San Antonio Bicycle Accident Lawyer
Drivers hit cyclists all the time. The most common causes are failure to yield at stop signs, failure to yield right-of-way, and right-turn collisions.
Treat these accidents like you would any car accident. Call the police and get a report. Get your injuries checked out and comply with all medical instructions. Avoid saying things like, “I’m sorry, or I’m okay.” Gather evidence, including witness names and numbers, driver contact and insurance details, and photographs.
Finally, get an attorney before you talk to the driver’s insurance company.
While the first steps may look the same, the entirety of your bicycle accident case won’t. There are special considerations to think about when you’re trying to sue a driver.
Unfortunately, some drivers get downright aggressive with cyclists. They cut cyclists off, follow them too closely, and pass them with very little in the way of a safety cushion.
If you can prove a driver caused a collision for acting this way then you may have a case for recovering punitive damages in addition to your physical injury and economic damages. Before you can do that, you’ll have to prove the driver was aggressive.
Follow your attorney’s instructions for gathering all the appropriate evidence.
Questions of Fault
It might be tempting to assume the driver is always at fault. They’re operating the heavier, deadlier piece of equipment.
In reality, cyclists cause accidents too. Moreover, cyclists don’t have insurance policies, which means if you can’t prove the driver was at least 51% negligent, you may have to pay for your injuries out-of-pocket. You’d best believe the driver and their insurance company will be working hard to paint you as the at-fault party.
Even if they can’t prove you’re at fault they’ll try to increase your fault percentage. Texas is a comparative negligence state. If they can prove you were, say, 30% at fault, then your eventual settlement will be reduced by 30%.
Of course, if you made mistakes, like failing to wear bright clothing in the dark, failing to obey traffic laws, failing to put a headlight on your bike, or straying from designated bike lanes or the shoulder, then you’ll need your attorney to downplay these factors so as to reduce your negligence percentage as much as possible.
Bicycle Case Challenges
Here in Texas juries are often biased against cyclists, which can make your case into an uphill battle. They are often inclined to believe allegations of fault and are inclined to treat drivers more gently than they should.
You need an attorney who will combat these biases with evidence and strong arguments, starting with helping the jury understand that Texas law requires motorists to treat bicycles just like any other motor vehicle on the road. We have the experience with these cases to get you the compensation you deserve. Contact the Law Office of Eric Ramos today.