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Bicycle accidents are too common in Texas, but the same can’t be said about bicycle accident lawsuits. This disparity is usually brought about by the lack of knowledge regarding personal injury laws. On top of that, many bicycle accidents are blamed on individual riders.
However, some bicycle accidents involve other parties such as motorists. Bad roads and weather are also to blame. In these scenarios, finding a Fresno bicycle accident lawyer you can trust is essential. Our team can advise you on your rights and pursue legal action on your behalf if your case meets the criteria for compensation.
Sustaining an injury in a bicycle accident does not qualify you automatically for compensation. You must meet certain criteria before you can recover a settlement for losses. In Texas, personal injury laws require that anyone who wishes to pursue legal action for compensation in an accident caused by another party must show how negligence was involved. Generally speaking, determining whether you have a valid claim solely lies in how negligence applies in your case.
Duty of care means that someone else was obligated to ensure their actions do not pose a threat to your safety. Every party on Texas roads from pedestrians, motorists, bikers, and cyclists has to follow traffic rules. This is the only way safety for all can be guaranteed. Your first course of action in determining whether you have a case is to show how the other party owed you the duty of care.
Any action or inaction that is not in line with maintaining the duty of care is deemed as a breach of duty. As mentioned earlier, everyone on our roads owes you a duty of care. When an accident occurs, your job is to show how they breached that duty. For example, a motorist may have been speeding or aggressive. Because these are outright violations of Texas traffic laws, a Fresno bicycle accident attorney can help you prove this through experts, eyewitnesses, and traffic footage.
Besides showing that the duty of care owed to you was breached, you also carry the burden of proving that the breach was the proximate or direct cause of the harm suffered. Unlike criminal cases where this is proven beyond a reasonable doubt, personal injury law requires causation to be shown with the preponderance of the evidence. Simply put, the other party’s action or inaction must have been to blame to a greater extent, usually 50% or above.
Damages in a personal injury case are easier to prove especially when the other three elements of negligence have been fully discovered. As long as there is proper documentation of the tangible and intangible losses you suffered, a dedicated lawyer can help you settle sooner. Lost wages, property repair costs, physical pain and suffering, emotional distress, medical expenses, lost future income, and loss of enjoyment of life are a few examples of damages you may recover after a bicycle accident.
Liability in a bicycle accident involving negligence is established based on the elements discussed earlier. Regardless of the party you wish to sue, you have the mandate to prove that a duty of care existed, but was breached, thus causing your injuries and other losses. By understanding this, you can establish fault on any party involved in your accident such as:
Applying the elements of negligence in your case may seem obvious, but that is not often the case. You need the expertise of a seasoned Fresno bicycle accident attorney who understands what finding justice means to you and your loved ones. Before hiring an attorney, you should look into their experience and area of expertise since not all lawyers are qualified to handle personal injury cases.
Determining whether you have a valid claim is a responsibility that should be left to an experienced legal team. Our Fresno bicycle accident lawyers are happy to answer any questions you may have about your rights and eligibility for compensation. Call us now or fill out our online contact form to speak with us about your case.
Lone Star Injury Attorneys, PLLC
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