Filing Damages for Bicycle Accident Injuries
There are very few months in Texas in which an individual would choose not to ride a bicycle if they so desired and the weather permitted. Texas is actually one of the better states to offer the opportunity to exercise and see the “great outdoors” on a bicycle. Unfortunately, the current society functions on the mechanical engine and the automobile, and bicycle injuries occur because of the fact that bicyclists are often difficult to see among a sea of moving cars.
The Law
In Texas, bicycling is very popular because of the constant temperate weather, yet injuries are often rampant. Personal injury lawyers can help assist you, a loved one, or someone you know in recovering damages for an injury suffered from a bicycle accident. The question often turns to the potential to recover damages, including pain and suffering, from your insurance carrier or the insurance carrier of the individual who caused the injury. If you are covered by an auto insurance policy, you may be able to recover for either personal injury protection (PIP) or uninsured (UM) benefits depending on your auto insurance and, in addition, you may be able to recover for your medical bills, lost wages, and other injuries.
In order to recover from a driver of an automobile who caused the accident, you must demonstrate negligence on the part of the driver. Texas follows the rule of modified comparative negligence, and that means that you or the injured individual must show that you were 50 percent or less at fault than the other individual involved. If you were found to be 51 percent at fault, you will not recover for your injuries. Additionally, Texas has a 2-year statute of limitations on personal injury claims.
Remember to seek medical assistance immediately if you have been injured. Report the incident to police so there will be a record of the incident for your personal injury attorneys to reference in furtherance of any suit brought in favor of the injured.
Legal Help
If you or someone you know has experienced an injury or wrongful death because of a bicycle-related accident, contact The skilled New Braunfels wrongful death attorneys at The Bettersworth Law Firm, where they focus their legal practice on personal injury, including bicycle injury cases. Attorney Bettersworth and his dedicated staff are dedicated to working to protect the rights of the injured party.
Sources:
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.33.htm
http://www.statutes.legis.state.tx.us/Docs/CP/pdf/CP.16.pdf
