Texas residents and tourists alike enjoy long stretches of gorgeous weather year-round. While riding a bicycle is a healthy and fun way to appreciate our state’s many amenities, certain dangers are present at any given point during your ride, especially when you are on public roadways. If another party negligently injures you or a loved one while cycling, it is a good idea to reach out to a Houston bicycle accident lawyer who can fight for the compensation you need to pay for your medical bills and other losses.
The Law Offices of Omar Khawaja, PLLC is ready to investigate and analyze the circumstances surrounding your accident. Our legal team will preserve evidence and ensure that your case meets all applicable deadlines, including Texas’ two-year statute of limitations on personal injury lawsuits. It is our goal to obtain the maximum recovery available from the insurance company or another liable third party on your behalf. Our aggressive approach has helped us recover millions of dollars in settlements and verdicts for our clients.
Common Types of Bicycle Accidents
When The Law Offices of Omar Khawaja, PLLC represent your case, we work tirelessly to establish why your bicycle accident happened and who caused it. This is vital if you want to get the most out of a claim and receive a settlement or civil court award.
Our Houston bicycle accident lawyers have extensive experience handling all types of bike accident cases, including those involving:
- Collisions with motor vehicles
- Turning accidents
- Blindspot accidents
- Improper lane changing
- Failure to yield to the right of way
- Speeding and other forms of reckless driving
- Intoxicated driving accidents
- Door opening accidents
Regardless of your accident’s cause, our legal team will utilize every available resource to pinpoint what went wrong. We examine and set aside police reports, accident photos, eyewitness statements, camera footage, cellphone records, and other forms of accident scene evidence to build your case. We may also work with accident reconstruction experts and economists to further prove your allegations or uncover new findings.
Find out how our team can help you with your bike accident claim; call (713) 561-5454 or contact us online 24/7 to request a free consultation.
Texas Bicycle Laws
In Texas, cyclists are required to obey the same traffic laws as motorists. This includes stopping at stop signs and red lights, yielding the right-of-way when required, using hand signals for turning, and yielding to pedestrians in crosswalks.
Cyclists must ride as near to the right side of the roadway as practicable, except when passing another vehicle, preparing for a left turn, avoiding hazards, or if the lane is too narrow to share safely with a motor vehicle.
In Houston, children under 14 years old are required to wear a helmet if they ride their bikes on public streets. No person is allowed to ride their bicycle on a sidewalk within a business district.
Motorists passing a bicyclist must leave a safe distance of at least three feet between their vehicle and the cyclist when overtaking and passing.
Who Is Liable for a Bicycle Accident?
After a bicycle accident, establishing fault is one of the most challenging aspects of negotiating a settlement or litigating a fair civil award. However, it is also a crucial element of your claim.
Drivers owe you and others present duty of care, meaning they must obey all traffic laws and drive with care to avoid causing collisions with other motorists, pedestrians, and bicyclists. When they breach this duty, and you are injured or your loved one tragically passes away as a result, you have a right to legal recourse.
However, many motorists deny their involvement or even try to place some of the blame on you. Do not let this happen. If the insurance adjuster and/or court finds you more than 50% at fault for the incident, you cannot file a claim or recover compensation for your damages. Even if you are found less than 50% to blame, the amount you can recover in damages will be adversely affected by your percentage of fault.
At The Law Offices of Omar Khawaja, PLLC, our attorneys can fight back against the driver or insurance company’s efforts to dispute your claim and help you seek fair compensation from the liable party. This may include one or more of the following:
- The driver who hit you
- The driver’s insurance company
- A city, county, or state government
- Your insurance company
- Other third-parties involved
In rare cases, a bicycle manufacturer, retailer, or distributor is at fault, which means that you could also hold them responsible if they contributed to your or your family member’s accident.
What to Do After a Bicycle Accident
After a bicycle accident in Texas, you need to take certain steps to protect your well-being and legal interests. Here are the recommended steps to take after a bicycle accident in Texas:
- Check for Injuries: Immediately assess yourself for injuries. If you or anyone else involved is seriously injured, call 911 for emergency medical assistance. Even if injuries seem minor, it's essential to seek medical attention promptly.
- Move to Safety: If possible and safe to do so, move yourself and your bicycle out of the roadway to prevent further accidents or injuries.
- Call the Police: Contact law enforcement to report the accident. A police report can provide an official record of the incident, which can be crucial for insurance claims and legal proceedings. Wait at the scene until the police arrive, unless you require urgent medical attention.
- Exchange Information: Obtain the contact information, driver's license number, vehicle registration details, and insurance information from the driver(s) involved in the accident. Provide your information as well. Additionally, gather contact information from any witnesses present at the scene.
- Document the Scene: Take photos or videos of the accident scene, including the positions of vehicles, any visible injuries, property damage to your bicycle, road conditions, and traffic signs or signals. This documentation can serve as valuable evidence later.
- Seek Medical Attention: Even if you don't believe you're seriously injured, it's essential to seek medical evaluation promptly. Some injuries, such as concussions or internal injuries, may not be immediately apparent. Keep records of all medical treatment received.
- Notify Your Insurance Company: Report the accident to your insurance company. Even though you were riding a bicycle, your auto insurance policy might provide coverage for certain expenses, such as medical bills or property damage.
- Keep Records: Maintain detailed records of all accident-related expenses, including medical bills, repair estimates for your bicycle, lost wages if you're unable to work due to injuries, and any other relevant costs.
- Consider Legal Representation: Depending on the circumstances of the accident and the extent of your injuries, it may be beneficial to consult with a personal injury attorney who has experience handling bicycle accident cases in Texas. An attorney can help protect your rights, navigate the legal process, negotiate with insurance companies, and pursue compensation on your behalf.
- Follow Up: Continue to follow up with medical treatment as needed and keep your attorney informed of any developments related to your case.
Damages Available in Bicycle Accident Claims
Bicycle accidents can cause severe injuries that permanently affect victims’ lives, as well as the lives of their family members and loved ones. This often leads to immense physical pain, emotional suffering, and financial loss. By filing a personal injury claim after a bicycle accident, you can seek fair financial compensation for these damages.
Depending on the specific details of your case, we may be able to help you recover the following types of damages after a bike accident:
- Past and future medical expenses
- Lost income and decreased future earning capacity
- Pain and suffering
- Loss of consortium and loss of services
- Emotional distress
- Physical impairment
As your legal team, we will look for every opportunity to obtain adequate coverage and compensation on your behalf. Your lawyer can also work directly with your medical provider to ensure that they know your legal situation. Your health, safety, and wellbeing are our top priorities.
Call (713) 561-5454 or submit a free and secure contact form to request a complimentary case evaluation today.
Texas, like other states, has a statute of limitations that applies to your injury case. If you were harmed after a bicycle accident or your family member lost his or her life, you have up to two years from the date of injury or death to file a claim. If you miss this deadline, you no longer have a legal right to file a claim—with very few exceptions.
The sooner you act, the sooner our Houston bicycle accident lawyers can help you get the coverage you need through the available legal channels. We will also have additional time to investigate the cause of your accident and package a settlement demand without a deadline looming over your head. We encourage you to reach out to our team right away to schedule a no-cost, no-obligation consultation.
Contact Our Bike Accident Attorneys Today for a Free Consultation
If you or someone you love was involved in a devastating bicycle-vehicle collision in Houston or any of the surrounding areas, turn to the team at The Law Offices of Omar Khawaja, PLLC for the tireless legal representation you need. Our attorneys take the time to get to know you, listen to your story, and develop a personalized strategy tailored to the unique circumstances of your case. We are ready to fight for you and the full, fair compensation you are owed.
We are available 24/7 and provide legal services in English, Spanish, Urdu, and Arabic.
Dedicated & Experienced CounselOur team has handled thousands of cases and we have the skills, insight, and commitment to fight for the results you need and deserve. We are not afraid to go to trial and will work until we obtain justice on your behalf.
Personal Touch to Personal InjuryAt The Law Offices of Omar Khawaja we pride ourselves on providing personalized attention to each and every one of our clients. We work to get to know you and your case to understand how we can best assist with your goals.
Customized Legal StrategiesWe believe that no two cases are alike and work with you to understand, first and foremost, the details of your case and how our team can be most beneficial to you and your needs. Next, we work to collaborate with you on a targeted legal approach.
Commitment to Integrity
Your legal rights are our priority. We give our utmost attention to every case with outstanding morals and work ethic. Our team commits ourselves to ALWAYS providing you and your loved ones with the highest quality legal service around.