You might travel around Houston by bicycle as a means of recreation or to commute to your job. The city offers cyclists several bike lanes, and local laws exist to protect bicyclists. However, devastating accidents still occur between cars and bicycles in Houston.
Our injury attorneys at Haun Mena stand ready to assist you with important information about cycling accidents. We can share how our Houston bicycle accident lawyers can help you recover damages that resulted from the negligent actions of others.
How Do Houston Bicycle Accidents Happen?
While Houston does provide safe areas for cyclists, accidents involving cars and bicycles are still possible. The Texas Department of Transportation reports that, in 2022, more than 2,000 cyclists experienced accidents with motor vehicles and nearly 100 people lost their lives in such crashes. While each accident has its own circumstances, many occur due to common situations, including:
- Driver’s inattention
- Cell phone use in the vehicle
- Driver’s failure to share the road
- Speeding
After a bicycle accident, a Houston bicycle accident attorney from our office can guide you through building a personal injury case.
What Injuries Do Houston Cyclists Experience Most Often?
When cars and bicycles collide, the individual riding the bike usually receives the most serious injuries. The severity of the wounds may vary due to several factors, including:
- Speed of the car
- Size of the vehicle
- Location of the accident
During an accident, cyclists could fall off their bikes and strike pavement or concrete, which can cause skin trauma. An unexpected accident can also cause whiplash and damage to the spine. Head injuries occur quite often, as a helmet may fail during an accident that involves motor vehicle speeding. Cyclists often experience traumatic brain injuries during these accidents.
Broken limbs and internal injuries may also occur during a Houston bicycle accident. The symptoms of some injuries, such as brain hematoma and internal bleeding, may not present themselves until hours or even days after an accident. Our attorneys here at Haun Mena can review your injuries and build a case based on driver negligence.
What Rights Do Houston Cyclists Have?
Individuals who operate bicycles have the same rights as those who drive motorized vehicles. This means cyclists have intersection rights, whether guided by street lights or stop signs. For example, if a bike and a car approach an intersection at the same time, the vehicle on the right has the right of way.
Houston cyclists also have the right to the duty of care, which means the use or enjoyment of an environment with the expectation that those around them will not act in a negligent or careless manner in a way that could cause injuries.
Our attorneys can seek punitive damages based on the degree of carelessness the driver exhibited. For instance, if an individual at a bar down the street decided to get behind the wheel while knowingly intoxicated and struck a cyclist at the corner 10 minutes later, the motorist failed in his or her duty of care.
What Steps Can Injured Cyclists Take After an Accident?
As a survivor of the trauma from an accident, you may feel vulnerable and unsure about the future. Preserving items from the scene of the accident and calculating how the accident affected wages, both present and future, may reduce feelings of anxiety.
Insurance companies may want to settle out of court with a financial award, especially when photos and police reports show that the driver of the vehicle caused 100% of the damage. This can include both bodily injury and property damage. You can have your bike appraised, according to its condition at the time of the accident, to prove its value.
What Documents Can Strengthen a Houston Bicycle Accident Case?
When you decide to speak to our attorneys, providing useful documents can guide them when building the basis of a case. During an initial consultation, our attorney reviews the information and documents that you provide, such as police reports, witness testimonies, medical reports and letters from an employer regarding wages and hours lost due to the accident. This creates building blocks for a solid case.
Because Texas is an at-fault state, the burden of proof lies with the plaintiff. Our attorneys can refer to these documents as the case moves ahead. You can also provide documentation in the form of emails and texts, which can support claims of when and how any insurance representatives contacted you.
How Can a Houston Bicycle Accident Lawyer Assist Injured Cyclists?
After a cycling accident in Houston, you may not know where to turn for assistance as you face mounting medical bills and other costs relating to your treatment. Attorneys from our office can step in and provide a variety of services as they begin to build a case.
Assistance with insurance company communication
When cycling accidents happen and injuries occur, drivers can contact their insurance representatives directly from their smartphones and even send photos of the damage to their vehicle. Texas follows at-fault rules when crashes occur, which means the individual who caused the damage must pay for any medical bills and ruined property. Our attorneys can represent you in matters relating to the insurance company, including by fielding calls and letters from the insurer, so you can heal from your injuries with greater peace of mind.
Finding and speaking to witnesses
To build a bicycle accident case, an attorney will likely speak to any witnesses after retrieving their information from a police report. Witness accounts can build a strong foundation for a bike accident lawsuit, especially when driver wrongdoing contributed to the incident. Witnesses can attest to whether the driver of the car was using a cell phone or if he or she turned illegally in front of the cyclist at an intersection.
Reviewing accident scene photos
Our bicycle accident attorneys can gather photos and video from the day of the accident and use the information within to prove driver wrongdoing. Photos can provide information about the direction the motorist was traveling in and whether he or she failed to share the road with the injured bicyclist. Photos can also verify witness account facts, such as the time of day and location of the accident.
Assigning value to a case
After an injury in a Houston bicycle accident, you may struggle to place a value on your injuries and understand what types of damage you can ask for in a court case. Our experienced attorneys can review the case and assign a monetary value to injuries, property damage and more.
How Much Is a Cycling Crash Injury Worth?
A Houston bicycle accident lawyer from our office assigns a dollar value to a case based on a variety of factors. Each case has its own unique circumstances, but our attorney considers all angles when assigning a dollar value.
Medical costs
One of the most relevant factors in determining how much compensation you should receive after your Houston bicycle accident is the medical cost of the injuries. This may include the costs of on-site treatment at the time of the accident, ambulance or other medical transportation, emergency treatment, medications and time spent recovering at a hospital. Other costs might also include medical equipment, such as wheelchairs, braces and grab bars.
Lost wages
Lost wages can include both the wages lost in the days or weeks after the incident and the inability to make future earnings as well. If an accident affected your ability to work at an established trade, this could also affect potential future earning power.
Future medical care
Some injuries that occur during cycling crashes could change your life forever. You might receive injuries that limit your mobility or need physical therapy after a crushed or lost limb. The cost of future medical care may also include home nursing assistance.
Mental anguish
Not all cycling injuries are visible on the surface. Long after the crash, you may experience anxiety, depression and sleep disturbances. Traumatic memories may prevent you from practicing positive coping skills. You may be able to seek compensation for the cost of medication and therapy that you need for the treatment of new or worsening mental illness related to the accident.
Property damage
After a bicycle accident in Houston, there may be damage to your bicycle, biking accessories and any other items on your at the time of the crash. This may include smartphones and other small electronics.
How Can Injured Cyclists Protect Themselves During a Case?
While our Houston bicycle accident attorneys shield will shield you from harassing insurance company phone calls, you can take a few simple steps to protect yourself as the case moves ahead. You may want to avoid discussing the case in public, especially on your social media accounts. Posting photos of damaged property and injuries online can compromise a case and start rumors that could affect your credibility in court.
You can also avoid future trouble by avoiding contact with the defendant or his or her insurance company representatives. This includes text threads, even if the defendant seems sympathetic. Any type of communication may become evidence for the defense.
Contact a Houston Bicycle Accident Attorney Today for Assistance
As you recover from your cycling accident, you may feel you face an uncertain future as you attempt to seek compensation for the damages you endured, but our Houston bicycle accident law firm can offer you guidance and peace of mind. Reach out today by phone or through our online contact form to learn more about how Haun Mena can assist you.
FAQs About Bicycle Accident Cases
Do bicycle riders always have the right of way in Texas?
No. Bicycle riders in Texas follow the same rules of the road as other motorists. They must yield according to signage and traffic lights and approach intersections slowly before yielding or continuing on.
What time of day do most bicycling accidents occur?
Most cycling accidents happen between dusk and about 9 p.m. Changes in visibility can make cyclists difficult to see. Wearing reflective patches at and after dusk can reduce the risk of a cycling accident.
Why do cycling accidents happen at Houston intersections so often?
Many cycling accidents occur at intersections because of a right-of-way error. When motorists do not yield to those on bicycles, a collision can happen in the middle of the intersection. Another common reason for these accidents occurring at intersections is driver inattention. Drivers may take a stop as an opportunity to read that new text or sip their drinks and fail to see the cyclist crossing the street before they accelerate.
