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Skilled Houston Bicycle Accident Lawyers
Many people enjoy riding a bicycle for exercise or as a hobby. Others are increasingly turning to two wheels to get around Houston and other cities now that the cost of gas has exploded. With so many cyclists crowded onto the road, the number of collisions will increase.
At The Stano Law Firm, we remember our first time riding a bicycle. This should be a pleasurable experience, not one that leaves you scarred. No one should suffer painful, crippling injuries because of a negligent motorist or hazardous road. For assistance with your case, please call us to schedule a consultation. We will review whether you can file a personal injury claim and then discuss the next steps.
Our law firm has spent years helping injured cyclists across Harris County get the full and fair compensation they deserve. Whether you were hit in a bike lane or struck at an intersection, our Houston bicycle accident lawyers are ready to fight for you.
Can You File a Bicycle Accident Claim?
Everyone on the road owes a duty of care to each other. Unfortunately, many motorists are very aggressive toward bicyclists. Some don’t think cyclists should be on the road at all, or they don’t think they need to give them sufficient room. Consequently, motorists cut them off, tailgate, or pass much too closely.
The most common situation for filing a claim is when you are hurt by a negligent motorist. This is someone who failed to drive as carefully as a reasonable person would and ended up hurting you as a result. We have seen accidents happen in the following places:
- Intersections
- Parking lots
- Sidewalks
- Side streets
- Parks
Traffic accidents involving cyclists often happen because a motor vehicle driver fails to check their mirrors or ignores traffic lights entirely. A distracted driver scrolling through their phone or eating behind the wheel can cause life-changing injuries in seconds. Often, a motorist is distracted by a cell phone or a passenger in their car, or else they are fatigued, intoxicated, or reckless. Whatever the reason, they clip or collide with a bicyclist and cause a crash. With luck, they stop and render assistance, though we have seen many hit-and-run incidents involving cyclists as victims.
If you are unsure whether you have a valid case, reach out to a Houston bike accident lawyer for a free case review. Most bicycle accident cases are easier to evaluate than people think, and knowing your legal options early can make a big difference.
Determining Fault for a Bicycle Accident
Texas is a fault state. Under this principle, the person or entity responsible for the crash must pay compensation to victims. The following are the most common people to blame:
- Negligent or reckless motorists
- Hazards on the road, like a pothole which upends you
- Pedestrians who step in front of a cyclist or force them off the road
- A defective bicycle, such as a rental bicycle
Identifying the at-fault party is one of the first things our Houston bicycle accident lawyer will do. In some bike accident cases, there may be more than one at-fault driver or responsible party involved, such as a government agency that failed to maintain safe bicycle lanes.
When a road hazard causes a crash, we can sue the city responsible for the road. If a rental bike were defective, we might sue the rental company or the bike manufacturer. We determine fault by analyzing all evidence. Remember not to repair your bike until we have looked at it. Bicycles often contain clues about how an accident happened, and that evidence is lost if you junk a bike or get it fixed.
We will also review the accident report and any police report filed at the scene. If a law enforcement agency responded to the crash, that documentation can be a key piece of evidence. Getting a copy of this report is one of the first steps in building a strong personal injury lawsuit.
Steps to Take After a Houston Bicycle Accident
What you do right after a bike accident can directly affect your injury claims. Here are the most important steps to take:
- Seek medical attention right away. Even if you feel okay, get checked out. Some injuries, like brain injuries or spinal cord injuries, do not show symptoms immediately. Immediate medical attention protects both your health and your case.
- Call 911 and report the accident. A police report from a law enforcement agency creates an official record of where and how the accident occurred. This document can help prove fault later.
- Document the accident scene. Take photos of your bike, the road, any vehicles involved, and your injuries. Note whether there were working traffic lights or proper bike lanes in the area.
- Collect contact information. Get the name, phone number, and liability insurance details from any drivers involved. If there were witnesses, get their information too.
- Do not admit fault. Even saying “I’m sorry” can be used against you. Let a Houston bicycle accident lawyer handle all communication with insurance companies and insurance adjusters.
- Keep records of your medical expenses and medical bills. Save every receipt, bill, and insurance statement related to your treatment. These documents are critical for recovering full compensation.
Common Bicycle Accident Injuries
Bicyclists can suffer serious injuries when struck by a motorist or when thrown from the bicycle. Some of the more common include:
- Abrasions. Exposed skin can drag along the road and get peeled off. This is called “road rash” and is very difficult to treat. Complications include infection, scarring, and pain.
- Fractures. Cyclists can suffer fractures anywhere on the body, but arms, legs, and ribs are common. Broken bones can lead to complications, including blood loss, bone loss, and punctured organs.
- Biker’s arm. Bicyclists can suffer nerve damage in their arms when they brace for impact with a car or the ground. The injury causes weakness in the arms and hands, which might take years to improve.
- Head injuries. Many cyclists suffer traumatic brain injuries and are knocked unconscious when struck. Brain injuries are among the most serious and costly injuries that bike accident victims face, often requiring long-term medical treatment and care.
- Neck injuries. The violent forces generated can lead to whiplash, cervical fractures, and compressed nerves.
- Back injuries. Some of the worst include spinal cord injuries, herniated discs, and paralysis due to damage to the spinal cord. Spinal cord injuries can lead to permanent disability and chronic pain, changing a person’s life forever.
Common injuries also include severe injuries to soft tissue, internal organs, and the face. No two bicycle accident cases are the same, which is why it matters to work with a law firm that has handled a wide range of bicycle accident cases involving injured victims.
Following a crash, please obtain immediate medical treatment.
Seeking Compensation for a Bicycle Accident
Our firm always tries to estimate the value of a claim. We look at many factors. Under Texas law, you can receive compensation for specific losses like:
- Medical care to treat your injuries
- Lost income or wages when you can’t work because of your injuries
- Property damage for your damaged bicycle and other property
- Pain and suffering
- Disability
- Disfigurement or scarring
- Diminished quality of life
We also look at medical expenses you have already paid and those you may face in the future. Lost wages, medical records, and medical bills all factor into the final number. Injured cyclists with long recovery timelines often have costs that stretch far beyond the initial hospital visit.
When meeting with an attorney, please share medical bills, insurance statements, medication receipts, repair estimates, and pay stubs. These documents help us establish the full losses you have suffered.
We also use our experience to estimate a fair amount for pain, disability, scarring, and similar hard-to-define losses. These are admittedly subjective. One person might value physical pain more highly than another. If your case goes to trial, a jury will determine how much you are entitled to, and we will argue that you deserve the most available under the law. We can also look at past settlements to arrive at a fair number.
Our goal is always to recover compensation that reflects the true impact of your injuries. That means fighting insurance companies when they offer low amounts, and pushing for fair compensation that covers everything you have lost.
Texas Helmet Laws
The state of Texas does not have a law requiring helmets for cyclists. However, individual cities might have passed laws.
In Houston, for example, anyone under 18 must wear a helmet while riding a bicycle. This law is sensible. Helmets can dramatically reduce the risks of a serious head injury when someone falls off a bicycle. Helmets are not 100% effective, but there is probably no better piece of safety equipment to have.
If you were not wearing a helmet at the time of your Houston bicycle accident, insurance adjusters may try to use that against you. However, not wearing a helmet does not mean you are the only party at fault. A bicycle accident lawyer can help protect you from unfair blame.
Comparative Fault & Bicycle Accidents
Texas’s shared responsibility law allows you to seek compensation provided your share of fault doesn’t exceed 50%. In practice, this means you can be as responsible as other people but not more.
Some cyclists contribute to an accident by doing any of the following:
- Turn without signaling
- Weave in and out of traffic
- Run a stop sign
- Lane split
- Ride on the sidewalk when it is illegal
- Cut off a motorist
- Cycle while distracted by a phone
If you were negligent, then your share of responsibility will reduce the amount of compensation you can receive. As an example, your injuries might be worth $90,000. But if you were 50% to blame, then you can receive $45,000 at most. This represents a dramatic loss of compensation.
At The Stano Law Firm, we carefully review the evidence to see if your negligence was a contributing factor in the wreck. We aren’t afraid to push back when the defendant unfairly blames you for contributing to the accident.
Insurance companies often try to shift blame onto injured victims to reduce what they have to pay. We work hard to prove fault accurately and make sure the at-fault driver is held accountable. If distracted driving caused your crash, we will build the evidence to show that.
Bicycle Accident Statistics
Each year, Texas collects accident statistics for the entire state. These statistics show a large number of cycling accidents for 2021:
- 2,265 total crashes
- 1,046 minor injuries
- 332 serious injuries
- 90 fatalities
These numbers might be relatively low compared to pedestrian collisions. But they illustrate that for thousands of people, a trip out on a bicycle leads to painful injuries and frustrating limitations.
The Texas Department of Transportation tracks these figures closely. Most bicycle accidents occur at intersections, in areas where bicycle lanes are absent or poorly marked, or in spots where drivers fail to obey traffic laws. When drivers do not follow traffic laws, oncoming cyclists and pedestrians pay the price.
Harris County sees some of the highest rates of Houston bike accident cases in the state. This is partly due to population density and the growing number of people using bikes for daily commuting. As more people ride, the need for experienced legal representation grows too.
How Our Bicycle Accident Lawyer Can Help
If hired, we can immediately get to work building your claim for compensation. Some of the services we offer to those still recovering from bicycle accidents include:
- Investigation into the cause of the accident. We can identify who or what is to blame. You might have immediately lost consciousness and have no clue what caused you to flip over. We can visit the accident scene, inspect your bike or the road, and talk to witnesses.
- Documentation of your injuries. We can help pull together all the bills and other paperwork to show how much your accident cost you. This includes medical records, medical expenses, and statements from treating physicians.
- Communication with insurers. Filing personal injury claims requires answering countless questions and filling out burdensome forms. We can do all of that for you. We also deal directly with insurance companies and insurance adjusters, so you do not have to.
- Negotiation of a settlement. It’s possible to avoid going to trial. We can seek a fair amount of money from the person responsible for your accident, but negotiation is a long process. Sometimes we go back and forth for months or even need to participate in mediation.
- Litigation of your claim. When a case can’t settle, we are prepared to march into court and file a lawsuit.
- Protection of your rights. In Texas, you only have two years to file a lawsuit against a driver. We make sure to meet this deadline so you can hold the defendant accountable for your collision.
Your confidentiality is important to us. We never discuss your case with someone unless we have your permission. You also control whether to settle for an amount offered by the defendant.
Our No Win, No Fee Promise
You might be worried about whether you can afford a lawyer. At Stano Law Firm, we represent most of our clients with contingency fee agreements. This means that we only charge attorneys’ fees if we end up winning your case. This is our “no win, no fee” promise.
This arrangement works well for our clients. You get our services upfront without needing to find thousands of dollars to pay a traditional retainer. We also have an incentive to obtain the largest settlement possible. If, for some reason, we can’t win your case, then we receive absolutely nothing.
We work on a contingency fee basis because we believe every injured victim deserves access to quality legal counsel, regardless of their financial situation. Our law firm does not get paid unless you recover damages.
Frequently Asked Questions About Houston Bicycle Accidents
What should I do if I was hit by a car while riding my bike in Houston?
First, seek medical attention, even if you feel fine. Then, call the police so there is an official accident report on file. Gather contact and liability insurance information from the driver. Take photos of the accident scene, your bike, and your injuries. Avoid speaking with insurance companies before talking to a Houston bicycle accident lawyer. The steps you take in the hours after a crash can shape the outcome of your injury claims.
How do most bicycle accidents occur in Houston?
Most bicycle accidents occur when a motor vehicle driver fails to yield, runs a red light, or does not check for cyclists before turning. Distracted driving is one of the leading causes of traffic accidents involving cyclists in Houston. Poor road conditions, missing bike lanes, and drivers who do not obey traffic laws also play a role. In many cases, the at-fault driver never even sees the cyclist before the collision.
How long do I have to file a bicycle accident claim in Texas?
Under Texas law, you generally have two years from the date the accident occurred to file a personal injury lawsuit. Missing this deadline means losing your right to recover damages entirely. This is why reaching out to a Houston bicycle accident lawyer as soon as possible matters. Time-sensitive evidence, like surveillance footage and witness statements, can disappear quickly.
What if the driver who hit me does not have insurance?
If the at-fault driver has no liability insurance, you may still be able to recover compensation through your own uninsured motorist coverage. Personal injury protection may also help cover medical expenses and lost wages regardless of fault. A Houston bike accident lawyer can review your policy and identify every source of recovery available to you.
Do I need a lawyer for a bicycle accident case?
You are not required to hire an attorney, but having legal support significantly improves your chances of a good outcome. Insurance adjusters are trained to settle claims for as little as possible. An experienced bicycle accident lawyer knows how to negotiate, gather evidence, and build a case that reflects the full value of your losses. Most law firms, including ours, work on a contingency fee basis, so there is no cost to you unless we win.
How much does a Houston bicycle accident lawyer cost?
Our law firm works on a contingency fee basis. This means you pay nothing up front and owe no attorney fees unless we recover compensation for you. We offer a free consultation and a free initial consultation so you can get legal counsel without any financial risk. This arrangement lets injured victims access experienced legal representation no matter their financial situation.
Call Us to Speak with a Houston Bicycle Accident Lawyer
How will you know if Stano Law is right for you? Helpfully, our bicycle accident attorneys in Houston offer all accident victims a free consultation. You can visit our offices and ask any questions, or we can meet by phone. Our Houston bicycle accident attorneys have helped many people in Houston and the surrounding areas bring accident claims, so please contact us to learn more.
If you or someone you love was hurt in a Houston bike accident, do not wait. Contact our law firm today for a free initial consultation. We will review your bicycle accident case at no charge, explain your legal options, and help you decide on the best path forward. Let our Houston bicycle accident lawyers fight to recover compensation for everything you have lost.