If you’ve been involved in a bicycle accident, it’s extremely important that you know your rights so that you have the best chance of obtaining compensation to cover the damages, or expenses, you’ve incurred. These could include medical bills, lost wages, property damage and much more. Hundreds of thousands of people are injured or killed in these types of accidents each year, and in many instances they are caused by inattentive or aggressive motorists. Talk to an attorney as soon as possible to make sure your rights are protected.
Determining Fault in a Bicycle Accident
The State of Texas follows a legal principle known as “modified comparative fault” when determining responsibility for a bicycle accident. This basically means that both you and the driver of the vehicle involved in your accident could be at fault. As long as the driver is found to be more at fault, then you will be able to take legal action in order to obtain compensation.
Where it can get complex is determining the exact portion of responsibility each party bears. Your insurance carrier as well as the carrier of the motorist will be responsible for placing blame. However, you can provide evidence to prove that you were not mainly at fault. This is just one of the reasons why you need to hire an experienced lawyer as soon as you can.
There are several other parties that can share responsibility as well, however. For example, you might have been wearing a defective helmet and suffered a head injury, or a part of your bike could have failed due to negligent design. The road on which the accident occurred may have failed to meet standard requirements for engineering.
A bicycle accident can be complex, so you need to speak with a skilled attorney in order to have the best chance of success. Get in touch with attorney Joe Luce today by contacting our office online or calling (972) 562-9700.