Dallas Cycling Accident Lawyer
Bicycles can be a source of enjoyment, exercise, or even just a means of everyday commute. However, cyclists face risks on the road every day, especially from driver error behind the wheel. Cycling accidents can cause serious and even life-threatening injuries. If you or a loved one was injured in a cycling accident that was caused by someone else, you deserve to know your rights.
Whenever another party is responsible for a cycling accident in Dallas, the injured cyclist has the opportunity to file a lawsuit to recover for the damages that they have suffered. However, if the cyclist is found to be partially responsible for the accident, a Texas court may proportionally reduce or even prohibit the cyclist’s recovery of compensatory damages. If a family member or loved one has died as a result of their injuries sustained in a cycling accident, you may file a wrongful death suit on their behalf.
Texas law surrounding cycling accident victims’ rights can be complex. If you sustained injuries as a result of a cycling accident, you should reach out to the Dallas cycling accident lawyers at The Queenan Law Firm, P.C. Our seasoned lawyers can dissect your case to present you with your best options to attain the recovery that you are owed. To schedule your initial free consultation about our services, call us at (817) 476-1797.
What to Do After a Cycling Accident in Dallas
Before you do anything else, you should ensure that you obtain adequate medical attention to deal with any injuries to your person. Cycling accidents can cause injuries that you may not even be aware of at first, such as internal bleeding, which can have serious consequences if left untreated. Further, your potential lawsuit will be more effective if there is as little time as possible separating accident and medical care. This prevents the defendant from arguing that your injuries occurred after the accident.
Where possible, discover and record as much information as you are able to. You will want to obtain contact information of anyone who was involved in the accident, including any passersby who witnessed the accident. Take pictures of the scene of the accident and the damage to the vehicles or property. Remember, you can never have too much information.
As soon as convenient, your next step should be to contact a Dallas cycling accident lawyer. As you continue your treatment for your injuries, your attorney will be able to help document the costs for the purposes of claiming damages. Your lawyer can also help keep your case on track so that you avoid violating the statute of limitations (or time limit for filing your claim, which is typically two years from the accident in Texas). Your attorney can also communicate on your behalf with insurance representatives so that you are protected from traps to get you to make statements against your own interest.
Comparative Negligence for Cycling Accidents in Dallas
Depending on the jurisdiction, some courts may take into account whether the plaintiff in a cycling accident injury case was partially responsible for the accident and resulting injuries. Texas follows a modified comparative negligence rule. This means that recovery in a Dallas cycling accident lawsuit is reduced according to the proportion of blame that the plaintiff deserves. In the instance where the plaintiff is deemed to be more than 50% responsible for the accident, recovery will be barred entirely.
For instance, if a car speeds through a red light and collides with a cyclist who had rightfully entered the intersection, the driver of the car will likely be at fault. However, if the cyclist was not in the designated bike lane at the time of the collision and might have avoided the accident if they had abided by the rules of the road, a jury may determine that the cyclist was also partially at fault for their injuries. If the jury finds that the cyclist was 30% responsible for the accident, and the total damages sustained equate to $10,000, the cyclist could only recover 70% (or $7,000) from the driver.
Damages After a Cycling Accident in Dallas
If your cycling accident was caused by a negligent driver, the driver will be responsible for the consequences of your injury. These consequences are referred to in the legal world as damages. A Dallas court will use several factors to determine the financial scope of the damages in a particular case. Damages will typically cover the plaintiff’s medical expenses, including emergency services and rehabilitative physical therapy. If the injuries forced the plaintiff to miss time at work, damages would also encompass the plaintiff’s loss in wages. Further, courts will do their best to account for the pain and suffering that the plaintiff experienced because of the accident and the subsequent injuries.
It is difficult to estimate the scale of damages without specific information about the case at hand. Speak to one of our Dallas cycling accident lawyers today about your situation to get a customized estimate of the compensation available to you.
Wrongful Death Suit for Cycling Accident in Dallas
Texas had the third most bicycle accident fatalities in 2017. If a loved one has perished because of cycling accident injuries in Texas, you may want to consider filing a wrongful death lawsuit. A wrongful death suit works the same way as a personal injury lawsuit, except the plaintiffs are the family members of the deceased. Per the Texas Wrongful Death Act, the spouse, parents, and children of the deceased can file a wrongful death claim. A successful wrongful death suit can award the plaintiffs with compensation for funeral expenses, medical expenses, loss of income, loss of companionship, and other forms of pain and suffering.
Talk to a Dallas Cycling Accident Personal Injury Attorney Today
The Queenan Law Firm, P.C. has been representing Dallas cycling accident victims just like you for years, and we know how difficult dealing with your injuries can be. Our mission is to do what is necessary to make your life just a little bit easier. To hear from one of our Dallas cycling accident lawyers, call us for free at (817) 476-1797.