Bicycles provide riders with little to no protection when involved in a crash with an automobile. Even if a cyclist takes safety precautions by wearing a helmet and other protective gear, their injuries can be quite severe.
If you sustained injuries in a cycling incident, it may be in your best interest to consult a Clear Lake City bicycle accident attorney. A personal injury attorney could help you understand your legal options and fight to obtain compensation on your behalf. Reach out to our office today to begin discussing your case with a legal professional.
Common Types of Bike Accidents
While all bike accidents are unique, some types of crashes occur more frequently than others. Some common cycling incidents involve a collision with a motor vehicle.
Unsafe Passing
Cyclists riding on the street often travel slower than cars, which may cause impatient motorists to become frustrated. Drivers who speed up to pass the biker or pass too closely may cause the cyclist to lose control and crash. In some instances, drivers may even hit the cyclist.
Failing to Yield to the Right of Way
When turning, drivers are required to check for other cars, pedestrians, and bicyclists that may be in the way. Occasionally, motorists fail to yield to cyclists sharing the roadway, resulting in an injury to passing cyclists.
Opening Car Doors Next to the Bike Lane
When drivers parallel park next to a bike lane, they may not check for passing bikers before opening their car door. If a bicyclist collides with an open car door, they could fall or flip over, causing serious physical injury. A local attorney skilled at handling bike wreck cases could examine the cause of the accident and determine if another party was at fault.
Duty of Care Owed to Cyclists in Clear Lake City
Both cyclists and drivers must adhere to state laws while riding on public roads. Bikers and other motorists must obey traffic signals and exercise reasonable care for everyone else traveling on the road. This legal concept is called the duty of care.
If a driver fails to exercise their duty of care toward a cyclist and causes a crash, they may be held financially responsible for the resulting damages. A bicycle accident attorney in the area could review the facts of the crash and inform injured cyclists of the duty of care owed to them.
Comparative Negligence May Limit Damages Award for a Bicycle Accident
Once a cyclist files an injury claim, the liable party may attempt to prove the injured person was partially responsible for the accident. For example, if the biker was not following traffic laws, the opposing party may highlight that fact in court. This could hinder the injured party’s chances of recovering damages.
Under Texas Civil Practice and Remedies Code § 33.012, a plaintiff’s damages award may be reduced if they are partially at-fault for their injuries. Further, if a claimant is more than 50 percent responsible for the accident, they are not permitted to recover compensation. An experienced attorney could help a cyclist prepare a defense to allegations of partial fault.
Contact a Clear Lake City Bicycle Accident Attorney Today
If you were harmed in a bike crash, do not hesitate to speak with a Clear Lake City bicycle accident attorney. An attorney at our firm could inform you of your legal options and help you hold the responsible parties accountable. Contact us today to schedule a free case consultation.