Even if you were breaking a Texas bicycle law during your accident injury, you may still be eligible to pursue compensation for your injuries.
The law firm of D. Miller & Associates, PLLC has helped injured bicyclists recover compensation for their accidents, even in cases where the bicyclist received a citation or a fine. To find out more, call (713) 850-8600 for a free case evaluation.
You Can Receive Compensation Even if You Are Partly Responsible for the Accident
Texas has a modified comparative negligence law that is known as the “51 percent rule”. If you were less than 51 percent at fault, you may seek compensation for accident-related expenses and losses.
Determining Eligibility for Compensation
If you got hit by a car while on your bicycle, you may be eligible to seek compensation. We look at four indicators to determine liability:
- Duty of care
- Negligence
- Causation
- Damages and injuries
If the other person breached their duty of care toward you, such as by exceeding the speed limit or checking a text message before colliding with your bicycle, they could be liable for the injuries you and your property suffered as a result. D. Miller & Associates, PLLC can help you seek compensation for recoverable damages even if you broke a bicycle law.
Kinds of Expenses to Include in an Accident Claim
You may seek compensation for actual expenses that are a result of the accident. These might include:
- Emergency room treatment
- Doctor visits
- Hospitalization
- Lost wages
- Bike repair or replacement
In addition, the law recognizes noneconomic damages such as:
- Pain and suffering
- Disfigurement
- Mental anguish
There are rare cases where punitive damages may also be awarded if your injuries are caused by malicious intent.
Traffic Laws That Apply to Bicycles
Bicyclists are expected to follow the same rules of the road as motor vehicles. There are specific regulations for bicycles, as well, including:
- Ride on the right-hand side of the road.
- Use the required lights and reflectors for nighttime rides.
- Obey local ordinances that prohibit riding on sidewalks.
- Do not attach a wagon or trailer.
If you are cited for violating these or other bicycle laws in an accident injury, you may still be eligible to receive compensation. Discuss the details of your case with a bicycle accident lawyer to learn about the options available to you.
You May Not Have to Appear in Court
We are able to resolve many of our personal injury cases through skilled negotiations with the insurance company. If we cannot reach a fair settlement or the insurance company denies your claim, we will take your case to trial to pursue compensation for your losses and expenses.
Under Texas law, you have two years from the date of your injury to file a lawsuit. Call D. Miller & Associates, PLLC at (713) 850-8600 for a free case evaluation today.
