Personal Injury Claims for Bicyclists Hit by Motor Vehicles
Bicyclists in Louisiana and Texas have always faced aggression from car drivers. Motorists often use the speed and power of their vehicles to muscle all vulnerable road users out of the way.
Talk to anyone who rides a bicycle regularly, and they will probably have at least one story of deliberate driver aggression. The unlucky ones will have the injuries and scars to prove it. The unfortunate ones meet a fatal end.
Many bicycle accidents are hit-and-run wrecks where the at-fault driver leaves the scene.
Reports suggest Louisiana is one of the most dangerous states in the nation to ride a bicycle. According to The Wall Street Journal analysis, the state is Number Two nationally in bicyclist deaths, behind only Florida. Calls for biker safety have gained momentum in the state since Baton Rouge Metro Councilman Buddy Amoroso was killed in June 2018 by a motorist while cycling in West Feliciana Parish.
Texas does not have a statewide helmet law. There are no state laws requiring bicyclists of any age to wear bicycle helmets in the Lone Star State. Even children do not need to wear helmets on the street or elsewhere.
Some Texas cities, including Houston, have additional legal protections for bicyclists. Houston’s Safe Passing Ordinance directs passenger cars and light truck drivers to stay at least three feet away when passing cyclists. The ordinance requires commercial vehicles to remain six feet away. It also requires motorists driving behind cyclists to maintain a safe distance to avoid collisions.
Circumstances Under Which Drivers Strike Bicyclists
According to the National Highway Traffic Safety Administration (NHTSA), thirty percent of all bicyclists injured while riding are struck by a car.
Thousands of bicyclists across the country suffer injuries in road accidents each year, and many lose their lives due to crashes with motor vehicles. While cyclists may share liability in some of these crashes, driver negligence is an overwhelming factor in automobile-bicycle collisions. Driver negligence takes many forms, but the most frequent mistakes include:
· Speeding
· Distracted driving
· Driving under the influence of alcohol or drugs
· Failure to see a bicyclist
· Failure to follow road-sharing rules
· Road rage
· Illegal automobile maneuvering
· Failure to yield at intersections
· Dooring accidents
· Hit-and-run accidents
Common Injuries Suffered By Bike-riders At The Hands Of Drivers
Under Louisiana and Texas laws, bicyclists have the same rights and duties as motor vehicle drivers. Unfortunately, bicycles don’t offer as many protective safety features as cars, leaving cyclists severely, or even fatally, injured after a crash. Injured cyclists will likely suffer anything from cuts and bruises to life-altering disabilities in bicycle-automobile collisions.
Bicyclists struck by cars are most likely to experience road rash, Traumatic Brain Injuries (TBIs), Spinal cord injuries, facial and dental injuries, broken bones and fractures, neck and back injuries, and internal organ damage.
All the above-listed injuries vary in severity, but they all might put an injured biker in the hospital or a physical rehabilitation facility for a long time. Cyclist injuries are expensive to treat, and in most cases, victims will bear high medical bills, miss time at work, and endure other losses that could permanently change their lives.
Liability In Bicycle Accidents
Accidents between cyclists and motorists involve intricate legal issues.
If an automobile hits you while riding a bicycle, it may seem obvious that the driver is responsible. However, proving liability means demonstrating that the driver was negligent under complex personal injury laws. It may also mean refuting or minimizing claims that you were careless.
Rather than only one, multiple parties can be considered at fault depending on their contribution to the accident. Personal injury laws assign a percentage of fault to each party involved in the bicycle accident.
The entire legal process is trickier than most people realize. It requires compliance with deadlines, court filings in the proper format, and exchange of evidence with the other parties.
You should explore all your legal options if the accident occurred due to someone else’s negligence.
If you or a loved one have suffered injuries while riding a bicycle because of a negligent driver, it is vital to act quickly and speak with a personal injury lawyer about your options. The sooner you get an attorney involved in your bicycle injury case, the better.
Damages in a Bicycle Accident Case
Depending on your bicycle accident, you could receive compensation through an insurance claim or a lawsuit for medical expenses, lost wages and benefits, loss of future earning capacity, property damage, scarring and disfigurement, emotional distress, loss of consortium, loss of enjoyment of life, and pain and suffering.
Bart Bernard Injury Lawyers: Personal Injury Lawyers On A Mission To Protect Bicyclist Rights In Louisiana And Texas
Working with an experienced lawyer at Bart Bernard Injury Lawyers on your bicycle accident case will protect your rights as you hold the accountable party liable for the harm you suffered.
Personal injury attorney Bart Bernard, an avid cyclist, knows how to take prompt action against the liable party and seek damages that could help you or a loved one recover from the accident.
Even if you did something to contribute to the cause of your bike accident, you still may be able to recover some compensation.
Attorney Bernard can help you understand what your claim is worth and can help you pursue a better settlement offer through negotiations. If necessary, the trial-savvy attorney can take your case to court.
At Bart Bernard Injury Lawyers, we are passionate about making our roads safer for all.
If you or a loved one have suffered injuries after being hit by a negligent driver while riding a bicycle anywhere in Louisiana or Texas, a bicycle accident lawyer at Bart Bernard Injury Lawyers can help you recover fair and just compensation for medical bills, lost wages, and pain and suffering.
To learn more about your options, contact our law firm to schedule your free consultation today. We have offices in Lafayette and Houston to serve clients.
