If you were badly injured in a bicycle accident, it is likely that an ambulance took you to the emergency room. If you felt at the time you had few or minor injuries, you may have decided against seeing a doctor. That’s a mistake. It is important to see a doctor as soon as possible after an accident for an examination. Some injuries may not become evident for 24 hours or more after the impact. You need medical documentation to file an injury claim, and it is important that the examination takes place promptly after the accident. If you wait to see a doctor, the insurance company may claim you received the injuries from an unrelated mishap.
Texas law has a comparative fault rule, and both the cyclist and the driver may be partially at fault for the accident. As long as the cyclist’s fault did not exceed more than 50 percent of the reasons for the collision, the cyclist may still receive compensation. Determining the percentage of fault lies with the insurance companies, but it is possible to contest their determination. Doing so requires strong documentation.
If the cyclist died from his or her injuries, survivors may file a wrongful death suit. The suit may focus not only on the fault of a motorist involved but also on any defects in the bicycle or bike helmet that may have caused or contributed to the fatality. If a roadway issue contributed to the crash, an attorney can hire a transportation engineer to examine the site to determine whether safety standards were met.
Bicycle accident damages may include the easily computed, such as lost income, along with compensation for more intangible and not as readily determined damages. Examples of both include: Medical expenses – past and future Lost wages Pain and suffering Physical disfigurement Property damage – replacement value of the bicycle If you were the victim of a hit-and-run driver who is never identified, you still may receive some compensation from the Personal Injury Protection (PIP) insurance carried on your automobile coverage. This PIP insurance is listed on your policy, but you must be named specifically to have coverage. Your attorney can help you with this and other insurance coverage to help you receive compensation.
