Bicycle Accidents Attorney in Houston, Texas

Bicycle accidents on Texas roadways have become far too common. Houston is the fourth-largest city in the United States and it’s not always easy for bikes and cars to share the road. Sadly, many accident victims are young adults who may sustain injuries that impact the rest of their lives. According to reports, of the 12,789 crashes in Texas involving bicycles from 2007 to 2012, more than half of cyclists involved were under the age of 24.

When you’ve been hurt in a bicycle collision that occurred due to someone else’s negligence, you have the right to seek justice. As an experienced bicycle accident attorney serving Texas and the Southeast New Mexico area, I’m ready to help you fight for your fair share of compensation, and your fair share of the road.

Your Rights and Duties as a Bicyclist

Chapter 551 of the Texas Transportation Code specifies that an individual operating a bicycle has the same rights and duties as a driver of any other kind of vehicle.

More specific requirements for a bicycle rider include:

• A permanent and regular seat attached to the bicycle

• A bicycle must not be used to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars

• A bicycle may not be used to carry more people than it is designed for

• The bicycle must not attach to any other vehicle on the roadway

• A rider moving less than the normal speed of traffic must ride in the lane marked for bicycle use or, if no lane is marked, as close as possible to the right-hand curb or edge of the roadway

• Every bicycle in use at nighttime must be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front, and a lamp and reflector on the rear exhibiting a red light visible from 500 feet

There is no mandatory statewide helmet law in Texas. However, some cities have instituted helmet laws for children under 18 years of age. These cities are Arlington, Austin, Dallas, Fort Worth, Houston, Benbrook, Bedford, Coppell, and Southlake.

What to Do If Your Bicycle Was Hit by a Car

Bicycle accidents vary in their circumstances and seriousness but there are several steps that you should take any time an accident occurs:

1. Seek medical treatment for injuries. Even if you don’t feel pain at the time, being seen by a medical professional is still advised as injuries can take time to manifest themselves.

2. Call the police as soon as you can. An official report should be filed.

3. Take photos of the scene to review with your attorney later. Take written notes as well. If your accident occurred as a result of a defective part, be sure to save the parts to be used as evidence later.

4. Seek prompt medical treatment for your injuries. The medical records generated by your provider will help provide proof of your injuries and your suffering.

5. As a cyclist, you can usually file a claim with the driver’s insurance company to try to recover your losses. However, do not communicate with the driver’s insurance company before consulting with an attorney.

6. If the insurance company denies your claim or refuses a fair settlement, a personal injury attorney can help.

If your accident occurred as a result of an unmaintained road, Texas requires a claim to be filed within 6 months of the date of the accident.

Understanding Fault and Liability in Texas

Texas utilized a “modified comparative fault system” to determine the amount of liability, or fault, that each party is responsible for. This means that each person who is at fault for an accident or injury is liable to the extent of their portion of the fault. Essentially, if you are determined partially at fault for an accident in which you suffer harm, your recovery of damages will most likely be reduced by the percentage of your fault. So for example, if your settlement would have been $10,000 but it was determined that you were 20% responsible for the accident, then the amount of settlement you receive would be $8,000.

How a Bicycle Accident Attorney Can Help

If you were in a bicycle accident, you aren’t alone. As an experienced bicycle accident attorney serving Texas and the Southeast New Mexico area, I can help you fight to protect your rights and pursue fair financial compensation to cover medical bills, lost wages, and future medical treatment. The Fostel Law Firm is a nationwide practice and I will review your case free of charge.