When a bicycle and a car collide, the cyclist often suffers serious injuries. While the medical bills stack up, they cannot return to work for weeks or even months. Their financial situation can look bleak. If this is the situation you are in, a bicycle accident lawyer in Port Arthur may be able to help.
The D. Miller & Associates, PLLC, bicycle accident team can help you understand if you have a valid case against the motorist who hit you. If so, we can explain your options for recovering the money you need to pay your bills and cover your losses. We can even file an auto liability insurance claim or personal injury lawsuit on your behalf.
Call us today at 713-850-8600 for a free case evaluation and consultation.
Damages Available in Port Arthur Bicycle Accident Claims
A successful insurance claim or personal injury lawsuit could allow you to recover your full range of expenses and losses related to your bicycle accident. This includes your actual financial losses and non-economic losses, such as pain and suffering .
Some of the most common types of damages we recover for the victims of bicycle accidents include:
- Medical treatment costs;
- Prescription drug costs;
- Ongoing care expenses;
- Lost wages;
- Lost earning capacity;
- Repair or replacement of your bike and other personal property;
- Miscellaneous out-of-pocket costs;
- Wrongful death damages, if the crash was fatal for a family member; and
- Pain and suffering damages.
Discuss Your Damages With Our Team
Because of the unprotected nature of cyclists, collisions involving motor vehicles often cause significant, catastrophic injuries. When an accident victim suffers serious injuries, such as spinal cord damage or a brain injury , there may be additional costs that they overlook when considering their damages. For this reason, these cases are often worth much more than the victim may originally believe.
Give us a call before you file your claim or attempt to negotiate a settlement with the insurance company. We can examine the details of your case and help you understand the value of your damages. You could leave thousands of dollars on the table if you try to handle this type of claim on your own.
How to Navigate the Bicycle Accident Claims Process
Most bicycle accident cases never go to court. We can usually settle this type of case by filing an insurance claim with the at-fault driver’s insurance company and negotiating a fair payout. This requires us to investigate your crash and build a solid case showing the driver caused the accident and your injuries. We also need to collect evidence demonstrating your damages.
Once we have the proof we need, we can approach the insurance company with a demand letter. This letter outlines our case and includes our documentation of your damages. The insurance company is very unlikely to comply with this demand for full compensation, but we can usually negotiate a settlement agreement in the following weeks.
If the insurance company in your case denies your claim or refuses a fair settlement agreement, we are not afraid to litigate. We can file a personal injury lawsuit in civil court. When we do this, we are asking the judge to decide your case and offer you an award based on your damages.
Negligence and Liability in a Bicycle Accident Case
All car accident cases in Texas rely on negligence to prove liability. This means we need to show the driver acted in a careless, reckless, or unreasonable way—and that caused your accident. If we can prove the following details, we can hold the driver liable for your losses:
- The driver had a responsibility to abide by certain laws, drive carefully, and safely share the road with you and other cyclists;
- They instead acted in a careless, reckless, or unreasonable way and put you in danger;
- Their actions led to your accident and caused the resulting injuries; and
- You suffered physical injuries and financial damages in the crash.
We investigate every case we handle, so we can understand what happened and why it occurred. As a part of this investigation, we identify, collect, and analyze a wide variety of evidence, including:
- The police report and other accident reports;
- Statements from witnesses;
- Your bicycle, the car, and other vehicles involved;
- A survey and documentation of the accident site;
- A report from accident reconstruction experts;
- Your medical records;
- Other documentation of your injuries;
- A timeline of the accident, aftermath, and other key events; and
- Your memory of the crash.
Common Causes of Port Arthur Bicycle Accidents
While negligence can lead to bicycle crashes in a number of ways, there are some common reasons why this type of accident occurs. We have seen crashes happen due to motorists who:
- Failed to yield to a bicycle in the bike lane when making a turn;
- Did not look for bikes before turning in or leaving a parking lot;
- Did not check for cyclists when backing out of a driveway;
- Were texting or talking on the phone at the time of the accident;
- Were looking at the radio or otherwise distracted;
- Were drinking or on drugs that altered their reaction time;
- Were speeding or driving too fast for conditions;
- Failed to leave enough room when passing a bike on the road; or
- Opened their car door in front of a cyclist after parking on the street.
We can help you understand how your crash happened and determine if you have a strong enough case to hold the motorist liable.
Talk to a Bicycle Accident Lawyer in Port Arthur, Texas, Today.
Miller & Associates, PLLC, offers free case reviews and consultations to Port Arthur bicycle accident victims. We can help you understand the strength of your case and possibly file for compensation. Call us today at 713-850-8600 to learn more.