Bicycle accidents involving vehicles are often distressing and bewildering events. Usually, cyclists sustain severe injuries because bicycles offer little protection, unlike cars.
Due to the legal complexities that may follow after such an incident, it is essential to seek legal guidance from an experienced Houston bicycle accident lawyer. Additionally, there are several crucial steps that you must take after being involved in such an accident, which include the following.
Prioritize Your Health and Well-being
Like any other crash, the immediate aftermath of bicycle accidents involving vehicles can be distressing and too much to handle for the victims, especially if it is their first encounter. Here is how you can prioritize your safety in such a scenario.
Seek immediate medical assessment.
Most accident victims assume medical tests because they lack evidence of external injuries. The truth is fatal injuries may not always manifest immediately, especially if they are internal. It takes a medical evaluation to detect and control them before they get out of hand. Therefore, whether you feel hurt or not, you should see a doctor immediately after a bicycle accident. Visiting a healthcare professional ensures that your injuries are properly assessed and documented.
Establishing a medical record
For your compensatory claim to stand, you must have adequate evidence. This includes a well-established medical record. A medical record from an established medical facility is proof of the injuries sustained during the accident. It also helps to establish the expenses incurred while treating your injuries. This makes it easier to sum up your losses when seeking compensation.
Gathering evidence at the accident scene
Like the medical records, gathering evidence from the accident scene is crucial evidence. This ensures that you build a solid case, as it makes it easier to determine liability. Here is what you should do while gathering evidence:
- Take photographs
Visual records using your smartphone can provide essential evidence for your claim. Capture your injuries and damages caused to your bicycle and other personal property, such as a water bottle or helmet.
- Collect witness statements
Witness statements add credibility to your case by corroborating your version of events. These are the people who were present before, during, and after the incident. If there are witnesses to the accident, approach them and collect their contact information. Ask them for statements regarding what they saw.
- Obtain vehicle information
Exchange information with the driver involved in the accident. Ask for their name, contact details, driver’s license number, vehicle’s plate number, make and model. With this information, you can quickly get in touch once the legalities begin.
- Request the police report.
If law enforcement responded to the scene, request a copy of the police report. This report typically contains vital details about the accident, including statements from involved parties and witnesses.
Determining Liability in Bicycle Accidents
Determining liability in bicycle accidents involving vehicles can be a complex process. Liability is generally assigned based on the party at fault. Here’s how liability may be assessed in various scenarios:
Driver Negligence
If the vehicle driver’s actions directly caused the accident, such as running a red light, failing to yield, or driving while distracted, they will likely be deemed liable for the incident.
Cyclist Negligence
While vehicle drivers are to blame for most of such accidents, cyclists can also be faulted in some. A cyclist may fail to regard traffic signals, give way, or ride recklessly, leading to an accident. Depending on the circumstances, liability may be granted to the cyclist or shared between the cyclist and the driver.
Road conditions
Poor road conditions, inadequate signage, or road defects can sometimes play a significant role in accidents. A government entity responsible for road maintenance may be held liable if the accident occurred due to hazardous road conditions.
Vehicle defects
In rare cases, a defect in the vehicle itself, such as faulty brakes or malfunctioning lights, may contribute to the accident. In such situations, the vehicle owner, manufacturer, or maintenance provider may be liable.
Seeking Legal Assistance
Navigating the legal aspects of a bicycle accident can be daunting, especially when determining liability is not straightforward. Consulting with a Houston bicycle accident attorney is highly advisable. An experienced attorney can be your advocate throughout the process and help you in various ways:
Assessing Your Case
Your attorney will thoroughly evaluate the accident details, gather and analyze evidence, and determine the strength of your potential claim.
Negotiating with Insurance Companies
Dealing with insurance companies can be challenging. They often try to minimize payouts. Our bicycle accident lawyer in Houston can negotiate on your behalf to ensure you receive fair compensation for medical bills, lost wages, property damage, and pain and suffering.
Filing a Lawsuit
Suppose an appropriate settlement is not reached after negotiations with the other party. Your lawyer may be necessitated to file a lawsuit for a better outcome. Lawsuits are complex and lengthy. However, this may be your only option to acquire a proper settlement.
Protecting Your Legal Rights
Your attorney will work diligently to protect your rights throughout the legal process. They will ensure that deadlines are met, paperwork is filed correctly, and your interests are always at the forefront.
Conclusion
Being involved in a bicycle accident with a vehicle can have far-reaching health and economic consequences. However, having the appropriate guidance can help you get back on your feet quickly. That is why you should choose us to represent you. Contact our well-versed Houston bicycle accident lawyers today for legal guidance and representation.
