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 a fair settlement, you can take them to court for the money.
Taking Action Against a Negligent Motorist
We usually do not need to file a lawsuit against the motorist who caused our client’s bicycle accident. In most cases, we can persuade the insurance company to offer a fair settlement during settlement 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 full value of your damages
- Approach the insurance company with a solid case and demand for compensation
- Negotiate a fair settlement with the insurance company based on your damages.
If the insurance company refuses to cooperate and offer a fair settlement, we can file a civil suit on your behalf. Sometimes, this is enough to bring it back to the table. Our dedication to litigating your case is far more than just a threat to motivate the insurance company, though. We are not afraid to take your bicycle accident case to trial, if necessary.
Proving Negligence and Liability in a Texas Bicycle Accident
Negligence is at the center of every personal injury case, including bicycle accident claims. To get the money you deserve, we must prove the at-fault driver acted in an unreasonable, careless, or otherwise negligent manner. Unless we can provide evidence to prove negligence and liability, we cannot win an insurance claim or lawsuit on your behalf.
Proving negligence requires meeting four elements. We need to demonstrate, through evidence effectively:
- The driver had a duty to follow all traffic laws related to sharing the road with cyclists, as well as other safety best practices.
- The driver failed to uphold their duty, breaking a law or driving carelessly and negligently.
- Their failure to follow laws and drive carefully caused them to collide with you while riding your bike,
- You suffered physical injuries and financial damages because of this accident.
To get the evidence we need, we must conduct a full investigation into your crash. During this investigation, we will learn how and why the car collided with you, what the driver did to cause the accident, and how it affected you physically, emotionally, and financially. Our investigations usually identify a wealth of evidence to support our claims. This includes:
- The police report filed at the scene
- Witnesses statements
- Video of the crash, if available
- Pictures of where the accident occurred
- Accident reconstructions, provided by reconstruction specialists when necessary
- Your medical records, pictures, and other documentation of your injuries
- Medical bills, receipts, and other documents showing your losses
Damages Available in a Texas Personal Injury Action
When a car hits a bicycle, the cyclist can suffer extensive injuries. Serious injuries cost more to treat, you miss more time at work, and there may be more ongoing costs related to your injuries. For this reason, it is important to consider the full picture of your damages before settling your case. We encourage you to discuss your accident with a personal injury attorney before agreeing to a payout from the insurance company. Your case may be worth more than you realize.
Some of the most common damages our clients receive include:
- Medical bills
- Ongoing care costs
- Lost wages and future lost income and benefits
- Out-of-pocket reimbursement
- Property damage, such as repair or replacement of your bike
- Pain and suffering damages
Talk to a Texas Bicycle Accident Attorney About Your Case
At D. Miller & Associates, PLLC, we can explain the pros and cons of taking legal action, and guide you through the process of filing a claim or personal injury lawsuit. We offer free case consultations to Texas bicycle accident victims. Call us at 713-850-8600 to speak with a Houston personal injury law firm.
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