handle all the legal aspects of your case. Our legal team specializes in car accidents. To get started, please call us to schedule your free consultation with one of our personal injury lawyers at our Dallas injury law firm.
Resources for Bicycle Accident Victims in Dallas
If you have been involved in a bicycle accident in Dallas, it’s crucial to have access to resources that can aid in your recovery and legal journey. Here is a list of helpful resources:
- Baylor University Medical Center
- Address: 3500 Gaston Ave, Dallas, TX 75246
- Phone: (214) 820-0111
- Services: Comprehensive emergency care and specialized treatment for serious injuries, including traumatic brain injuries and broken bones.
- Texas Health Presbyterian Hospital Dallas
- Address: 8200 Walnut Hill Ln, Dallas, TX 75231
- Phone: (214) 345-6789
- Services: Offers a range of medical services, including emergency care and rehabilitation programs for accident victims.
- Rehab Management Physical Therapy
- Address: 6301 Gaston Ave, Suite 100, Dallas, TX 75214
- Phone: (214) 821-9992
- Services: Physical therapy and rehabilitation services tailored to help recover from bicycle accident injuries.
- Accident & Injury Chiropractic
- Address: 9696 Skillman St, Dallas, TX 75243
- Phone: (214) 221-7000
- Services: Chiropractic care focusing on pain relief and recovery from injuries sustained in accidents, including spinal cord and neck injuries.
- Texas Institute for Surgery at Texas Health Presbyterian Dallas
- Address: 7115 Greenville Ave, Suite 100, Dallas, TX 75231
- Phone: (214) 647-5300
- Services: Specialized surgical procedures and post-operative care for severe injuries from bicycle accidents.
- Baylor Scott & White Institute for Rehabilitation – Dallas
- Address: 909 N Washington Ave, Dallas, TX 75246
- Phone: (214) 820-9300
- Services: Offers comprehensive rehabilitation services, including physical, occupational, and speech therapy for accident recovery.
- Dallas Injury Rehab
- Address: 9304 Forest Ln, Suite 242, Dallas, TX 75243
- Phone: (972) 235-9355
- Services: Provides injury rehabilitation services, including chiropractic care and physical therapy for accident victims.
These resources can help you access the medical care and rehabilitation services needed to recover from a bicycle accident. It’s essential to seek prompt medical attention and follow a tailored rehabilitation plan to ensure a full recovery.
