Bicycle Accidents Attorney in Kaufman, Texas
Practice Areas
- Personal Injury
- Slip & Falls
- Defective Products
- Dog Bites
- Work Injuries
- Wrongful Death
- Nursing Home Negligence
- Construction Accidents
- Auto Accidents
- Criminal Defense
- DWI
- First Time DWI
- Breath Test Refusal
- Assault
- Domestic Violence
- Drug Crimes
- Theft
- Probation Violations
- Violent Crimes
- Divorce & Family Law
- Estate Planning
- Civil Litigation
Bicycle accidents can have significant impacts on those involved, causing physical, emotional, and financial challenges. These incidents can occur due to many reasons, including vehicle negligence, poor road conditions, or lack of proper safety signage. Each accident carries the potential to change lives in an instant.
Since the aftermath of a bicycle accident can affect your life, contact an experienced bicycle accident attorney. At Harrell & Paulson, we understand the nuances of these accidents and the impact they can have on your well-being. Located in Kaufman, Texas, and serving clients throughout Forney, Terrell, and Rockwall, we offer the essential guidance, support, and representation you need to secure fair compensation and justice.
Types of Bicycle Accidents
Bicycle accidents can occur in many scenarios, each presenting its own set of challenges and legal struggles. Some of the most common types of bicycle accidents include:
Collisions with motor vehicles: Drivers who are not paying attention, speeding, or driving under the influence of drugs and alcohol can easily collide with a cyclist.
Car-door accidents: A driver or passenger opening their car door into the path of a cyclist without looking can result in severe injuries to the cyclist.
Rear-end accidents: Similar to car-door accidents, drivers who don't maintain a safe distance or fail to see the cyclist when backing out can lead to serious accidents.
Intersection accidents: Intersections are particularly dangerous for cyclists, as they often involve cars turning and failing to see a bicycle in their path.
Roadway hazards: Potholes, gravel, debris, and other road hazards can also cause serious accidents for cyclists.
Negligent motorists failing to yield to cyclists: Accidents can occur when drivers fail to follow traffic laws and do not yield right of way to cyclists at crosswalks or stop signs.
When you are involved in a bicycle accident, the injuries sustained can range from minor scrapes and bruises to more severe and life-changing injuries. Some of the most common injuries sustained in bicycle accidents include:
Head and brain injuries: These can range from mild concussions to traumatic brain injuries, which can have long-term effects on an individual's cognitive and physical abilities.
Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis and require extensive medical treatment.
Broken bones: Cyclists often suffer broken bones during accidents due to the impact of the collision with a motor vehicle or the ground.
Soft tissue injuries: These include sprains, strains, and tears to muscles, tendons, and ligaments and can result in long-term pain and discomfort.
As your personal injury attorneys, we have years of experience on our side, giving us the knowledge to effectively support you and your loved ones after the accident. Don’t face this alone.
Been Injured?
What You Should Do After a Bicycle Accident
If you find yourself in the aftermath of a bicycle accident, it's crucial to take immediate steps to protect both your health and potential legal claim. Here’s what you should do:
Seek Medical Attention Immediately: Your health is of utmost importance. Even if injuries seem minor, underlying issues may not be immediately apparent. Documentation of your injuries by a healthcare professional can also be central to your case.
Report the Accident: Notify the local police or authorities about the accident. Ensure an official report is filed, and obtain a copy for your records. This report can play a vital role in your legal claim.
Document the Scene: This includes taking photographs of the accident site, your injuries, and any damages to your bicycle or personal belongings. Collect information from witnesses, and even note the weather and road conditions. The more details you can gather, the stronger your case will be. If possible, collect the names, contact information, and insurance details of all parties involved in the accident.
Do Not Admit Fault: In the chaos following an accident, be mindful of your words. Avoid admitting fault or making statements that could be used against you later. The assessment of fault should be left to the investigation.
Consult a Bicycle Accident Attorney: Contact an attorney specializing in bicycle accidents as soon as possible. A skilled attorney can guide you through the legal process, deal with insurance companies on your behalf, and work diligently to secure the compensation you deserve.
At Harrell & Paulson, we're committed to supporting you through every step of this challenging time. We fight so that your rights are protected while we strive for the best possible outcome on your behalf.
Texas Laws Regarding Bicycle Accidents
Understanding the laws that pertain to bicycle accidents can approximate what to expect in the legal process.
Comparative Fault
Texas follows a modified comparative fault rule. This means that your damages are reduced in proportion to your fault. If you're found to be more than 50% at fault, you can't recover damages.
Determining fault is a critical step in any bicycle accident case. In Texas, the legal standard revolves around proving negligence. This involves showing that the defendant owed you a duty of care, they breached that duty, and that breach led to your injuries. Our legal team scrutinizes every detail to build a compelling case for our clients, ensuring their negligence is demonstrated effectively.
Statute of Limitations
In Texas, there's a two-year statute of limitations on personal injury claims. This means you have two years from the date of the accident to file a lawsuit. Act swiftly to ensure your legal rights are protected.
No-Fault Insurance
Texas is not a no-fault state, which means that in most cases, the at-fault party's insurance is responsible for the victims' medical bills and property damage.
Bicycle Accident FAQs
Here are some common questions and answers about bicycle accidents:
When Should I Contact an Attorney After a Bicycle Accident?
Contacting an attorney as soon as possible after an accident is advisable. An experienced attorney can guide you through the claims process, ensure you're not taken advantage of by the insurance company, and start building your case immediately.
What Compensation Can I Seek After a Bicycle Accident?
Depending on the circumstances of your accident, you may be entitled to compensation for medical bills, rehabilitation costs, lost wages, pain and suffering, and more. Your attorney will help you understand what damages you can seek based on your unique case.
Can I Still Sue if I Wasn't Wearing a Helmet?
Texas follows comparative negligence laws, which means failing to wear a helmet could decrease the amount of compensation you can receive. However, it doesn't necessarily prevent you from filing a lawsuit. Each case is different, and a knowledgeable attorney can help you understand your options.
What if the Driver Fled the Scene?
If you've been the victim of a hit-and-run accident, your first priority should be seeking medical attention. Following that, it's important to report the accident to the police and contact an attorney. There may be legal and insurance remedies available to you even if the at-fault driver is not identified.
What if the Bicycle Accident Was Caused by a Defective Part or Poor Road Conditions?
If a bicycle accident was caused by a defective part, you might have a product liability claim against the manufacturer. If the accident was caused by poor road conditions, such as a pothole, the government entity responsible for maintenance might be liable.
What if I Was Injured in a Bicycle Accident on Someone's Property?
If you were injured on someone's property, such as in a parking lot or driveway, that property owner might be liable depending on if they broke their duty of care. These premises liability claims can be worth exploring.
Get Experienced Legal Support
At Harrell & Paulson, we take a compassionate yet assertive approach to every case we handle. We believe in providing support to our clients as they face their recovery while we diligently work to secure the compensation they deserve. If you've been involved in a bicycle accident, contact us for a consultation to begin the process of pursuing your legal rights.
- Personal Injury
- Slip & Falls
- Defective Products
- Dog Bites
- Work Injuries
- Wrongful Death
- Nursing Home Negligence
- Construction Accidents
- Auto Accidents
- Criminal Defense
- DWI
- First Time DWI
- Breath Test Refusal
- Assault
- Domestic Violence
- Drug Crimes
- Theft
- Probation Violations
- Violent Crimes
- Divorce & Family Law
- Estate Planning
- Civil Litigation