Bicycle Accident Lawyer Austin – Travis County Bicycle Accident Attorney
Over the past few years, there has been a constant rise in the number of bicycle enthusiasts in Texas. This enthusiasm for bicycling amongst public has been matched by an equal increase in commitment from authorities to provide secure spaces to bicyclists on roads. Increasing the number of bicycle lanes and bicycle infrastructure on roads has resulted in improving road safety for bicyclists. However, hundreds of bicycle accidents are still reported in Texas every year. From traumatic injuries, reduced income, emotional trauma, to lasting symptoms, a bicycle accident can be a life altering experience for the victim of a bicycle accident. If you have been involved in a serious bicycle accident recently, the dedicate team of attorneys at Shrum Law Office are here to assist you in securing all the resources and support you need to survive in this difficult time.
According to Texas laws, victims of bicycle accidents have the right to file a claim for compensation of damages – physical, emotional and financial – just like car drivers or motor cycle drivers. It is important to note that the subject of a bicycle accident has two years from the date of the accident to file claim for losses he incurs. After the expiration of this deadline, a bicyclist loses his right to pursue legal action.
Also, Texas laws state that a bicycle accident victim has the right to demand monetary compensation from the other party for the following types of damages and conditions. These include: a) current and future medical expenses including the cost of hospitalization, doctor visits, emergency services, surgery, x-rays, medication, etc.; b) lost wages or loss in income that occurs due to missed work; c) cost of rehabilitation which includes physical therapy sessions and devices like canes, wheelchairs and walkers; d) future medical expenses if the bicycle rider develops a disability due to the accident; e) loss in earning capabilities due to which a rider is rendered unable to continue earning a living; f) pain and suffering a victim experiences after an accident including anxiety, fright, and chronic pain; g) loss in enjoyment and quality of life; h) loss of consortium; and i) others.
A bicycle accident can cause severe injuries. This is because there is an absence of a protective barrier between the body of a rider and any oncoming object. The type of injuries riders incur during a bicycle accident vary depending on speed, the speed of vehicles on the road and other circumstances of the accident. Common physical injuries bicycle riders incur during an accident include: concussions, bruises and cuts, brain injuries, broken bones, disfigurement, neck injuries, tissue damage, paralysis, spinal cord injury, amputation, and others.
It is crucial that a bicycle rider seeks urgent medical examination and treatment after a road accident. Proper medical ensures that all bodily injuries receive proper diagnosis and timely treatment. Also, proper treatment will generate authentic paperwork which can later be used to demand coverage for physical and emotional damage the rider experienced. Also, in the aftermath of a serious bicycle accident, it is advisable that a bicycle rider waits until the police arrives on the scene and make a detailed report. It is also advisable that the afflicted bicyclist gather as much evidence as possible from the sight of the accident. The evidence can include photograph or diagrams of the accident scene, photographs of physical damage/ bodily injuries and all damaged belongings like clothing, personal equipment.
The victim of bicycle accident can only draw claims for compensation for the above mentioned damages in the instance that the other party is found to be at fault. Thus, it is crucial to gain an understanding of the various causes and reasons due to which bicycle accidents can occur. The first and main cause of bicycle accidents is negligent driving on part of motor drivers. Accidents happens when the person behind the wheel in a car, van or bus is not being careful. Examples of negligent driving include all of the following: over speeding, drunk driving, distracted driving, fatigued driving, failure to yield when appropriate, failure to acknowledge the presence of a bicycle before making a turn, changing lanes on the road without giving proper signals, racing to beat the red light, and others.
Another major cause of bicycle accident can be faulty equipment. It is possible that a bicycle accident happens due to defective or malfunctioning bicycle parts. Example of defective or malfunctioning bicycle parts include brake failure, pedal failure, faulty tires, defective carbon frames, etc. In this case, the manufacturing and retailing organizations can be held liable for compensating damages. Bicycle accident could also happen due to road conditions like broken pavements, cracks, holes, unclear road signs, etc. It is the responsibility of city and state administrators to ensure that its roads, streets and lanes are safe for bicyclists as they are for car drivers. If the accident happens due to road conditions, government bodies in charge of road safety can be held liable for damages.
It is important to note that many bicyclists make the mistake of handling their bicycle accident case themselves. In doing so, they put themselves at the immense risk of settling for a compensatory amount which is far less than what they actually deserve. This can happen due to two reasons. First, insurance companies, who are looking to minimize their own costs, may trick an uninformed victim into settling or an amount which is not sufficient to cover his/her losses fully. Secondly, the victim of a bicycle accident may mistakenly think that only one person or party is responsible for the loss that he/she suffered. However, it is possible that multiple parties were responsible for damages the bicyclist incurred.
Thus, after a serious bicycle accident, the best course of action a bicyclist can adopt is to hire an injury attorney in Austin, TX such as Shrum Law Office. Our attorneys, who are well acquainted with top medical and forensic experts, are equipped to examine your bicycle accident case closely. With insight from experts, the attorneys determine the actual damage a client incurred during an accident. They then calculate the level and extent of physical and financial loss you incurred following the event. After that, they guide you through the entire legal process of involved a bicycle accident case, from demanding compensation, completing paperwork, handling negotiations to eventually achieving a winning outcome.