Texas auto insurance laws establish a fault-based system that requires all motorists to carry at least a minimum amount of liability insurance. This policy pays to cover the injuries and expenses of the victims of a crash they cause. As a cyclist, you can file a claim based on this policy to recover your losses.
If the insurance company denies your claim or refuses to offer a fair financial recovery, you can take the liable party to court.
Damages you may claim after a bicycle collision
When a car hits a bicycle, the cyclist can suffer extensive injuries. Serious injuries require extensive treatment, and there may be ongoing costs related to your injuries. You may also be out of work for a long time.
It is important to consider the full picture of your damages before accepting an offer from an insurer. We can prevent you from accepting one that would leave you suffering further financial loss down the road since your case may be worth more than you realize. Damages may include:
- Medical bills
- Ongoing care costs
- Lost wages and future lost income and benefits
- Out-of-pocket expenses
- Property damage, such as repair or replacement of your bike
- Pain and suffering
- Loss of quality of life
- Scarring and disfigurement
- Home modifications
- Transportation to and from your doctor
We can calculate your losses by speaking with your doctors and gathering information about how your injuries affect your day-to-day life. This way, we can ensure you seek a fair recovery.
Proving negligence and liability in a bicycle accident
Negligence is at the center of every personal injury case, including bicycle accidents. We must prove the at-fault driver breached their duty of care in some way. They will only be liable for your losses if the evidence demonstrates that their negligence directly caused or contributed to your losses.
Applying the four elements of negligence to your bicycle accident
Proving negligence requires us to establish four elements in your case:
- The driver owed a duty of care to cyclists and pedestrians.
- The driver breached their duty by failing to follow traffic laws related to sharing the road with cyclists or driving in another negligent manner.
- Their failure caused them or another vehicle to collide with your bike.
- You suffered physical injuries and financial damages because of the accident.
To get the evidence we need, we may conduct an independent investigation into your crash. During this investigation, we will figure out how the accident occurred and how it affected you physically, emotionally, and financially.
Potential forms of evidence may include:
- The police report filed at the scene
- Witnesses’ statements
- Video of the crash, if available
- Pictures of where the accident occurred
- Accident reconstructions conducted by specialists when necessary
- Your medical records, pictures, and other documentation of your injuries
- Medical bills, receipts, and other documents showing your losses
We can take action against a negligent motorist
We may not need to file a lawsuit against the motorist who caused your bicycle accident. In some cases, we can persuade the insurance company to offer a fair recovery during negotiations. This process, however, is complex and requires us to:
- Investigate your accident and collect all available evidence
- Prove the driver acted negligently
- Link your injuries to the accident
- Calculate the value of your damages
- Negotiate a fair recovery with the insurance company based on your damages
If the insurance company refuses to cooperate and offer a fair recovery, we can file a civil suit on your behalf. Sometimes, this is enough to bring the insurer back to the negotiating table. Regardless, we are not afraid to take your bicycle accident case to trial and argue your case before a judge or jury if necessary.
Whether we are filing an insurance claim or taking legal action, we can assume all of the legal legwork involved. You will not have to speak to the liable party, their insurer, or lawyer while we represent you.
We can help you abide by the deadlines for legal action
If you do need to file a lawsuit to seek a fair recovery, you must do so within two years of the bicycle accident, according to Texas law. The same deadline applied if you lost a loved one and want to file a wrongful death lawsuit. We can help you abide by this deadline as long as you start your case soon enough.
If you delay and try to file a lawsuit past the deadline, you may see your case dismissed from court. Act quickly, as negotiations with insurers can take more time than you expect.
What sets our firm apart
Our firm prides itself on affording our clients personalized attention throughout the legal process. We will keep you informed about any developments in your case and listen to any concerns you may have. Your recovery is our priority.
Our bicycle accident attorney can handle your case
At D. Miller & Associates, PLLC™, we can explain the pros and cons of taking legal action. Our legal team can guide you through the process of filing a claim or personal injury lawsuit.
After a bicycle accident, you deserve to focus on your physical recovery and spending time with your loved ones. We can handle the legal hassle of holding a liable party accountable. Call us to learn about how our firm can help.