hit by car on bike

Hit Riding Your Bike? Know Your Legal Options

bike injuriesCycling 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?

bike accidentWhile 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 in Texas

Cycling through Texas offers beautiful views and a great way to stay active, but it also carries significant risks. When a driver breaks the rules of the road or acts negligently, they are legally liable for your or a loved one’s injuries. Understanding your rights and the avenues for recovery is the first step toward reclaiming your life after a serious accident.

Common Causes of Bicycle Crashes

Despite increased awareness of “Share the Road” initiatives, bicycle accidents remain frequent. Common causes include:

  • Distracted driving: Including texting, using GPS, or adjusting the radio.
  • Improper lane changes: Merging into a cyclist’s path without signaling or checking blind spots.
  • Failure to yield: Neglecting to look out for cyclists at intersections or during turns.
  • Tailgating: Failing to maintain a safe stopping distance behind a bicycle.
  • Impaired driving: Drunk or drugged driving that slows reaction times and impairs judgment.

Navigating the “Blame Game”

Texas follows a proportionate responsibility (modified comparative negligence) rule. This means that as long as you are not more than 50% responsible for the accident, you can still recover damages. However, motorists and their insurers often try to shift the blame, arguing that the cyclist “came out of nowhere” or was riding erratically. Combating these narratives requires strong evidence, such as traffic camera footage, witness statements, and accident reconstruction reports.

Identifying At-Fault Parties

To get the compensation you deserve, you must file an insurance claim or a personal injury lawsuit. While a reckless driver is often the primary cause, other parties may share liability:

  1. Manufacturers: If defective brakes or a cracked frame contributed to the crash.
  2. Establishments: Bars or restaurants that overserved a driver (Dram Shop liability).
  3. Property Owners/Municipalities: If poorly maintained roads, a lack of signage, or dangerous debris caused the wreck.

Demanding Full Compensation

A legal claim is designed to make the victim “whole” again. In Texas, you can demand compensation for a wide range of economic and non-economic damages:

  • Medical Expenses: Coverage for emergency room visits, surgeries, and ongoing doctor appointments.
  • Rehabilitation: Therapy bills for physical or occupational rehabilitation.
  • Income Loss: Compensation for lost wages and the permanent loss of future wage-earning capacity.
  • Medical Equipment: The cost of medications, crutches, wheelchairs, or prosthetics.
  • Property Damage: Repairing or replacing your bicycle, helmet, and other gear.
  • Life Adjustments: Home modifications like ramps or lifts, and “replacement services” for chores you can no longer perform.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
  • Punitive Damages: In rare cases where the driver acted with “gross negligence,” additional damages may be awarded to punish the offender.

The Challenge of Insurance Companies

While it is possible to file a claim with the driver’s insurance, many victims struggle to receive a fair settlement. Insurance adjusters are trained to protect the company’s bottom line, not your health. They may offer a “lowball” settlement early on, hoping you’ll accept before the full extent of your injuries is known.

When an insurance company refuses to make a fair offer, an attorney can step in to negotiate aggressively. If negotiations fail, your legal counsel can prepare a formal injury lawsuit to hold the responsible parties accountable in a court of law. By building a robust case, you ensure that your future financial stability is protected.

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.