Anyone who has ever biked on or near a busy road know all too well how dangerous drivers can be when they are not paying attention to their surroundings. When that lack of attention leads to a collision, the short-term and long-term repercussions can be devastating.
If you were hurt in a bike crash, guidance from an experienced personal injury attorney could be vital to preserving your rights and future interests. With a seasoned Baytown bicycle accident lawyer by your side, you could more effectively demand fair compensation for your injuries without being tripped up by common legal and procedural roadblocks. Reach out to our dedicated team of personal injury attorneys at Kirk Law Firm, PLLC to get started.
What Damages Could Be Recoverable?
A bicycle rider who can successfully prove another person at-fault for an accident could hold that party accountable for all losses experienced from their injuries. Both economic damages, like medical bills, and non-economic damages, like physical pain and emotional anguish, may play a role in a comprehensive claim.
Additionally, it is possible—and sometimes crucial, especially in situations where a bicyclist sustains permanent disability or disfigurement from a wreck—to recover for future losses that will not fully manifest until after the case itself is concluded. This may include damages such as a lost earning capacity and lost overall quality of life. Our Baytown bicycle accident attorneys could clarify what losses could potentially be factored into a particular person’s claim during a private consultation.
The Basics of Bike Accident Litigation
Holding someone else liable for a bike wreck generally requires proving they were negligent in some way—in other words, showing that they directly caused the accident and subsequent injuries by acting recklessly or carelessly enough to breach the duty of care all drivers owe others on the road. This could be an overtly illegal act like speeding or turning without signaling, or simply an irresponsible act like driving while distracted.
Additionally, the injured bicyclist may need to prove they themselves bear no “contributory fault” for causing or worsening their own injuries through their own negligence. If a court does assign a plaintiff a percentage of total blame for their damages, the court may then reduce whatever final damage award that plaintiff receives by that same percentage or bar them from recovering anything, rules respectively codified in Texas Civil Practice and Remedies Code §§33.012 and 33.001.
Finally, TX Civ. Prac. and Rem. Code §16.003 limits most individuals seeking to file suit for personal injury to just two years after an accident to begin the litigation process. Our bike crash lawyers in Baytown could explain these and other applicable legal restrictions and provide irreplaceable help navigating around them.
Contact a Baytown Bicycle Accident Attorney Today
Bike accidents cause thousands of injuries resulting in millions of dollars in financial and personal losses across the nation each year, and many of those accidents happen right here in the Lone Star State. If you were injured because of another driver’s reckless or careless conduct, taking prompt and effective legal action against them could be key to moving forward after an accident.
A capable Baytown bicycle accident lawyer’s assistance could make all the difference in your odds of a favorable case resolution. Schedule a confidential meeting by calling the Kirk Law Firm, PLLC today.