With bikes and cars and trucks increasingly sharing the roads, bicycle accidents are a common occurrence in San Antonio. If you or a loved one has been injured in a bicycle accident caused by someone else’s negligence, you may be entitled to seek compensation for your medical bills and other related expenses. The San Antonio bicycle accident attorneys of Herrman & Herrman are here to help you recover the maximum compensation possible. We will fight for justice on your behalf and assist you in getting your life back on track after a traumatic accident.
The San Antonio lawyers at Herrman & Herrman, P.L.L.C. have recovered millions of dollars on behalf of clients. We are ready to help you seek the compensation you need to rebuild your life after a serious bike accident caused by someone else. Our team has the skills, knowledge, and resources required to hold the at-fault driver and his or her insurance company accountable for your injuries.
If you have been struck by a driver while riding a bicycle, the motorist’s insurance company will likely attempt to place some of the blame on you for the crash and offer you a lowball settlement. Never assume that the insurer’s assessment of your bicycle accident is fair. The skilled San Antonio bicycle accident lawyers at Herrman & Herrman will negotiate for a full and fair settlement that covers all of your losses and future expenses. We will make sure an insurance company doesn’t take advantage of you while you are struggling to regain your health. Call today at (361) 882-4357 to schedule a free and confidential consultation.
Who Is at Fault in a Bicycle Accident in Texas?
Under Texas’s comparative fault laws, a cyclist may recover compensation for damages if he or she was no more than 50% at fault for the accident. If a bicycle accident case proceeds to trial, the jury decides the portion of fault that should be assigned to each side in the lawsuit. If the jury determines, for instance, that a cyclist suffered $50,000 worth of damages but was 20% at fault for the accident, the cyclist can recover a maximum of $40,000.
When determining fault, the jury looks at all the facts and circumstances involved in the bicycle accident. The jury will determine if the cyclist, the motorist, or another party was negligent and, if they were, to what degree they caused the accident.
It is common for motorists to have the majority – if not all – of the fault for causing a bicycle accident. The San Antonio bicycle accident lawyers at Herrman & Herrman have extensive experience in handling complicated issues involved in bicycle accidents. We will be able to identify all liable parties.
It’s important to note that not all bicycle accidents are caused by reckless or negligent drivers. Poorly maintained roads or roads with unsafe designs can contribute to bicycle crashes. Cyclists can be partially at fault when they fail to follow traffic rules, by disregarding a stop sign or running a red light for example.
Texas Bicycle Laws
In Texas, drivers have a duty to share the road with cyclists. Cyclists, like motorists, have a duty to obey all traffic laws. Under Texas law, cyclists must:
- Follow traffic laws related to stop signs, red lights, and other traffic signals
- Use appropriate hand and arm signals to indicate stopping and turning
- Ride on the road shoulder or near the curb and travel in the same direction as the flow of traffic
- Keep at least one hand on the handlebars
- Have a white reflector in the front and a red reflector in the back while riding at night
- Cyclists riding two abreast on a multiple lane road must ride in a single lane and not impede the flow of traffic
- Not carry more persons than the bicycle is designed to carry
While Texas does not have bicycle helmet laws, Herrman & Herrman recommends cyclists wear a helmet at all times.
Common Causes of Bicycle Accidents in San Antonio
Most bicycle accidents are the fault of the motorist who struck the cyclist. At Herrman & Herrman, our San Antonio bike injury lawyers are committed to holding negligent motorists accountable when they cause a bicycle accident, including the following:
- Drifting into a bike lane – While bike lanes are designed to reduce accidents, many drivers fail to respect bicycle lanes. A vehicle that crosses the line into a bike lane can collide with a cyclist and cause serious injury to the cyclist.
- Failing to yield when turning left – A driver may not notice an oncoming cyclist when making a left turn. This can cause severe injuries if the bicycle collides with the turning vehicle or if the vehicle strikes the cyclist.
- Not fully stopping at a stop sign – Many motorists fail to come to a complete stop at a stop sign. This can lead to an accident when a cyclist is crossing an intersection, and the motorist does not stop in time.
- Cutting off a cyclist when turning – Careless drivers may not check their blind spots for a cyclist before making a right-hand turn. The cyclist may not have time to stop before colliding with the turning vehicle.
- Following too closely – Tailgating is particularly dangerous when a motorist does not allow enough distance to stop safely when following behind a bicycle. Tailgating can have devastating consequences if the cyclist has to stop suddenly.
- Pulling out – Bicycle accidents frequently happen when a motorist pulls out of a driveway without checking for oncoming cyclists. It is essential that motorists check for cyclists when pulling out.
- Speeding and reckless driving – Cyclists are particularly vulnerable to motorists who speed and drive recklessly.
- Distracted driving – A distracted motorist is a danger to everyone on the road, especially cyclists. Because bicycles and pedestrians are less visible than other users of the road, they are more vulnerable to crashes caused by distracted drivers.
Common Bicycle Accident Injuries
Bicycle accident injuries can be very severe and debilitating, in large part because cyclists have little protection other than a bicycle helmet. Any bicycle accident has the potential to lead to severe or fatal injuries, ranging from cuts and scrapes and fractured bones to head trauma and paralysis. Common injuries include:
- Traumatic brain injury. A traumatic brain injury (TBI) can range in severity from a concussion to a skull fracture that pierces the brain and causes serious damage. TBIs may have long-term effects. Wearing a helmet can help reduce your risk of sustaning a brain injury if you are involved in a bicycle accident.
- Spinal cord injury. The force of impact can cause spinal cord damage and neck injuries. Depending on the severity of the accident, permanent paralysis may result.
- Bone fractures. Arms, shoulders, collarbones, hips, wrists, hands, legs, and feet are all subject to being broken in bicycle crashes. Broken bones may require lengthy recovery times or even result in permanent disability.
- Nerve Damage. A head injury or back injury can cause nerve damage that may affect any part of the body.
- Joint dislocation – Dislocations may occur when cyclists try to break their fall or when they collide with another vehicle.
- Road Rash – Severe skin damage can result from the friction with abrasive asphalt.
- Wrongful death. Cycling injuries may be severe enough to cause wrongful death. Bexar County is one of the 10 counties in Texas with the highest number of bicycle accident fatalities. If a loved one dies in a bicycle accident as a result of someone else’s negligence, surviving family members may file a wrongful death claim to recover compensation.
If you were cycling in a bike lane, an intersection, or anywhere else in San Antonio that you had a right to be cycling and you were injured by a careless motorist, you may be owed compensation from the negligent driver and his or her insurer.
Can I Recover Damages in a Texas Bicycle Accident?
Under Texas law, injured cyclists may seek financial compensation for both economic and noneconomic damages. Recovering the full and fair compensation you deserve for your bicycle accident can be complicated. Insurance companies often try to deny liability, and they will try to settle the injury claim for the lowest amount possible.
At Herrman & Herrman, our San Antonio bicycle injury lawyers know how to help injured cyclists present the strongest cases to maximize the settlement. We can help you seek financial recovery for damages, including:
- Past and future medical bills
- Rehabilitation services
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Permanent impairment
- Loss of quality of life
- Wrongful death damages
Our experienced bicycle accident lawyers will find out how your bicycle accident has affected you physically, emotionally, and financially. We will then seek the maximum compensation that you deserve.
Contact a San Antonio Bicycle Injury Attorney Today
Herrman & Herrman has extensive experience in bicycle accident cases, and we are proud of our record of success in helping injured victims and their families in the greater San Antonio area. Our lawyers have successfully handled over 20,000 cases, and we have over 100 years of combined legal experience. The San Antonio bicycle accident attorneys at Herrman & Herrman fight tirelessly for the maximum compensation available.
If you or a loved one has been injured in San Antonio, speak with one of our compassionate bike law attorneys as soon as possible. Call now at (361) 882-4357 to schedule a free initial consultation so we can discuss your legal options.