Being hit by a car while riding your bicycle can be a terrifying and disorienting experience. In the moments following such an accident, you may find yourself grappling with pain, confusion, and uncertainty about what steps to take next. Your actions after a bicycle accident can significantly impact your physical recovery and your ability to seek compensation for your injuries.
An Austin bicycle accident lawyer at Zinda Law Group can help. Our commitment to excellence in personal injury law has earned us recognition, with several of our attorneys named in the National Trial Lawyers’ prestigious “40 Under 40” list.
This distinction reflects our dedication to providing experienced and vigorous representation for cyclists injured due to others’ negligence on the road.
How to Take Action Against a Negligent Driver
When you have been hit by a car while cycling, taking prompt and decisive action is ideal to protect your rights and build a strong case. Your first priority should be ensuring your safety and seeking immediate medical attention, even if your injuries are minor, as some symptoms may not manifest immediately.
Your well-being matters, and receiving timely medical attention not only helps your healing process but also creates essential documentation of your injuries.
Once you have addressed your immediate medical needs, focus on gathering evidence at the scene if you are able to do so safely. Take photos of the accident site, your bicycle, the vehicle involved, and any visible injuries you have sustained. If there are any witnesses present, politely ask for their contact information and a brief statement about what they saw.
Obtain the driver’s contact and insurance information, but avoid discussing fault or making any statements that could be interpreted as admitting responsibility. Report the incident to the police and ensure an official report is filed, as this document can be valuable when pursuing your claim.
The actions you take in the immediate aftermath of the accident can significantly impact the outcome of your case, so stay calm and focused on protecting your interests.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationThe Process of Taking Action When a Driver Hits You on Your Bike
The process of taking action after a bicycle accident involves several crucial steps. Initially, file a police report to create an official record of the incident, which will be essential for your claim. Following this, the typical process includes:
- Seeking medical treatment and documenting all injuries
- Notifying your insurance company about the accident
- Collecting and preserving evidence, including medical records and repair estimates
- Consulting with an experienced bicycle accident attorney
- Filing a claim with the at-fault driver’s insurance company
- Negotiating a settlement or preparing for litigation if necessary
You should act fast as Texas has a two-year statute of limitations for personal injury claims. Engaging a knowledgeable attorney early in the process can help ensure you meet all deadlines. This helps to potentially maximize your chances of a favorable outcome.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationWays You Could Be Partially at Fault for a Bicycle Accident
While many bicycle accidents result from driver negligence, there are scenarios where a cyclist may be partially at fault. Understanding these situations is crucial to following comparative negligence in Texas, which can affect your ability to recover damages. Some ways a cyclist might be partially at fault include:
- Failing to obey traffic signals or signs
- Riding against traffic flow
- Cycling while distracted or under the influence
- Not using proper lighting or reflectors at night
Even if you are found partially at fault, you may still be eligible for compensation if your fault does not exceed 50%. However, the percentage of fault you have will reduce your compensation. For instance, if they determine you are 20% at fault, they will reduce your compensation from $100,000 to $80,000.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationPotential Compensation You May Be Able to Receive
If you have suffered from a car collision while riding your bike, Medical expenses often form a significant portion of the compensation, including costs for emergency treatment, hospitalization, surgeries, medications, and ongoing rehabilitation. These costs can be substantial, especially in cases of severe injuries like traumatic brain injuries or spinal cord damage.
Lost wages and loss of earning capacity are also important components of potential compensation. If your injuries prevent you from working temporarily or permanently, you may be able to recover both current and future lost income. This can be particularly crucial for cyclists who suffer long-term disabilities as a result of the accident.
Beyond these economic damages, you may also be able to receive non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. While these damages are more challenging to quantify, they often constitute a significant portion of the overall compensation in serious injury cases. An experienced attorney can help you figure out how to calculate the value of a personal injury claim.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationFactors When Considering Proving Negligence
Proving negligence when a car hits you on your bike is a critical aspect of any bicycle accident claim, and several factors come into play. The foundation of a negligence claim rests on establishing that the driver owed you a duty of care, breached that duty, and that this breach directly caused your injuries. Important factors in proving negligence include:
- Evidence of traffic law violations by the driver
- Witness testimonies corroborating your account of the accident
- Analysis of the accident scene and vehicle damage
- Documentation of distracted or impaired driving
- Video footage from traffic or security cameras
Gathering and presenting this evidence effectively requires legal experience and resources. One of the benefits of hiring a personal injury lawyer is that they can collect and organize this evidence. They can also work with expert witnesses on your behalf to build a compelling case to prove the driver’s negligence.
Work with a Texas Bicycle Accident Attorney
If you have experienced a bicycle-car collision in Texas, getting legal representation should be your first step. At Zinda Law Group, we understand the unique challenges cyclists face in accident cases and are committed to fighting for your rights.
Our team of experienced attorneys will work to ensure you receive the compensation you deserve for your injuries, lost wages, and other damages.
Do not let the statute of limitations expire on your claim. Contact Zinda Law Group today for a free consultation to discuss your case and explore your legal options. Let us handle the legal complexities while you focus on your recovery and getting back on your bike.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
