People ride their bikes in Dallas for a variety of reasons. Some people just like to get fresh air and some exercise. Other people look at it as a way to get around. You may ride your bicycle to work. Or, you may be a competitive cyclist. Regardless of why you ride your bike, you have the right to be safe while on the road. If you get injured in an accident, then the best thing to do is talk to an experienced Dallas bicycle accident lawyer.
As much as we’d love to pretend that drivers like to share the road with cyclists, that truth is that most motorists don’t pay attention. They’re focused on the car ahead of them, or they’re distracted. When they do this, they don’t see you. The next thing you know, you’re getting hit by a car. Your car is twisted on the side of the road, and so is your body. When people do this, they need to be held responsible.
In order to prove that the defendant in your bicycle accident lawyer is liable, you need to prove negligence. If your Dallas bicycle accident lawyer can do this, then there’s a good chance you’ll receive the compensation you deserve. The good news is that the lawyers at TorkLaw have the experience and knowledge to help do this.
Proving Negligence in Texas Bicycle Accident Cases
In order to get you any money, your Dallas bicycle accident lawyer needs to be able to prove that the defendant was negligent. To do this, they need to show four (4) elements:
- The defendant owed you a duty of care – This isn’t difficult to prove. Even though you’re on a bike, the defendant still owes you the same duty of care as they would another driver. At a minimum, they need to obey all of the traffic laws and rules of the road.
- They breached this duty – This is typically the hardest thing for your attorney to prove. You need to show that the defendant did something that a reasonable driver wouldn’t do.
- You were injured – In order to get damages, you need to prove that you were hurt. Your injuries can be physical or financial.
- Your injuries were caused by the defendant’s breach – It’s not enough that you were hurt. You need to prove that the accident was the direct cause of your injuries.
If your lawyer can prove all of these elements, then you will be entitled to damages. The only question is how much you may be entitled to. Our Dallas bicycle accident lawyer can go over this with you during your initial consultation.
Why Do So Many People Get Into Bicycle Accidents in Dallas?
The Dallas bicycle accident lawyers at TorkLaw handle their fair share of these cases. They’re not surprised at all by how many people in Texas get injured in bicycle accidents. One of the leading causes of these crashes is that drivers simply don’t pay attention. By the time they realize a biker is in their path, it’s too late. This is why Dallas has declared May as bicycle awareness month.
There are many reasons people get into bicycle accidents. However, some of the more common include the following:
- Failure to yield
- Not riding in the bicycle lane
- Crossing in the street without a crosswalk
- Improper crossing
- Not having proper lighting or reflectors on the bicycle
- Not seen by a motorist
As you can see, a lot of our clients are found to be partially at fault for their accident. That’s because it’s very rare for anyone party to be 100% at fault. The good news is that, in Texas, they follow a comparative negligence rule. This means that, even if you are partially at fault, you can still collect damages. The amount of damages will just be reduced by your percentage of fault.
Dallas Bicycle Accidents – Damages You Can Collect
Bicycle accidents tend to be quite serious. A human body simply can’t withstand the impact of a car or truck. That’s why a lot of our clients are entitled to significant damages. Depending on the seriousness of your injuries, you may be entitled to some or all of the following:
- Medical bills
- Future medical bills
- Property damage
- Lost income
- Lost future income
- Pain and suffering
- Permanent disability
There’s no way for us to tell you how much your case is worth without first meeting with you. That’s why TorkLaw offers our clients a free initial consultation. This gives you a chance to sit down with one of our seasoned attorneys and tell your story. They can review your case and get a better feel for how strong it is. They can also give you an idea of what your case might be worth.
You Can Still Collect Damages if You’re Partially at Fault
As we said before, even if you’re partially at fault, you can still collect damages. You just want to make sure you’re not found to be more than 50% at fault. In cases where the plaintiff is more at fault than the defendant, it’s hard to convince a judge that you deserve compensation. However, most bicycle accident lawsuits settle long before trial. Your Dallas bicycle accident lawyer is going to work hard to settle your case, so there’s no need for legal action.
Call TorkLaw and Talk to a Bicycle Accident Lawyer if You Need Help
Very few people realize they need a Dallas bicycle accident lawyer until they’re lying in the hospital. When you’re hit by a car while riding your bike, you’re going to suffer serious injuries. You may be entitled to damages. Since each case is unique, we ask that our clients come into our office and talk to a lawyer as soon as possible. This way, we can get a feel for how strong your case is and how it may proceed. Call today and schedule your initial consultation. It costs you nothing, and you don’t have to pay until you settle your case.