- Why Do You Need a Bicycle Accident Lawyer in Houston, TX?
- Houston Bicycle Accident Statistics
- What Type of Damages Can Be Recovered in a Bicycle Accident Case in Houston?
- Our Recent Settlements
- What Are the Most Frequent Causes of Houston Bicycle Accidents?
- Main Types of Injuries Sustained in Bicycle Accidents in Houston
- How Much Is a Bicycle Accident Case Worth in Houston?
- Real-Life Settlement Cases in Houston
- Who Is Liable for a Bicycle Accident in Houston?
- How to Prove Fault in a Bicycle Accident?
- Houston Bicycle Accident Laws
- Statute of Limitations for a Bicycle Accident Claim in Houston
- How Can a Bicycle Accident Lawyer Help Your Case?
- How Much Does It Cost to Hire a Bicycle Accident Lawyer in Houston?
- Contact Our Houston Bike Accident Lawyers for a Free Consultation Today!
- Get a FREE case evaluation today
- Frequently Asked Questions
The cycling community all over the country is growing every day. A bicycle is a practical and affordable solution to get from one point to another, avoiding traffic jams and unnecessary delays. It’s also a fun and healthy way to relax and unwind. However, bike infrastructure across America, especially in Houston, Texas, leaves much to be desired.
Not everyone may realize it, but a bicycle accident can become a source of serious physical, emotional, and financial trouble. You must know how to protect yourself and your family members if such a situation happens.
Why Do You Need a Bicycle Accident Lawyer in Houston, TX?
The consequences of even a seemingly minor Houston bicycle accident can become overwhelming in the blink of an eye. A trained bicycle accident attorney will help you understand all your legal options, navigate the complexities of insurance company negotiations, and take your case to trial if the initial claim gets denied.
At Bicycle Accident Lawyers Group, we understand the challenges of a bike accident, and we face them fully prepared. While being persuasive with the insurance agents, we remain compassionate and understanding with every accident victim. We can’t walk in your shoes, but we can help you get the fairest compensation you deserve!
Houston Bicycle Accident Statistics
Although Texas has moved up to the 30th position in the Bicycle Friendly State ranking in 2024, it remains quite a dangerous place to ride your bike. Over 3% of bike crashes in the state inflicted fatal injuries on the victims in 2023. At least 15% of all bicycle accidents caused serious injuries. At the same time, nearly 50% of all incidents remain unreported.
Here are Houston bike accident stats from 2020 to 2023 according to the Texas Department of Transportation:
2020 | 2021 | 2022 | 2023 | |
Fatal injury | 33 | 31 | 25 | 33 |
Serious injury | 78 | 97 | 79 | 107 |
Minor injury | 229 | 241 | 265 | 310 |
Total | 340 | 369 | 369 | 450 |
A bike accident can occur anywhere and at any time to anyone. However, recent reports state that white people, especially men, become more frequent accident victims. It should be emphasized that most accidents happen during the darker hours of the day.
What Type of Damages Can Be Recovered in a Bicycle Accident Case in Houston?
The major part of the damages that you can recover after a bike accident are monetary expenses, which are called economic damages. However, an experienced Houston bicycle accident attorney can also help you claim non-economic and punitive damages.
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Medical expenses
The cost of your ongoing and future medical treatment, along with all the subsequent medical bills, operations, aftercare, and other fees, are included in a well-calculated settlement.
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Lost wages
Most injured cyclists can’t return to work straight away after a serious injury. All the days missed off work, employee benefits, bonuses, or reduction or loss of your earning capacity can and should be fully reimbursed.
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Property damage
Usually, bicyclists suffer more serious property damage than vehicle drivers. Often, their bikes and other belongings can’t be repaired and require complete replacements. The at-fault party also covers these expenses.
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Non-economic damages
No one can put a precise price tag on the amount of physical pain and mental anguish that a person suffers after an accident. However, a qualified bicycle accident lawyer in Houston can help you settle those losses as well.
Finally, punitive damages are exemplary measures taken to punish the negligent driver for their reckless behavior and prevent such instances from happening in the future.
Our Recent Settlements
What Are the Most Frequent Causes of Houston Bicycle Accidents?
While every bike accident is unique and has different underlying conditions, most of them happen due to one of these causes:
- Distracted driving: When a bicycle gets hit by a car in Houston, it’s likely that the driver was checking their device, chatting with their passengers, or enjoying the view instead of paying their full attention to the road.
- Impaired driver: Vehicle operators driving under the influence of various substances are twice as likely to cause an accident than sober drivers. They are prone to speeding, aggressive driving, and ignoring existing rules and regulations.
- Road condition: An accident caused by a road defect can have as severe consequences as a motor vehicle collision. Potholes, debris, or poorly equipped cycling infrastructure serve as a common cause of bike accidents across Houston.
- Dooring accidents: Some drivers don’t check their side mirrors before opening the car doors. Such behavior creates dangerous driving conditions for bicyclists. A suddenly open door can throw them off the bike or send them straight under the wheels of the approaching traffic.
- Poor visibility: Cycling at night or during bad weather is another potential cause of bike accidents in the state. Limited visibility makes cyclists perfect targets, especially if they are driving outside the specially equipped bike lanes.
Main Types of Injuries Sustained in Bicycle Accidents in Houston
Although many bike incidents result in minor cyclist injuries, there’s a fair share of severe traumas that are, at times, life-threatening or even fatal.
- Fractures: Broken bones, especially arms, wrists, legs, and ribs, are among the most common injuries inflicted by an accident. Some fractures are complicated, take a long time to heal, and may require rehabilitation.
- Road rash: Seemingly insignificant but very typical, this bicycle injury can become the source of serious infections that may pose a serious threat to the injured party’s health.
- Head traumas: Traumatic brain injuries are becoming more and more common among bicycle accident victims. Moreover, this type of injury has the highest fatality rate among the traumas. So, it is vital to protect your head at all times while riding the bike.
- Back injuries: 12% of all bike-related traumas are spinal cord injuries. Bicyclists’ backs lack proper protection, and the force of the impact from the vehicle can cause serious issues with the spine.
- Facial injuries: Broken teeth, bruises, dislocated jaws, and other facial traumas are the direct result of the cyclist colliding with a hard surface.
How Much Is a Bicycle Accident Case Worth in Houston?
There’s no one-for-all settlement estimate to refer to since every accident claim is different. However, there are a few factors that Houston bicycle accident attorneys take into account to calculate the case worth as precisely as possible.
Injury Severity
The more serious the injury is, the costlier it will be to treat and the longer it will take to heal fully. However, on top of all the medical costs, you can claim additional coverage to settle for chronic pain, potential future expenses, and emotional distress that your injury inflicts on you. An experienced Houston bicycle accident lawyer will help you estimate the damage to recover compensation in full.
Liability
The worth of most personal injury cases depends on the parties liable for it. Very often, bike accidents are more complicated than they may seem. For instance, if the rider contributes to the accident, the amount of their potential settlement will be decreased based on the percentage of their fault. Also, if multiple parties are involved, the calculations will be more complicated.
Insurance Coverage
The at-fault party must have available coverage to compensate for your losses and damages. However, if their policy limits don’t cover your needs, you will have to accept lower compensation or pursue other options. A well-versed injury lawyer will help you explore other ways to get a fair settlement.
Real-Life Settlement Cases in Houston
An average accident settlement may vary between a few thousand dollars and multi-million reimbursements.
Example 1 – $30K Houston Accident Settlement
$30K Settlement – Thomas Gray sustained severe injuries while driving his bike on a sidewalk. A negligent driver, exiting a driveway, hit him and caused head, back, and neck traumas. The driver failed to yield the right of way to the cyclist.
The court found both parties guilty in the incident, with the driver bearing 55% of the fault. The case was settled for over $30K, and with the deduction of comparative fault fees, the plaintiff received around $17K in damages.
Example 2 – $40M Houston Accident Compensation
$40M Settlement – Mark Braswells was fatally injured by striking a landscaping truck that stopped to unload in the middle of the street in the middle of a four-lane street. Initially aiming for $2M in compensation, the Braswells family was awarded a total of $40M in settlement.
However, based on the evidence in the form of a cracked helmet, it was concluded that the rider was looking down when he struck the truck. This evidence cost the family 32% in shared liability. The widow and the children settled for $10M compensation for the wrongful death to avoid the hassle of an appeal process.
Who Is Liable for a Bicycle Accident in Houston?
Every bike incident is different — there may even be more than a single party to blame. Most commonly, the following people and organizations are at fault:
- Drivers: Since bicyclists typically share streets with motor vehicles, motorists are one of the most obvious liable parties in many accidents. Cyclists facing road rage when sharing lanes with reckless or impaired drivers often end up getting injured.
- Bikers: Sometimes, bike riders become the reason they or other bicyclists get hurt.
- Authorities: If a cyclist gets hurt because of an improperly equipped or non-existent bike lane, debris on the road, potholes, or other dangerous road conditions, they can hold local government entities accountable.
- Manufacturers: In some cases, vehicle malfunction leads to a serious accident. If any of the bike’s systems fail to operate how they are supposed to, you can file a claim against the bicycle producer.
- Pedestrians: Being equal road users, pedestrians can cause an accident. When someone steps in front of your bike without any warning, and that leads to a crash, you can hold those people responsible for the damages and losses sustained in the incident.
How to Prove Fault in a Bicycle Accident?
It is not enough to state that someone is responsible for the injuries and losses that you’ve suffered. You need solid evidence to prove someone’s fault.
- Police report: When the police arrive at the accident scene, they document all the details. It is vital to obtain the police report to support your injury claim further. It will serve as an unbiased account of the incident.
- Witness statements: Another unbiased version of events can be provided by eyewitnesses who’ve seen the accident happen. It is always a good idea to record their statements and ask for contact details.
- Surveillance footage: Street cameras, security systems, or dashcams are also a valid source of information that will help you support your version of the event and point out the liable party.
- Medical records: To claim medical damages, you need to prove the seriousness of your injuries and their financial impact. Every medical document you can access will serve as valid proof of your losses and the other party’s negligence.
- Expert opinion: You can invite accident reconstruction experts to play out the events that led to the incident and point out the party accountable for it.
Houston Bicycle Accident Laws
The state’s accident law entitles cyclists to the same duties and rules as other vehicle operators. They are bound to comply with traffic laws, signs, and signals. While drivers must give the right of way to a bicyclist, the latter should also yield that right to pedestrians.
If there are no bicycle lanes in the area, the riders can use the side of the road or sidewalk as a lane. The exceptions are business sectors of Houston, where it is forbidden to ride on a sidewalk. Bicyclists are to follow the same traffic direction as the rest of the users.
Children under 18 are obliged to wear a helmet at all times. However, it is within the biker’s best interest to put on such gear to protect themselves. Other safety equipment, such as front white lights, reflectors, and functional brakes, are mandatory for all bike riders.
Finally, the Houston law system includes comparative fault regulations designed to allocate a percentage of guilt to each involved party. If the bicycle rider contributes to the accident, they will be assigned a specific amount of guilt, which shouldn’t exceed 50%, or no compensation will be available.
Statute of Limitations for a Bicycle Accident Claim in Houston
Each state has a specific deadline within which you can file your personal injury claim. In Texas, you have two years from the date of the incident to do so. However, certain conditions can affect the timeframe.
For instance, if the person injured in the crash is under 18, the countdown will start after they turn 18. The same applies to people of unsound mind. If you get into a collision in such a state, the deadline will be postponed until you regain the soundness of mind.
Another exception is filing a claim against the state of Texas. Such cases have only six months since the date of the accident. If you are unsure which rule applies to your situation, a trained Houston bicycle accident lawyer will help you understand your legal rights, limitations, and obligations.
How Can a Bicycle Accident Lawyer Help Your Case?
Most professional personal injury lawyers go beyond providing expert legal assistance. They can bring various additional benefits to the table while you receive necessary medical care and focus on healing.
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Accident assessment
A free case review is one of the services that seasoned law firms such as Bicycle Accident Lawyers Group provide. During the consultation, a legal representative will tell you if there’s a case to build and what the chances of a successful settlement are.
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Case investigation
A skilled legal assistant will investigate the incident in-depth, uncovering missing details and essential evidence to help you support the claim and recover the maximum financial compensation you deserve.
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Insurance negotiations
Very often, insurance companies are only willing to pay you as little as possible. A skilled attorney will handle the insurers, negotiating on your behalf so you receive a fair reimbursement for your accident injuries and consequent losses.
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Trial representation
Some claims get initially denied or rejected, so the victim has to go to court to pursue the compensation they are due. A committed Houston bicycle accident lawyer will help you prepare, file, and win the case when taken to trial.
How Much Does It Cost to Hire a Bicycle Accident Lawyer in Houston?
Oftentimes, the victims are reluctant to reach out for professional legal assistance, assuming that they won’t be able to manage the additional financial toll. However, our bicycle accident lawyers do not ask for an upfront payment — we work on a contingency basis.
A contingency basis, or no win, no fee approach, implies that the legal team only gets the payment after the claim is settled. The law firm will negotiate with the client a percentage of the reimbursement they will receive after winning the case. Usually, the fee varies from 30% to 40% based on the complexity of the case.
Note that the contingency fee does not cover any case-related expenses, such as court fees, witness expenses, evidence excess, etc.
Some lawyers in Houston may work on an hourly-rate basis and have a fixed or hybrid fee instead of a contingency basis. It is always a good idea to discuss these matters before you hire them.
Contact Our Houston Bike Accident Lawyers for a Free Consultation Today!
Even a seemingly minor accident can impose serious physical and mental injuries on the victim, let alone the financial hassle of the situation. You don’t have to deal with the pressuring aftermath of the incident on your own — our bike accident lawyers will help you achieve justice.
Call us for a free consultation today — and we will fight for just compensation on your behalf!
Share the details of your situation with us so we can begin advocating on your behalf. We customize our approach to fit the unique needs of each client.