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A bicycle accident can be devastating, leading to extensive injuries, some of which affect a person for years. Injuries are not the only issue riders face; a financial toll usually comes with an accident. Medical bills pile up, you may be out of work for an extended period of time while you heal, and other bills will ordinarily amass during that time.
An experienced Austin personal injury attorney can help you navigate this difficult time. Our Austin personal injury lawyers at Zinda Law Group have the necessary skills and experience to help you deal with the repercussions of a bicycle accident; we can guide you through the legal system to ensure you receive the maximum compensation you are entitled to. So, if you have been involved in a bicycle accident, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with our Austin bicycle accident attorneys.
For a free legal consultation with a bicycle accidents lawyer serving Austin, call 800-863-5312
BICYCLE ACCIDENT STATISTICS
According to the National Highway and Traffic Safety Administration (NHTSA), 79% of bicycle accidents occurred in urban areas in 2018, while 21% of accidents occurred in rural areas. Most bicycle accidents occur from 6 p.m. to 9 p.m. and from Midnight to 3 a.m. Most often the area where an accident occurs is not at an intersection; collisions away from intersections make up 60% of all accidents, while collisions at intersections make up 29% of all accidents.
Statistics for 2020 show that fatalities resulting from bicycle accidents are on the rise. The state of Texas is among the four deadliest states for cyclists involved in accidents, accounting for 7% of total deaths nationwide as of 2020. Fatalities from bicycle accidents are higher between 6 p.m. and 3 a.m. on the weekends.
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WHAT TO DO IF YOU’VE BEEN IN AN ACCIDENT
What you do in the days and weeks after a bike accident is crucial to the success of your claim. Understanding what you need to do after an accident will ensure that your needs are taken care of and that you can receive the maximum compensation that you are entitled to. The following list contains steps you need to take after an accident occurs.
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Seek Medical Attention
If you or others are seriously injured from the accident, call emergency medical services; you should seek medical attention as soon as possible after an accident. Even if you believe your injuries are minor, you should be evaluated, for you may have latent injuries that will not be apparent until you are examined by a doctor. Be sure to ask your doctor for any documentation regarding the extent of your injuries.
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Call the Police
Call the police immediately. An officer will investigate the scene of the accident and take witness statements. Afterward, the officer will file a police report. Be sure to request a copy of the report.
Collect Insurance Information and Statements
Collect the contact and insurance information of the driver or drivers involved in the accident; doing so at the scene will save you the hassle of trying to track down those involved later on. Speak to witnesses and collect their contact information as well. You may need to contact them at a later date to provide more information about what they saw.
Document the Scene
Take pictures of the accident site and the surrounding area. Be sure to photograph road conditions and any traffic signals, such as lights or stop signs, nearby. Take photos of your injuries, as well as the damage to your bicycle and the other vehicle involved. You will need these later.
Contact an Attorney
You will likely need a lawyer for a bicycle injury, and it is important to contact one as soon as possible. A bike injury lawyer near you in Austin can assist you in the process of filing your claim. The lawyer can gather all the evidence, such as your photos and medical documents, as well as witness statements and the police report, to help prove that the other party was responsible for the accident.
According to the Texas Civil Practice and Remedies Code §16.003(a), the statute of limitations for a personal injury claim in Texas is two years. This means that you have two years from the date of your injury to pursue legal action, and if you fail to do so in that time period, you lose your right to bring a claim. Contacting a lawyer immediately will increase your chances of recovery on your claim.
TYPES OF INJURIES FROM BICYCLE ACCIDENTS
Common injuries from bicycle accidents range from minor to severe. Depending on the severity of the injury, you may be out of work for days or weeks while you recover. The most common types of injuries suffered from a bike accident in Austin are:
- Road rash
- Minor cuts and bruises
- Broken bones
- Facial injuries
- Concussions
- Neurological damage
- Wrongful death
If you suffer any of these injuries or others as a result of a bike accident, remember to document every examination and treatment you receive and give that information to your personal injury lawyer.
PROVING NEGLIGENCE
If you believe your accident was the result of a driver’s negligence or intentional misconduct, an experienced lawyer can help you recover compensation for your claim. In pursuing legal action, you will need to prove that the driver was negligently driving their vehicle when the accident occurred. In order to prove the driver is liable, you need to find three things:
- The driver had a duty to act with reasonable care.
- They breached this duty of care with their actions.
- Your injuries resulted from the driver’s breach of this duty.
A lawyer will help prove the driver’s negligence using the evidence you collected at the scene on the day of the accident, along with the police report and your medical records. You cannot recover compensation for your claim unless the other party is found liable for the accident.
WHAT YOU CAN RECOVER
If the driver is found to be liable for the accident, you will be able to recover damages for your injuries. There are two types of damages: compensatory and punitive. Punitive damages are meant to punish the at-fault party and deter future negligent action; compensatory damages cover the current and future costs of your accident. Below are costs that are typically recovered through compensatory damages in a personal injury case.
Medical Costs and Rehabilitation
The costs associated with your injuries can be astronomical. There are initial doctor’s visits and follow up appointments that you may be paying for out-of-pocket while waiting on the status of your claim. Depending on the extent of your injuries, you may require rehab for weeks or months after the accident in order to fully heal; rehab can be expensive and is not always covered fully by insurance, but you can recover for any out-of-pocket costs associated with rehab treatments.
Lost Wages
If you were out of work for any period of time due to your injures, you will be able to recover the wages you would have earned during that time. You can also recover any future wages you will miss if you are unable to work for an extended period.
Reduced Earning Capacity
Your injuries may permanently impair you, and this can impact your ability to perform the job you once had before the accident. If your ability to work is impaired, and your injury prevents you from working a job with comparable pay to what you were making before the accident, you may be able to recover for your reduced earning capacity.
Emotional Trauma
Bicycle accidents can be traumatic experiences for all of those involved, but it is especially hard on the victim. You can recover damages for the emotional and mental injuries you may endure in the weeks, months, and even years after the accident.
Additional Costs
If you are injured and unable to work, other costs aside from medical bills will start piling up. These costs include alternate transportation if you are unable to drive due to your injury, groceries, rent, child care costs, etc.
HOW ZINDA LAW GROUP CAN HELP YOU
Our experienced personal injury lawyers here at Zinda Law Group have the expertise and experience that can best assist you in getting the maximum compensation you are entitled to for your claim. Our Austin personal injury attorneys have represented many clients who have been victims of bicycle accidents, so we can walk you through the claims process and navigate the ins and outs of the legal system in order to help you recover on your claim.
If you have been injured on a bicycle, lawyers at Zinda Law Group will help you with everything you need to recover the maximum amount of compensation you are entitled to. If we do not win your case, you do not pay any fees. This is our No Win, No Fee Guarantee.
If you are the victim of a bicycle accident and are trying to figure out your next steps, call us today at (800) 863-5312 to speak with an Austin bicycle accident lawyer and receive a free consultation.
Frequently Asked Questions
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