When cyclists ride on traffic-filled roadways alongside other motorists, they are at a greater risk of being severely injured in a collision. In many situations, it is a careless driver that puts them at risk.
If you suffered injuries due to another’s negligence, you could be owed considerable financial compensation. For assistance with filing your personal injury claim against the at-fault party, contact one of our qualified Midland bicycle accident lawyers at Chad Jones Law today.
Assessing Liability in Bicyclist-Related Traffic Collisions
When a bicyclist is on the road, their bike is legally considered a vehicle, and they are given the same rights and duties as motorists under Texas Transportation Code §551.101. As such, the assessment of liability in cyclist-related traffic accidents is similar to how a party’s percentage of fault is determined in motor vehicle collisions.
As with any personal injury claim, if a person suffers unduly harm in a biking accident due to another’s negligent conduct, liability for damages could fall to any of the potentially at-fault parties involved. Determinations regarding the extent of fault that a party has for causing a claimant’s injuries are made by the jury, in accordance with Texas Civil Practice and Remedies Code §33.003. In cases where a bicyclist is partially responsible for their injuries, depending on the percentage of fault they are assigned, their actions could detrimentally impact the recovery of damages.
If the jury finds an injured party is 51 percent or more at fault for causing their losses, they will be barred from recovering any damages at all under Tex. Civ. Prac. & Rem. Code § 33.001. However, if the injured party’s percentage of fault is less than 51 percent, the court may still award the claimant damages for their injuries, but their award will be reduced to reflect their proportion of fault. A skilled attorney in Midland with experience handling bicycle accident cases could work to ensure the percentage of fault assessed to a partially at-fault claimant does not result in the wrongful denial or reduction of the financial compensation they need.
Common Causes of Bike Accidents in Midland
While there are several potential ways in which bicycle accidents can occur most are caused by negligent driving. Some of the most common causes of these types of collisions include:
- Low visibility (e.g., traveling at night)
- Failure to stop or yield properly
- Distracted/inattentive driving
- Blind spots
Regardless of how a bike wreck occurs, the resulting damage it causes can be devastating. To ensure compensation is effectively sought from the at-fault party, those seeking to file a bicycle accident claim for damages should speak with a lawyer in Midland.
Contact a Qualified Midland Bicycle Accident Attorney
Whether it is a cyclist or motorist who is responsible for causing an accident, the ramifications for doing so can be devastating. From extensive physical injuries to substantial medical care and treatment expenses, bicyclists injured in a crash can endure severely harmful losses as a result.
If you or your loved one were recently injured in a cycling-related traffic accident due to another’s negligence, you could seek to recover financial compensation with help from a local legal representative. To learn more about how a Midland bicycle accident lawyer could help you, call today to schedule a legal consultation.