Legal Options Following a Bicycle Accident
The average economic losses, mostly medical bills, in a catastrophic (life-threatening) injury case are over $150,000. Most bicycle accidents cause catastrophic injuries. These victims, many of whom are small children, have almost no protection from oncoming vehicles. The catastrophic injuries in a bicycle accident case include head injuries, broken bones, and internal injuries. These injuries are usually permanent, at least to an extent.
Most families live hand to mouth and cannot possibly absorb a $150,000 bill. A Sugar Land personal injury lawyer obtains the financial compensation these victims need to pay these bills and recover from their injuries. Compensation in a bicycle accident claim also includes money for noneconomic losses, such as emotional distress. No one should ever have to suffer in silence.
Negligence Per Se
Compensation is available if a Missouri City personal injury lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Usually, bicycle accident victims file ordinary negligence claims, as outlined below. Sometimes, however, a statewide safety law or local ordinance establishes the standards of care. So, if a tortfeasor (negligent driver) violates a safety law and causes a bicycle crash, the tortfeasor could be liable for damages as a matter of law.
Briefly, there’s a difference between legal responsibility (liability) and financial responsibility. Tortfeasors are almost never financially responsible for damages. This burden usually falls on an insurance company or a third party, like a commercial alcohol provider or employer.
The negligence per se rule only holds up in court if first responders cite the tortfeasor for a safety violation. Unless the tortfeasor was DUI, that usually doesn’t happen. Most police officers believe that bicycle crashes, even fatal ones, are civil actions that don’t merit police involvement.
Some insurance company defenses may be available in negligence per se claims. More on that below.
Ordinary Negligence
Therefore, most bicycle accident victims file ordinary negligence claims. In Texas, an ordinary negligence claim has four basic elements:
- Duty: Most drivers have a duty of reasonable care. They must allow bicyclists to share the road, watch out for them, and avoid crashes if possible. A higher duty of care applies in some cases, usually if the tortfeasor was an Uber driver or other commercial driver.
- Breach: Tortfeasors breach their duty of care when they drive aggressively (speeding, faking to maintain a proper lookout) or while impaired (drunk or stoned). Not every driving mistake is a breach of duty. For example, there’s a difference between turning without signaling and turning without looking.
- Cause: A Missouri City personal injury lawyer must prove both factual and legal cause. Factual cause is but-for cause (the bicycle accident wouldn’t have happened “but for” the breach of duty), Legal cause is foreseeability. If Ralph loses control of his car, it’s foreseeable that a bicyclist might be injured, even if that victim wasn’t right next to Ralph.
- Damage: Usually, the victim must sustain a physical injury, and/or property damage, to receive the aforementioned compensation. There’s a difference between a physical injury and a visible injury. Post Traumatic Stress Disorder is a physical injury. PTSD is a stress-induced brain injury. Other legal options may be available as well, such as negligent infliction of emotional distress.
Comparative fault is one of the most common defenses in ordinary negligence and negligence per se claims. This legal loophole shifts accident blame from the tortfeasor to the victim. For example, if Ralph drove recklessly and Sally rode her bike recklessly, they might each be partially at fault for the collision.
Connect With a Thorough Fort Bend County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
injuryfacts.nsc.org/all-injuries/costs/guide-to-calculating-costs/data-details/
