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If you’ve been struck by a motor vehicle while traveling on your bike and you’re interested in holding the at-fault party accountable, consult with a bicycle accident lawyer in Austin.
When bicyclists are involved in a collision with a car, truck, bus, motorcycle, or any other type of vehicle, the person or persons who are responsible for causing the wreck should be compelled to cover the costs.
It is not uncommon for bike crash survivors to endure catastrophic injuries that will not only cause physical pain and damage but financial struggles and emotional distress in many instances.
The attorneys at Crain Brogdon, LLP. are dedicated to helping injury victims obtain the compensation they’re owed. Your Austin bicycle accident lawyer will work diligently to ensure that the appropriate entities are brought to justice for their irresponsible and reckless actions.
There are many different reasons why you might’ve been in a collision while on your bicycle. In most cases, a vehicle driver has been negligent in some way, whether that be due to distracted driving, driving while fatigued, drowsy driving, or operating their vehicle while under the influence of drugs or alcohol. Here, the driver could be found liable for any damages you incurred as a result of your injuries.
However, there are other parties who could be found at fault, some of which include the manufacturer of the vehicle that struck you, parts manufacturers, the manufacturer or distributor of your bicycle, technicians who performed maintenance on the vehicle, and even the Texas Department of Transportation (TxDOT) if a roadway hazard caused your wreck.
Your Austin attorney will need to complete a thorough investigation in order to gather the evidence needed to support the culpability of the individual or entity that is to blame.
Bicyclists are required to follow the same rules of the road as those traveling in motor vehicles. As such, if you were not in compliance with traffic laws or were otherwise found to have contributed to the cause of the bike crash, Texas’ modified comparative negligence law will take effect in your case.
This means that any award you might be issued will reflect a deduction based on your percentage of fault. Here’s an example of how Texas’ shared fault laws might impact your claim:
Sandy was riding her bike one day when she needed to cross the street to get to her favorite bike trail. Rather than bike another couple hundred feet to the crosswalk, Sandy crossed in the middle of the road and was subsequently struck by an aggressive driver who ran through a red light. Since Sandy failed to follow the traffic laws by not using the crosswalk, the judge found her 20 percent at fault. As a result of her shared fault, her $400,000 award was reduced by 20 percent, and her claim was settled at a final award of $320,000.
It is important to note that Texas is a modified comparative negligence state, meaning you’ll only have the opportunity to pursue your claim if you are 50 percent or less culpable for the cause of the accident. Anything more, and you can reasonably expect to have your claim dismissed.
By now you may be wondering how much you can expect to be awarded should you choose to file your bicycle accident claim in Austin. Every person’s injuries and losses are different, but there are certain types of damages (ways your life has been affected by the accident and your injuries) that the majority of claimants can seek. Some of these might include:
You should never be responsible for covering your own costs when someone else is liable for the injuries you sustained in a bike crash. An experienced Austin bicycle accident lawyer at Crain Brogdon, LLP. can work with you to secure the compensation that’s rightfully yours when you pursue a claim against whoever is to blame for the accident you were involved in.
We are proud to offer bike wreck survivors like you a complimentary claim review where we can learn more about the individual details of your case. To schedule yours, you’ll need to give our firm a call at 214-522-9404 or submit the brief contact form we have provided at the bottom of this page.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]