A Guide to Texas Bicycle Accident Lawsuits

Transcription

1 A GUI DETO TEXAS BI CYCLEACCI DENTLAWSUI TS

2 A Guide to Texas Bicycle Accident Lawsuits The Texas Bicycle Laws that all Cyclists Should Know Bicycling is a fun activity for the whole family, but safety is paramount any time you ride. With the recent media coverage of brain and head injuries associated with all types of actives, you probably already recognize the importance of wearing a helmet and staying alert, so today we re going to focus on the laws in Texas regarding cycling. First, the basics: Tex. Transp. Code establishes the fact that bikes are entitled to all rights and obligated to all duties of the road that apply to a motor vehicle. Specific rights or duties may be altered by the Texas Transportation Code, or when a right or duty applicable to a driver by its nature cannot apply to a cyclist. In short, this tell us that when riding a bicycle, we are operating a vehicle in the eyes of the law. But to better understand the specifics of cycling in Texas, you must take a closer look at the Transportation Code. Check it out: - A person operating a bicycle, if moving slower than traffic, shall ride as near as practicable to the right curb or edge of the roadway. By definition, roadway does not include the shoulder of the road. - A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle. - A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry. - A person operating a bicycle, coaster, sled or toy vehicle, or using roller skates may not attach either the person or the bicycle, coaster, sled or toy vehicle, or roller skates to a streetcar or vehicle on the roadway. - A person operating a bicycle may not carry any object that prevents the operator from keeping at least one hand on the handlebars. - Bicyclists must use hand signals to signal their intent to stop, turn left, or turn right. The bicyclist must use the following signals: o Stop Extend the left hand and arm downward o Left Turn Extend the left hand and arm horizontally o Right Turn Extend the left hand and arm upward, or extend the right arm horizontally - Every bike must be equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement. - A person may not operate a bicycle at nighttime unless the bicycle is equipped with the following: o Headlamp a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle.

3 o Red Reflector/Red Lamp A bicycle must be equipped with either a red reflector which is visible from a distance of 300 feet from the rear of the bicycle, or a red lamp visible from a distance of 500 feet from the rear of the bicycle. 1 The laws above should help you understand the ins and outs of cycling in Texas. Remember you can be ticketed if you are not following the rules of the road. More importantly, these rules are designed to keep you safe and prevent accidents. Here are a few other interesting legal facts you may want to know: - There is no Texas law prohibiting cycling on sidewalks, but local municipalities do sometimes have ordinances against this. Pay attention to signage, and contact local law enforcement if you have a question. A person may stop, stand, or park a bicycle on a sidewalk if it does not impede normal and reasonable movement. - Even when a bike path is adjacent to the roadway, a cyclist does not have to use it. So long as the rider is adhering to all listed rules of the road and bike laws, they are entitled to all rights of the roads that apply to cars, including access. I Just Got Hit by a Car While Riding My Bicycle.Now What? As a cyclist, you have probably considered the possibility of being hit by a car while out for a ride. Maybe you have even been hit before or you have had a few close calls. Fortunately, most cyclists avoid serious collisions while riding. In fact, you are more likely to be injured as a driver or passenger in an automobile accident than on a bike. However, collisions do happen, and knowing the steps to take immediately following an accident is important. There are 6 essential steps any cyclist should take immediately after a collision. These steps include: 1. Move Out of the Street If at all possible, you need to move out of the roadway and get somewhere safe. Avoid running or making sudden movements, as this may aggravate injuries you have just suffered. Ensure you are paying careful attention to moving traffic and proceed to the nearest safe space. 2. Check Yourself for Injuries For the time being, do not worry about your bike. Move it out of the roadway and leave it be. Look yourself over for injuries like cuts, scrapes, and bruises. Pay attention to your body closely. Whatever you do do not get back on your bike and leave the scene. Injuries often do not reveal themselves for a while after an accident. 3. Remain as Calm as Possible Call 911 Many cyclists first reaction upon being hit is anger and frustration. Avoid yelling at the driver and call - or have someone call Not only do you want EMS at the scene in order to administer medical attention and 1

4 transport you to the hospital if necessary, but you want a police officer to come record the incident and file an accident report. Remember, even if you are not feeling hurt immediately after the accident, injuries may reveal themselves as time progresses. You need to be evaluated by a medical professional, and you should be sure to follow the advice of such medical professional. 4. Be careful what you say Avoid talking about fault or discussing the facts of the case with people unless you are sure of what occurred. Even seemingly innocuous statements like, I didn t see him coming, could be misconstrued as something like, I wasn t paying attention, by insurance companies. Do not push blame, do not admit fault, and avoid talking about the specifics until you are giving your complete story to the police. Let professionals determine fault. 5. Collect Information This is an especially important step if you have injuries that will require medical attention or damages you should be compensated for. You want to let the police do their job and determine the at-fault party, but this does not mean you cannot be proactive. It is not unusual for a cyclist to be mistakenly ticketed, but DO NOT argue with the officer at the scene save it for court. Take pictures, collect the driver s information (view license and insurance documents to verify), and gather the contact information of any witnesses. 6. Follow Up You will want to speak with the police about the scene regarding the accident report (first, make sure they are filing one!). Be sure you have a plan for getting a copy of the report. In addition, if you have any injuries or damages, making a claim with the insurance company of the driver who hit you is prudent. You should also consider speaking with an attorney if your injuries are significant. Getting hit by a car while riding your bike is freighting, even if you are not severely injured. Staying calm and remembering the key steps to follow in the moments following the crash can make dealing with the aftermath a whole lot simpler. How is Fault Determined in Bike vs Car Accidents? Cycling is becoming a more popular means of transportation in many American cities. More often, people are riding to get somewhere (like work) rather than just for pleasure or exercise. Houston (and several other cities) even feature a yearly Bike to Work Day. This means there is a heightened awareness of bicycle safety as cities around the country focus on improving roadways to allow easier access for cyclists. It also means however, that there s a greater chance of collisions between cars and bikes. Remember that cyclists have the same rights to the roadway that drivers do, but that this cuts both ways. Cyclists have a duty to obey traffic laws and avoid accidents whenever possible. That means that it is quite possible for someone on a bike to be at fault in a car vs bike collision. Three common types of car + bike accidents include: Ø Being brushed by a passing vehicle Ø Being hit by a motorist turning right, and Ø Being hit by a motorist turning left.

5 In all three of these accident types, either the driver of the car or the cyclist may be at fault. But how is that determined? Typically, the police officers who first arrive at the scene will gather the facts and weigh in on who the at-fault party is. However, this is not necessarily the final word the details can also be argued further in court. Avoid Being At-Fault in an Accident The easiest way to avoid being the party responsible for causing a collision is to closely follow the rules and laws laid out for Texas cyclists. Just as a driver can be held responsible for negligence, so too can a cyclist. It is important to note that in Texas, cyclists have all the same duties (duty of care) as drivers. That means, if you are riding down the road and pass through a stop sign without stopping, and a driver who did stop proceeds to turn right and hits you, you are likely at fault for causing the accident. Police officers are not going to go easy on you because you are operating the smaller, less powerful vehicle. In fact, being a cyclist may actually work against you in some cases. That is why it is important that you follow the rules of the road and, if you are in an accident, be sure to get the contact information for any witnesses. Determining the At-Fault Party Ultimately, fault will be decided by the court or a jury. Like other accidents, state law will be the deciding factor in assigning fault whether the evidence and facts are revealed through investigation, discovery, or at trial. During the claim or lawsuit proceedings, attorneys for the cyclist must prove that there was negligence, which means the other person violated his or her duty of care owed to the cyclist. If the driver is found to be negligent then the driver may be able to recover his or her damages from the at-fault driver. However, if the cyclist is found to be negligent, he or she will be left to pay for any resulting medical bills or other damages. A cyclist could be found negligent for a variety of reasons. A few example of this type of negligence might be riding the wrong way through traffic, running a stop sign or red light, or turning without warning into traffic due to a lack of attention. Do not let this happen to you. The best way to avoid an injury or accident is to focus on safety and follow the established rules of the road. Do I need an attorney after being hit by a car? An accident involving a cyclist and a car, or truck, is often quite serious. A bicycle does not afford the rider the same safeguards a vehicle does, and the cyclist is well-outclassed in terms of weight and resilience to injuries caused by an accident. If you have significant injuries, it would be advisable to consult an attorney regarding your accident. Dealing with an insurance company, especially after an accident, can be onerous. People often take the first settlement offer made or accept a refusal of compensation just so they can move on and not have to deal with the issue. This is a huge mistake that might end up costing you thousands of dollars. You should not have to pay for medical bills stemming from an accident in which you were not at fault. When working with a qualified and experienced attorney, you will have the peace of mind of knowing somebody is on your side throughout the process. If you are injured by a driver when on your bike, seeking consultation from a qualified attorney is the best action to take.

6 Bicycle Accident FAQ Curious about what to do if you are injured in a bicycle accident? Check out some of the most frequently asked questions we hear: I just got hit by a car while riding my bike what do I do? Move yourself to a safe area. If you are injured, call the police and make sure to get a report. When in doubt about the extent of your injuries, go get checked out at the hospital. Exchange information with the person who hit you. If possible, take pictures and get the names and phone numbers of any witnesses. Does Car Insurance Cover a Bicycle Accident? The short answer, in most cases, is YES. The policy of the driver who hit you will cover any damages or injuries caused by the insured driver. This includes injuries to other drivers or passengers in a vehicle, injuries to cyclists or pedestrians, or physical property damages that occur (like to your bicycle). Also, if you have a car insurance policy, such policy may provide you with additional coverage. Could Damage to My Bicycle Be Covered? Yes. If you are in an accident and the driver was found to be negligent, you are well-within your rights to seek compensation, not only for your injuries, but for damages to your bicycle. What if the Driver Doesn t Have Insurance or Flees the Scene? If you are hit by a driver who flees the scene, or by one who does not have insurance coverage, you may be covered by your insurance company depending on the type of policy you purchased. How Much is My Case Worth? The answer to this question is long and complicated. To truly understand the value of your case, it is a good idea to speak with an experienced personal injury lawyer. There are a number of factors that will go into the case valuation, including: v Current and future medical bills. An attorney will consider future treatment you may need and will incorporate that into your case s value, along with medical expenses that have already been incurred. v Property damage. As we have already established, if your bike (or any property you were carrying) is damaged in the accident, you have the right to seek compensation. v Lost wages. If you have to miss work due to an injury you suffered, you are entitled to be compensated for the time missed. This requires accurate tracking of time as well as exact calculations of the wages lost. v Pain and suffering. An injury that causes long term issues can negatively affect your quality of life. The difficulties produced are real, but there is no receipt to attach an exact value. Scarring, depression, untreatable physical pain, and even anxiety can all qualify as pain and suffering. Should I Talk to a Lawyer After the Accident?

7 If you were injured (other than minor scrapes and bruises), we highly recommend that you speak with a lawyer. A qualified lawyer will help you navigate your claim and make sure you are treated fairly. What About Legal Fees? I Really Cannot Afford an Attorney. Many personal injury attorneys work on what is known as a contingency fee, which means you only have to pay a fee if the lawyer is able to recover money on your behalf. This means that you do not have to pay legal fees or costs up front, and only pay the attorneys an agreed upon percentage of your settlement or judgment. Getting hit by a careless driver when you are on a bike can be a frightening and often painful experience. Make sure you take the necessary steps to care for your injuries and receive fair compensation.