Can I Sue for My Bicycle Accident Even if the Motorist Didn’t Hit Me?
If a motor vehicle caused you to lose control of your bicycle thereby causing you injury, you may be entitled to damages even if the vehicle never struck you.
How Do Bicycle Accidents Occur?
In truth, most bicycle accidents are avoidable and are the result of negligent and reckless motorists. When struck by a car or truck, bicyclists can suffer broken bones, internal organ injuries, spinal injuries, traumatic brain injuries, and even death. However, even instances in which the bicyclist is not struck can result in catastrophic injury.
Among the leading causes of bicycle accidents are:
- Drivers backing out of driveways without looking for bicyclists
- Drivers turning (left or right) without checking for bicyclists approaching
- Drivers ignoring traffic signs and speed limits
- Driver failing to yield the right-of-way to bicyclists on the road
- Drivers operating a vehicle while drunk or impaired
What Can Motorists Do to Prevent Bicycle Accidents?
The first thing motorists must realize is that Texas law grants bicyclists the same rights and protections as a person driving a motor vehicle, including right of way. As such, drivers should:
- Allow for ample space before pacing a bicyclist.
- Check mirrors and blind spots for bicyclists before attempting a turn.
- Check for bicyclists when backing out of a drive way.
- Check for oncoming bicyclists when pulling out of a parking lot.
- When parking on a street, make sure no cyclists are approaching before you open your door.
- Yield to a bicyclists whenever they have the right of way.
What Should I Do If I’ve Been 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.
