In Texas, the state’s personal injury statutes allow you to file a claim and hold the at-fault driver responsible for any damages you suffer after a car accident. This same law applies to a Baytown bicycle crash that occurs due to another motorist. You can recover compensation for injuries you suffered in an accident on public roads, in private parking lots, in bike lanes, and on sidewalks.
The bicycle accident team at D. Miller & Associates, PLLC, is ready to go to work for you. We will investigate your accident, identify the liable party, and recommend the best option for recovering the money you need and deserve. We can build a strong case against the motorist who caused your crash, and aggressively pursue the full compensation you deserve. Using a liability insurance claim or personal injury lawsuit, we will fight for your compensation.
We offer free consultations and case evaluations and handle these claims on a contingency basis. You do not pay us until we recover the compensation you need.
Call us today at 713-850-8600 to speak to a bicycle accident lawyer in Baytown.
Recoverable Damages in Baytown Bicycle Accident Claims
Texas law requires all drivers to carry a minimum amount of auto liability insurance coverage. This coverage ensures victims of an accident have a way to recover compensation for their damages. This is the policy that should pay for your medical care and other accident-related expenses and losses after a bicycle crash.
The damages we can recover on your behalf depend on a number of factors, such as the nature and severity of your injuries. Serious, permanent injuries—such as a traumatic brain injury—will usually result in a higher claim value. During our initial consultation, we can offer specific advice based on your situation. In general, some of the damages we commonly recover for people after a bicycle accident include:
- Medical care costs;
- Rehabilitation or physical therapy expenses;
- Ongoing care costs;
- Prescription drug expenses;
- Lost wages, future lost income, and missed benefits;
- Any necessary home or vehicle modifications related to your injuries;
- Incidental costs related to the accident;
- Pain and suffering damages; and
- Damages for wrongful death, if a loved one died in a bicycle wreck.
Bicycle accidents often lead to severe injuries, and these cases are often worth significantly more than the accident victim believes. For this reason, we encourage you to talk a personal injury attorney before you agree to a settlement.
Navigating the Bicycle Accident Claims Process
In most cases, we can get the compensation our clients need without taking their case to court. We can usually recover a fair payout by filing a third-party liability insurance claim with the at-fault driver’s auto insurance provider. While some people try to handle this process without the help of a bicycle accident attorney, we understand the complexities of these claims. We can collect the evidence necessary to prove the driver acted negligently and provide documentation of your full range of damages.
Once we file a claim and present our evidence, we will not hesitate to demand the payout you deserve. We aggressively negotiate with insurance companies and legal teams, fighting for a fair settlement for our clients. In the rare occasion that an insurer refuses to pay a fair price, we will file a civil lawsuit and take the case to court.
Negligence and Liability in a Bicycle Crash
Showing the at-fault motorist acted in a careless or reckless way is central to winning a payout in any bicycle accident case. We need to show the driver’s negligent actions caused the crash before their insurance company will agree to pay us or before a judge will award us compensation in a civil suit.
Proving negligence and demonstrating liability requires proof of four elements. We must show:
- The driver had a certain responsibility to follow all applicable traffic laws and share the road safely with cyclists;
- The driver failed to uphold this responsibility and endangered a cyclist;
- Their actions directly led to your crash and injuries; and
- You suffered physical, emotional, and financial damages in the accident.
When we sign on to handle a case, we launch an investigation into the circumstances surrounding the accident in question. We identify and collect all possible evidence and use all the resources we have available to understand how and why your accident occurred, and the role the at-fault driver had in causing it. We may even call in accident reconstruction specialists to give us a better understanding of exactly what happened.
Baytown Hit-And-Run Bicycle Crashes
All too often, the driver who caused a bike crash will leave the scene of the accident. Sometimes they stop first, but frequently they leave without regard to your condition. Police do not take this lightly and will attempt to find them based on witness statements and other evidence.
If they cannot find them, we may be able to pursue a claim based on your auto insurance. Texas requires all auto insurance carriers to offer an uninsured/underinsured motorist (UM/UIM) policy automatically. Drivers must opt out in writing if they do not want this coverage. If you have UM/UIM coverage, we may be able to file a claim.
The other option is to look for other parties who might have contributed to your accident in some way. Did the bike lane lack the protection necessary to keep vehicles from veering into you? Was there a problem with visibility in the area? Was there another driver involved? We may be able to piece together a payout from other parties.
Talk to a Bicycle Accident Lawyer in Baytown, Texas, Today
If you or a loved one suffered injuries in a bicycle crash and believe a motorist was at fault, the team from D. Miller & Associates, PLLC, is ready to take your call. We can analyze your case and explain your options for filing a claim and collecting compensation for your full range of accident-related damages. The initial consultation is free, and we handle Baytown bicycle accidents on a contingency basis.
Call us today at 713-850-8600 to learn more.
Related Frequently Asked Questions
- Is Lane Splitting Legal In Texas In 2019?
- How Soon Do You Need to File A Claim After A Bicycle Accident in Texas?
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- What Are Your Legal Options If Someone Is Killed in A Pedestrian Accident in Texas?
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