Hit Riding Your Bike? Know Your Legal Options

Cycling is a fun hobby and active form of transportation. However, bikes and cars are a dangerous combination. After all, a vulnerable cyclist has relatively little protection during a collision with a larger, heavier vehicle.

Texas and the Houston Metro area have a tragic history of car-bicycle crashes. In 2019 alone, Texas reported 2,547 car wrecks involving a bike rider, resulting in thousands of injuries and 68 deaths. And over the past decade, more than 27% of Texas’ bicycle crash deaths occurred in the Greater Houston area.

While catastrophic bicycle crashes happen too often in and around Katy, TX, that doesn’t mean you don’t have legal options. You shouldn’t have to suffer alone—and the personal injury lawyers at Will Adams Law Firm want to help.

The moments after getting hit by a car while biking are often disorienting and filled with pain and uncertainty. It can be hard to know what to do, how to do it, and why.

We never want you to put yourself in harm’s way after a bicycle accident. However, if you’re able, there are steps you can take to protect your future, your legal rights, and your ability to collect compensation for your injuries. Here’s where to start:

• Call 911: The responding police officer will create a police report outlining the details of the crash that will support your claim later.
• Get medical help: If you or anyone else involved in the crash is hurt, don’t wait to get help. Call an ambulance or go the hospital right away.
• Take down witness contact information: If anyone saw the crash, write down their phone number and contact information if you can. They’ll play a vital role in supporting your injury case later.
• Get the car driver’s information: Write down the name of the motorist who hurt you, their insurance information, and contact information, including phone number. If you’re involved in a hit-and-run accident, try to write down everything you remember about the vehicle, like its make, model, color, and license plate number.
• Take pictures: While it’s not always safe or possible to do so, taking pictures of the crash scene, your bike, their car, the road, weather conditions, and anything else that seems relevant to the crash can only help your case later. No camera? No problem! A cellphone camera is good enough.

Bicycle crashes can be very different from car accidents. One of the most upsetting differences is when the driver of the car feels entitled to leave the scene of the crash without checking to see if the bike rider is all right or taking any responsibility for their actions.

If you or someone you love was hit by a driver that didn’t stop, don’t wait to contact a personal injury attorney. While hit-and-run cases can be incredibly difficult, you still have rights and options.

Don’t Repair or Throw Away Your Damaged Gear After a Bike Accident

It’s understandable that, after a crash, injured people want to forget and move on as soon as possible. For this reason, it can be tempting to get rid of painful reminders of the crash, including your damaged bicycle, helmet, and soiled clothing. However, these items can be valuable evidence in your case; don’t get rid of, replace, or repair them until you’ve show them to your attorney and they tell you that you can.

What if I Wasn’t Wearing a Bicycle Helmet During the Crash?

While bicycle helmets can reduce some injuries, they aren’t perfect—and can’t protect you from every life-threatening condition. Currently, Texas does not have a statewide bicycle helmet law, although Houston does require children wear helmets while biking.

If the insurance company is blaming you for your injuries due to a lack of protective gear, call our law firm right away. While not wearing a bike helmet might trigger Texas’ comparative fault rules, you can fight back. Our team carefully investigates bicycle crashes, consulting with physicians and experts to uncover their real causes.

RELATED: Hurt in a Texas Car Accident? Here’s What to Do

When a driver breaks the rules of the road or acts negligently, they are liable for you or a loved one’s injuries. Common causes of bicycle crashes include:

• Distracted driving, including texting while driving
• Improper lane changes
• Failing to look out for other road users, like cyclists
• Not keeping a proper stopping distance
• Drunk and drugged driving

However, motorists often try to blame bike riders, arguing that they “came out of nowhere” or weren’t perfectly following the rules.

To get the compensation you deserve, you’ll need to file an insurance claim or a personal injury lawsuit against the at-fault parties. While a reckless driver is often the cause of a car-bicycle crash, others might have contributed to your wreck, including manufacturers of defective or dangerous car or bicycle equipment, bars or restaurants that overserved a drunk driver, and even property owners that did not adequately protect vulnerable road users.

As part of your legal claims, you will demand compensation for your damages, including:

• Medical bills and expenses
• Medications and assistive devices you need, including crutches and wheelchairs
• Therapy bills
• Lost income and wage-earning capacity
• Pain and suffering
• Costs associated with repairing or replacing your bicycle and other damaged property
• Replacement services if you can no longer perform daily chores and other routine tasks
• Improvements you need to make to your home or vehicle due to your injuries, such as ramps and lifts
• Funeral and burial costs
• Punitive damages, if the at-fault driver acted intentionally or recklessly

While it’s possible to file a successful claim with the responsible driver’s insurance company, many people struggle to get fair compensation. This is because the insurance company’s main job is to make money, not ensure injured people receive fair settlements.

When the insurance company refuses to make a fair offer, your attorney can step in and demand fair compensation that covers your bills, medical costs, and other needs. And if they still refuse, you and your lawyer can prepare an injury claim to hold the responsible parties accountable.

We know that the journey to recovery after a bike accident is often long and difficult. Getting the compensation you need to get your life back on track shouldn’t have to be a fight, especially when the crash wasn’t your fault. When you trust the experienced team of personal injury attorneys at Will Adams Law Firm with your case, we’ll fight for your rights with dignity, empathy, and respect.

Get started today by scheduling a complimentary case. We’ll meet with you privately to learn more about what happened and offer sound legal advice about what to do next.

Fill out this simple online contact form or give our office a call at 1-800-559-0593.