Personal Injury Archives - Page 4 of 4 - Will Adams Law Firm PLLC

What Happens if a Car Hits a Pedestrian in Texas (and How Much Is My Case Worth)?

November 2, 2021/by Will Adams Law Firm

Pedestrian accidents are highly likely to be catastrophic—even at relatively low speeds. Out of 4,844 car-pedestrian accidents in Texas in 2020, at least 1,107 involved confirmed serious injuries, such as broken bones, traumatic brain injuries, or disfigurement. At least 719 resulted in a fatality.

If you’ve been hurt in a pedestrian accident, or someone you love has been hurt or killed, you may be entitled to significant compensation for your losses. However, navigating the laws surrounding pedestrian accidents and calculating a “fair” settlement isn’t always a straightforward process. And if your losses are severe, the last thing you’d want is to settle for an amount that’s far from adequate to meet your long-term needs.

In this blog post, we’ll take a close look at how the law treats car-pedestrian accidents, what kind of compensation you could receive, and why hiring a personal injury attorney can help protect your rights and maximize your settlement or verdict.

Pedestrian Accident Claims in Texas: Who Pays?

In Texas, filing an insurance claim as an injured pedestrian—and the types of insurance available to cover your damages—is very similar to those who are involved in more traditional two-car accidents.

Since Texas is a tort state, the at-fault party bears the primary responsibility for paying medical expenses, wage losses, pain and suffering, and any other applicable damages related to the crash. If you were a pedestrian hit by a car, and the accident was not your fault, you would typically file a claim against the at-fault driver’s insurance company.

However, this is not the end of the story for many pedestrians. If the driver is uninsured (which is true for around one in six Texas drivers) or you’re the victim of a hit and run, there’s no source of liability insurance for you to make a claim against. And even if the driver is insured, Texas only requires a minimum of $30,000 in liability coverage per person (or $60,000 total for an auto accident with multiple victims). Since pedestrian accidents are often severe or fatal, this figure may be woefully inadequate to cover your damages.

Fortunately, there are other potential sources of insurance you may be able to turn to. If you have uninsured and underinsured motorist coverage (UI/UIM) or personal injury protection (PIP) on your own auto insurance, these policies could apply to your situation even though you weren’t in your car when the accident occurred.

A pedestrian accident attorney can help you identify all potential sources of insurance coverage so that you can receive the largest settlement possible.

Can a Pedestrian Be at Fault in an Accident?

Yes. Even in pedestrian accidents, the driver of the automobile isn’t always 100% liable. Often, fault is shared between the driver and the pedestrian. In rare cases the pedestrian hit by a car may even be primarily or entirely liable.

For example, a pedestrian could be held at least partially liable if they:

Clearly failed to follow right of way rules
Ignored crosswalk directions
Was jaywalking
Suddenly darted into the road (for example, while intoxicated)
Was walking in an area where pedestrian access is restricted or prohibited

That said, the driver will often share responsibility as well—for example, if the were speeding, or distracted at the wheel.

How Texas Law Affects Your Pedestrian Accident Case

Texas is a modified contributory negligence state. You can only recover financial compensation to cover your losses if you’re found to be 50% or less at fault for the accident. Furthermore, the amount of damages you can recover are reduced by your share of fault. For example, if you’re claiming $100,000, and a jury finds you 25% responsible, you can only recover $75,000.

Personal injury cases where fault is shared or unclear are frequently contentious and often take longer to resolve. Working with an experienced personal injury lawyer can help you protect your legal rights and work toward a fair resolution.

What Is an Average Settlement for a Pedestrian Hit By Car Accident?

Talking about average pedestrian accident settlement values isn’t really all that useful, simply because the range of possible outcomes is so vast. Every pedestrian accident case is unique, and the ultimate amount that the case will settle for is depending on a huge number of factors.

Some of the factors that go into calculating a fair settlement amount includes:

Your medical bills—both those you’ve already received, and those that you’re likely to receive in the future.
The total value of your projected lost wages, now and in the future.
Non-economic damages, such as pain and suffering or emotional distress. These are more likely to be added if your injuries have a significant, long-term impact on your quality of life and daily routine (for example, keeping you from enjoying hobbies or altering the nature of your previous relationships).
Punitive damages, if the driver engaged in especially reckless or malicious behavior like excessive speeding or driving drunk.

As discussed above, the size of your payout may also be limited by the percentage of fault that you share for the accident, as well as the combined policy limits of any insurance policy that is available to you.

Trying to calculate a fair settlement value without the help of an experienced attorney can be particularly difficult. While current medical bills are easy to calculate, future economic losses are uncertain, and pain and suffering losses are subjective.

If you accept a settlement offer, you will give up your right to negotiate or sue for more compensation later. For this important reason, making sure you’re getting a fair deal is extremely important. You don’t want to be in a position where your settlement check has run out but you’re still struggling with the consequences of your injury five or 10 years down the line.

What if a Loved One Was Killed in a Pedestrian Accident?

If a pedestrian accident results in a fatality, close family members (or in some cases the estate of the deceased) may be able to file a wrongful death claim. In Texas, specifically, the spouse, parents, or children of the deceased are eligible to file together or separately. If none of these individuals file within three months, a case may be filed by the person representative (or executor) of the deceased’s estate.

Wrongful death cases are similar to personal injury cases in many ways. A wrongful death claim can include:

Medical treatment expenses incurred before death
Lost wages, earning capacity, or inheritance that the deceased would have been able to provide
Loss of care, guidance, or companionship
Pain and suffering experienced by loved ones of the deceased as a result of the death
Punitive damages

Again, while there’s no way to truly replace a loved one, calculating “fair” compensation for wrongful death under the law can be extremely difficult without an experienced wrongful death attorney to advise you.

What if the Accident Results in Criminal Charges?

Pedestrian accidents often lead to arrests and criminal charges or proceedings. This is true if the crash resulted in a death, or alcohol was involved.

It’s important to understand the criminal charges or trials are not related to civil proceedings, such as personal injury and wrongful death. Injured individuals or family members of the deceased receive no compensation for a criminal case. If you want compensation, you must file a civil lawsuit.

You should also understand that a verdict or guilty or not guilty in a criminal case does not necessarily guarantee the success or failure of a personal injury or wrongful death case. Again, these are separate kinds of cases tried in separate courts. The standard of proof is also different—in criminal cases guilt must be established “beyond a reasonable doubt,” whereas in civil cases the plaintiff must only prove that fault is more likely than not.

Will Adams Law Firm works exclusively with civil cases. We cannot help you with any criminal proceedings, but we can help you fight for fair compensation if you’ve been hurt by someone else’s negligence.

Hit By a Car? Let the Will Adams Law Firm Team Help

If you or a family member were hit by a motor vehicle as a pedestrian, you deserve experienced legal representation and a pedestrian accident lawyer who can help you navigate personal injury claims processes, negotiation with insurance company adjusters on your behalf, and fight for fair compensation—whether it comes through an injury settlement or a verdict at trial.

At a time like this, you should be focused on your health and recovery, and not on whether or not you’re getting a fair deal from the insurance company.

Our lawyers fight for seriously injured people throughout Texas and stand up for what’s right. Your case review is always free, and because we work on a contingency fee basis you never pay up front or out of pocket. If we do not recover a settlement or win at trial for you, there is no fee.

To request your free consultation, call us today at (281) 371-6345 or complete our simple online form.

References

Texas Department of Transportation (2021). Pedestrian and Pedalcyclist Injuries and Crashes 2020. Retrieved from https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2020/07.pdf

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Did I Get a Brain Injury After My Motorcycle Crash?

September 28, 2021/by Will Adams Law Firm

Some of the most serious and devastating personal injury cases we handle involve motorcycle accidents. Without the added protection of an enclosed vehicle, bikers are particularly vulnerable to life-changing injuries and impairments after an auto accident.

But not all motorcycle crash injuries are obvious on the outside. A traumatic brain injury, or TBI, can keep you from enjoying your life just as easily as a broken arm or torn muscles and tendons.

Head injuries aren’t always obvious in the first few hours or even days after an accident. But if you suspect there’s even a chance you’re suffering from a TBI, make sure you seek medical attention immediately. Then, speak with an experienced Texas motorcycle accident lawyer. Getting your injuries documented and treated as soon as possible can significantly improve your odds of a successful recovery—both medically and financially speaking.

Keep reading to learn more.

5 Signs You Might Have a Brain Injury After Your Motorcycle Crash

The human brain is an extremely complex organ, directly involved in controlling or regulating almost every body function—memory, emotional control, motor skills, language skills, all your senses, and so much more.

For that reason, the symptoms of a TBI can vary wildly from person to person, depending on what region of the brain has been injured, as well as the severity of the injury.

Keep an eye out for these possible indications you may have a TBI:

1. You Hit Your Head or Suffered Whiplash in the Crash

Simply hitting your head doesn’t guarantee that you’ll suffer a TBI. But head trauma, or having your head and neck whip violently, is a common precursor to these types of injuries—particularly if you experienced a loss of consciousness during or after the accident.

It’s important for bikers to understand that motorcycle helmets don’t necessarily protect against TBIs. Helmets are great at defending the skull against external traumas, such as skull fractures. But many TBIs (particularly concussions) are the result of collisions between the brain and the inside of the skull, often due to rapid acceleration or deceleration of the head. So, if you got in an accident while wearing a helmet, it’s still possible you have a TBI from the crash.

2. You’re Experiencing Pain or Sensory Issues

In many cases, TBIs can directly cause physical pain or disturbances to your senses. Common symptoms that you might experience after a TBI or concussion include:

Headaches
Nausea
Dizziness
Blurry vision
Difficulty with balance or coordination
Oversensitivity to light or noise
Ringing in the ears
Changes in your sense of taste and smell
Seizures or convulsions

If you have any of these symptoms, go to the doctor as soon as you can.

3. You’re Having Cognitive Difficulties

The brain is critically important for thinking, processing and remembering information. If you’re worried that you or someone you love may have a brain injury, look for signs such as:

Memory loss
Slurred speech
Difficulty concentrating

Even symptoms like constantly feeling confused, disoriented, or even just “foggy” can be signs of a brain injury.

4. You’re Experiencing Social or Emotional Distress

Your brain is a big part of who you are, how you act and behave, how you interact with others, and how you manage stress and emotions. When certain areas of the brain are damaged, you may experience social or emotional struggles such as:

Mood swings and general loss of emotional control
Feeling depressed, anxious, or sad
Feeling constantly irritable or agitated
Personality changes

5. Your Sleep Habits Have Changed

Sleep disorders are extremely common among people who have suffered brain injuries—by some estimates, more than 60 percent of people with TBIs develop long-term sleep difficulties.

Some of these issues can include:

Difficulty falling or staying asleep (insomnia)
Excessive sleeping
Extreme sleepiness or drowsiness during the day, and sometimes even falling asleep suddenly and unexpectedly (narcolepsy)
Other significant changes in sleeping patterns

What to Do If You Suspect You or Someone You Love Has Brain Damage

First, we strongly encourage all motorcyclists to seek out medical examination and care as soon as possible after an accident, even if symptoms seem minor and tolerable at first.

Should your injuries prove to be more severe than you first realized, getting that early checkup can be massively helpful for your recovery. It also protects you in case the insurance company tries to use the fact that you didn’t seek medical care right away as evidence that you’re exaggerating your injuries. (This tactic, sadly, is extremely common in TBI cases.)

Next, contact a personal injury attorney with experience representing motorcycle riders and motorcycle accident victims as soon as you’re able. The insurance company will want to settle as quickly as possible, for as little as possible, and if you aren’t properly represented you could wind up making costly mistakes.

How a Motorcycle Accident Attorney Can Help You Protect Your Rights

In many ways, brain injury cases can be much more complicated than other types of injuries.

The symptoms of a brain injury can be debilitating, long-lasting, and cause substantial pain and suffering and mental anguish. In addition to medical bills, the constant headaches, inability to concentrate, and memory loss can make it nearly impossible to continue life as normal. Long-term care is often required—potentially for the rest of your life.

If you’ve suffered a TBI in an accident that wasn’t your fault, you absolutely deserve to be compensated to the fullest extent allowable under the law for these very real losses.

Accurately calculating the long-term economic costs and non-economic pain and suffering resulting from a TBI is not a simple matter. You can bet the insurance adjuster is going to work as hard as possible to keep your payout as small as possible.

Successfully proving your case may require special medical testing, multiple expert witnesses, the testimony of multiple close friends and family members, and more. You may also need to overcome persistent, unfair biases against motorcyclists when determining fault in an accident.

Managing all these complex factors can be overwhelming for someone without legal experience—particularly one just trying to heal from their injuries. By enlisting the help of an experienced personal injury lawyer, you not only greatly increase your chances of getting a fair settlement or trial verdict, but can also put your focus where it needs to be: healing.

Will Adams Law Firm Fights for Injured Bikers

For more than 25 years, the Will Adams Law Firm has been fighting (and winning) for individuals injured in motor vehicle accidents, including bikers and motorcyclists. We work tirelessly to keep negligent drivers, truckers, and companies accountable for their actions and get our clients the compensation they deserve. If the insurance company isn’t willing to offer a fair settlement, we’re more than able to take them on at trial.

Although the effects of a severe traumatic brain injury can’t always be undone, you should not have to continue paying for someone else’s careless or reckless mistake. Call us today at (281) 371-6345 or complete our simple online form to request your free consultation today.

References

Model Systems Knowledge Transition Center. TBI Fact Sheets: Sleep and Traumatic Brain Injury. Retrieved from https://msktc.org/tbi/factsheets/sleep-and-traumatic-brain-injury

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

How Long Do I Have to File a Personal Injury Claim in Texas?

July 13, 2021/by Will Adams Law Firm

If you or someone you know has been injured in a car accident, commercial vehicle wreck, or another incident because of someone else’s negligence, you only have a limited time to file a legal claim and demand compensation. Once this time passes, the courts may dismiss your lawsuit, making it impossible to get compensation for your physical, emotional, and financial losses.

In this blog, we’ll discuss what the phrase “statute of limitations” means, how long you have to file a personal injury claim in Texas, and why you should contact the skilled attorneys at Will Adams Law Firm for help navigating your case.

What Is a Statute of Limitations?

The statute of limitations is the maximum length of time you have to file a lawsuit. State set different timelines for different types of cases. If you have a legal claim under Texas law, the following deadlines might apply:

Personal injury: two years from the date of the incident (such as the date of your car accident)
Wrongful death: two years from the person’s death
Cases against the government: provide notice within six months of the time of injury

In certain types of cases, like product liability claims involving a dangerous or defective device, other technical rules, like statutes of repose, can impact your claim’s time limits. When in doubt, consult with an experienced personal injury lawyer—they can help you ensure that your lawsuit is filed in time.

If you miss your deadline, you might lose your right to compensation.

For example, suppose you file a personal injury lawsuit three years after your car crash. You got busy and just didn’t file your lawsuit within the two-year window. While the clerk will accept your documents and filing fee, the insurance company’s lawyer could quickly file paperwork with the court, called a motion for summary judgment. This document will explain how you missed your filing deadline and asks the judge to dismiss your case. Unless you fall into a rare exception, the judge might grant this request—ending your legal claims.

Are There Exceptions to the Two-Year Statute of Limitations in Texas?

Yes, but they are relatively rare. The most common reasons to extend Texas’ statute of limitations involve:

Minors: The statute of limitations is tolled (or paused) until an injured child turns 18. Then, they have until they are 20 years old to file their claim. If a minor dies in the incident, their next of kin is not eligible for this tolling provision.
People who are mentally incompetent: if you are of “unsound mind,” the statute of limitations might be paused until you are mentally competent.
Negligent party leaves Texas: if the at-fault party leaves the state and cannot be found, you can toll (or pause) the statute of limitations until they return to Texas.

In most cases, you should assume that there is a two-year filing deadline for your personal injury claim.

If you already filed an attorney to help with your claim, and they failed to file your lawsuit on your behalf before the statute of limitations elapsed, you could be eligible to file a legal malpractice claim.

When Should I Consult With a Personal Injury Lawyer?

Two years might sound like a lot of time, but you should contact a lawyer long before your statute of limitations expires.

First, as time passes, memories will fade and evidence will disappear. If you wait a year or more to contact a lawyer, you might miss out on valuable information that could strengthen your case. For example, trucking companies only have to hold on to the drivers’ logbooks, maintenance records, and GPS data for a limited amount of time. This information, which can pinpoint the company’s errors and missteps could be long-gone if you wait too long.

Second, it takes time to build a strong legal strategy. Our lawyers might need to do detailed legal research, consult with expert witnesses, talk to your doctors, order medical records, and interview witnesses. It’s not a good idea to rush this process—and the more time we have, the better.

Contact Will Adams for Assistance With Your Complex Personal Injury Case

A personal injury can have severe and prolonged effects, and a wrongful death leaves the victim’s friends and family devastated and forever changed. And while you can never undo the wrong done to you or your loved one, filing a successful personal injury claim is the closest you can get to achieving justice on their behalf.

If you’ve been injured as a result of another person’s negligence, you should contact a proven and experienced personal injury attorney to help file your claim. With the amount of evidence collection, witness testimony, depositions, and medical treatment involved in your claim, things can get very complicated very quickly. A skilled lawyer can handle all of this and more and even take your case to trial if the insurance company fails to offer a fair settlement offer.

At Will Adams Law Firm, we have helped thousands of personal injury victims recover just compensation. Please call (281) 371-6345 or complete this brief form today to schedule your free consultation where we can discuss the details of your claim, offer sound legal advice, and begin building your case.

How Will Texas Motorcycle Laws Affect My Personal Injury Case?

June 7, 2021/by Will Adams Law Firm

Getting in a motorcycle crash is terrifying, and even more so when you’re uncertain about how the laws affect your future and your case. Unfortunately, the Greater Houston area ranks near the top of the list for fatal and serious motorcycle wrecks.

Texas law is meant to protect people who’ve been hurt because of other driver’s bad choices, but when insurance companies and other people want to avoid taking responsibility for their actions, they can try and use these laws to deny you the compensation you deserve.

In this blog, we outline what you need to know about Texas motorcycle law, how it affects your case, and what you can do next to protect yourself and your future.

State of Texas Motorcycle Law: The Basics

If you ride a motorcycle in Texas, you’re probably familiar with the basics of motorcycle law, which are different from those that apply to other motor vehicles. It’s important to understand these state laws to be safe, but also to know what your options are if you ever get in a motorcycle crash.

You need a Texas motorcycle license, registration and insurance: In Texas, anyone who rides a motorcycle or moped needs a class M driver’s license, a registration sticker on their license plate, and motorcycle liability insurance. All bikers must have a minimum of $30,000 per injured person, $60,000 per accident, and $25,000 in property damage coverage.
Understand Texas motorcycle helmet law: Riders between five and 21 years of age must wear a helmet under Texas law. While anyone over the age of 21 may choose not to wear a helmet or other protective equipment, they must have medical insurance and complete a motorcycle safety course.
Only let appropriate passengers ride with you: You can bring passengers on your motorcycle if it has a seat for them, however children under the age of five may not ride as a passenger on a bike. Passengers between five and 21 must wear a helmet.
Avoid lane-splitting: Driving between lanes of traffic is dangerous. In Texas, it’s also illegal.

While these are the basic legal requirements, we encourage motorcyclists to take their safety and wellbeing seriously. While a motorcycle helmet and protective gear (like padded vests and gloves) cannot prevent every severe injury, they can save lives. And even though you can choose to buy the bare minimum in liability insurance, you should consider protecting yourself with larger policies that include uninsured/underinsured motorist coverage and personal injury protection (PIP).

We know that every crash is unique. If you were in an accident and have questions about how the laws outlined here affect your case, please don’t hesitate to contact us to learn more.

Know Your Rights and Options After a Crash

Thanks to enduring biases against motorcyclists, you can do everything right, and still be blamed for the accident that caused you harm. This is because reckless drivers know that they can get out of being held accountable if they can blame part of the reason for the crash on the motorcyclist.

In Texas law, drivers owe other people on the road a “duty of care,” meaning they must follow the rules of the road and keep others around them safe. A driver (or motorcyclist) is negligent and liable for your injuries if:

They violate this duty by driving recklessly
Their conduct injures you or someone you love
You have damages (such as medical bills, lost wages, pain and suffering, or more)

For your case to be successful, you must be able to prove all three of these elements.

While that might seem relatively simple, this is where Texas law gets complicated.

Texas’ Modified Comparative Negligence Law

Accidents are often nuanced, and rarely caused by one person, company, or defective part. More commonly, it’s multiple failures happening in concert that cause a crash. Texas’ modified comparative negligence law ensures injured people are compensated in proportion to their “level” of fault in the crash.

Let’s say you’re on your bike, going about five miles per hour over the speed limit, when you’re hit by a motorist driving drunk and going the wrong way down the highway. Your injuries, medical bills, lost wages, and pain and suffering amount to $250,000 in damages. However, because you were speeding at the time of the crash, you could be considered 5% responsible. Therefore, you would only be able to collect 95% of the damages available to you—$237,500.

In Texas, you can be up to 50% responsible for a crash and receive compensation. However, if you are 51% or more at fault, the insurance company doesn’t have to pay your damages.

When insurance companies and other parties want to reduce the amount of compensation they’ll be held responsible for, they’ll often blame the injured biker. Sometimes, they base their claims on things like speeding, and other times, it’s due to lane-splitting, helmet use, or passengers riding with you.

Even worse, the insurance companies often try to take advantage of motorcycle bias and blame even the most responsible bikers. Inaccuracies in the police report sometimes make it seem like the injured person was more responsible for the accident than they were—causing them to be denied the compensation they need and deserve.

If the Motorcycle Accident Wasn’t Your Fault, You Shouldn’t Have to Pay the Bill

If you’ve been injured in a motorcycle crash, you deserve to understand your options—whether you’re being unfairly blamed for the crash or not. Here are a few things you should know:

You have two years to file an insurance claim or lawsuit: This time limit is known as the statute of limitations. If you wait too long to file, you won’t be able to collect anything for your injuries, no matter what happened or how negligent the other driver was.
There are often multiple sources of compensation: Because accidents are so complex, injured people usually have multiple options for compensation. This includes their own insurance policies, the other driver’s insurance, the company that manufactured a defective product, a bar that over-served a drunk driver, and more, depending on your situation.
There are steps you can take to strengthen your claim: If you’re worried that your case isn’t strong enough, a few simple actions can help protect your right to compensation. This includes documenting your injuries, going to the doctor right away, taking pictures of the crash and any damaged equipment (if you can do so without putting yourself in harm’s way), and calling an attorney as soon as you can.
There is often additional crash evidence: If your crash took place in an area with cameras or businesses, t’s not uncommon for your crash to be captured on surveillance cameras. Or, if you were hurt by a service vehicle, like an 18-wheeler, there’s a possibility that the vehicle was equipped with a “black box” or other internal system that tracks the driver’s movements and actions, like when they accelerate or hit the brakes. This data can be infinitely valuable to your case, but you need to act quickly to protect it. Companies can erase surveillance footage and driving records, but not when they are being used as evidence in a case. Your lawyer can help you identify if such information exists and move quickly to protect it.
A false accusation is not the end: If you’re struggling to get a fair offer from the insurance company because of an error in the police report, false accusations of your own liability, or for some other reasons, don’t despair. Until you’ve met with an experienced attorney who can explain your options and how Texas motorcycle law affects you, you still have reason to hope.

If You Were Hurt on Your Motorcycle, Don’t Wait to Get Legal Help

If you or someone you love are in a tough situation following a crash, a motorcycle crash lawyer is your best resource and first line of defense.

When you choose to work with an experienced lawyer, they’ll take the lead on your case, including:

Move quickly to identify and preserve evidence
Determine who is responsible for the crash
Find every available source of compensation
Accurately calculate the value of your case
Hold the responsible parties accountable
Protect your rights and help you make decisions that protect your future

When you choose to work with the experienced team of personal injury attorneys at Will Adams Law Firm, you can be confident that your lawyer will do everything they can to make sure you get the compensation you deserve. Our law firm has a reputation of successfully handling suits and negotiating settlements, and we are ready to hear your story and help you decide what to do next.

With Will Adams Law Firm: We’re Ready to Hear Your Story

We believe injured people deserve fair and honest legal representation. For us, law is a calling, not a career. Our team has over 25 years of experience, a track record of success, and a double board certification—meaning we have what it takes to fight on your behalf.

We offer every injured person a complimentary case assessment where you can meet with a member of our team privately to discuss what happened, what your options are, and what to do next. Get started today by calling our office to schedule at 1-800-559-0593, or fill out our simple online contact form.

We look forward to speaking with you!

Hit Riding Your Bike? Know Your Legal Options

April 14, 2021/by Will Adams Law Firm

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.

Hurt in a Bicycle Accident With a Car? Here’s What to Do

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.

How Bicyclists Can Get Compensation for Their Injuries

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.

Will Adams Law Firm Demands Accountability for Injured Cyclists in Texas

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.