Can I Still File a Bicycle Accident Lawsuit Even if I Violated the Law or Received a Ticket?
In Texas, receiving a ticket or citation for a bicycle accident does not necessarily preclude you from bringing a claim against a reckless or negligent motorist. Issues like this are determined based on comparative fault.
What is Comparative Fault?
Comparative fault is used to determined responsibility for accidents in which multiple parties may have been at fault. Generally, each negligent party is assigned a percentage representing how much at fault they are for an accident. They are then liable for that percentage of the damages.
As such, even if a bicyclist was acting inappropriately during an accident, they may still recover damages provided that a motorist, a pedestrian, another bicyclist, or a property owner contributed to the accident and the bicyclists’ injuries.
It is important to note that if a jury decides you are 51% responsible for your own injuries, you are not eligible to recover damages.
How Do Bicycle Accidents Occur?
Bicycle accidents are oftentimes caused by inattentive, reckless, and negligent drivers. Bicyclists can suffer serious injuries when drivers:
- Back out of driveways without looking for bicyclists
- Turning (left or right) without checking for bicyclists approaching
- Ignore traffic signs and speed limits
- Fail to yield the right-of-way to bicyclists on the road
- Drive drunk or impaired
What Should I Do If I’m Involved in a Bicycle Accident?
Your actions immediately following a bicycle accident are important. In the case of any motor vehicle accident, it is paramount that evidence is preserved and an experienced bicycle accident lawyer is contacted. If you have been in a bicycle accident, follow these five steps.
- File a police report. Even if you do not think you are injured at the time of the accident, you may feel the effects hours or days later.
- Obtain driver and witness contact information. Be sure to get this information even if police have already included it in their report.
- Document what happened. Take pictures at the scene. As soon as possible after the accident, write down everything you can remember about what happened.
- Preserve evidence. Don’t get your bike fixed or replace your helmet.
- Decide how to proceed. If you decide to hire a bicycle accident attorney, do not talk to any insurance company until you have spoken with your attorney.
Contact an Experienced Bicycle Accident Attorney
If you or a loved one have been injured in a bicycle accident involving a motor vehicle, contact Thomas J. Henry. Our experienced automobile and bicycle injury lawyers have handled a multitude of accident cases and have achieved record-breaking, real results for injured clients. We ensure that you are in the best position possible to achieve the maximum amount of compensation for your case. You can recover compensation for medical expenses, your pain and suffering, and lost wages form missing work. Our injury attorneys are available 24/7, nights and weekends to evaluate your claim. Contact us today for a free case review.
