More cities and neighborhoods are creating lanes to accommodate the increase in bicycle riders. When automobile drivers forget to give space to bikers and cause an accident, the person on the bicycle suffers the most. Bikers have little to no protection from the impact of a vehicle weighing thousands of pounds.
If you or a loved one have suffered injuries in such a crash, you need help seeking compensation from a qualified Houston bicycle accident lawyer. At the de la Garza Law Group, we know that every case is personal. We fight for the injured by helping them acquire the compensation they need. Our goal is to make the world a safer place by helping each client seek justice against those who did them harm.
How a Houston Bicycle Accident Attorney Can Help You
Our team of bicycle accident lawyers provides the experience and knowledge to fully investigate your case to determine who is at fault. Many parties can be held responsible, such as a driver who cut you off or hit you, the manufacturer of your bike, or even a property owner who failed to keep their parking lot free of potholes or ice.
Determining who bears liability for your injuries requires a professional legal team. Our Houston bicycle accident attorneys will gather evidence through various actions such as:
- Taking photos of the scene, your injuries, and the damage to your bicycle
- Consulting with specialists and experts in medicine, accident reconstruction, and physics
- Collecting video of the accident from security, traffic, and dashboard cameras
- Interviewing witnesses for their statements
- Obtaining police reports for the incident
- Gathering and analyzing your medical records
- Speaking with specialists to determine your medical prognosis
- Accessing the driving record of the person who hit you
In addition to building your case through evidence, we will negotiate with insurance companies on your behalf. Texas is an at-fault state, meaning Houston drivers are responsible for any injuries or damage they cause in an accident. However, filing a claim is not as easy as you may think.
Compensation You Can Pursue in a Bicycle Accident Claim
Once you have begun to recover from your physical injuries, you may wonder how to recover financially. Because bike riders often suffer extreme trauma from an accident, you probably have bills coming in from medical providers, hospitals, and therapy centers. You would not face these expenses if not for the reckless actions of the person who hurt you, so you should seek compensation for every penny the accident has cost you.
Regardless of whether you are filing an insurance claim or pursuing a lawsuit, you need to account for each expense. Insurance companies will usually only cover your economic losses. These include anything with a fixed monetary value. However, you likely have suffered non-economic damages, such as emotional distress and pain.
No matter how your crash happened, the largest part of your expenses probably has to do with medical treatment. Bicyclists can suffer significant injuries such as head trauma and broken bones. You may be taken to the emergency room, need surgery, or spend time recovering in the ICU.
In addition to the costs you have already incurred, you could need extensive care to fully heal. Your Houston bicycle accident attorney can work with your physician to get an estimate of what your future expenses may be. You can also include travel for your treatments, as well as the cost of in-home nursing care or a rehabilitation facility.
If your injuries leave you permanently disabled, you can ask for the costs of renovating your home to accommodate this situation. You can also receive compensation for medications, medical devices, and mobility aids.
Lost Income and Job Benefits
If you are recovering from a severe injury, you likely cannot work. This means you are losing the income you need to support your family and pay bills. You also lose out on accrued time at your job that counts toward vacations, raises, and promotions. If you are not working, your insurance premiums will not get paid.
Each of these losses should be compensated. In addition, if you are hurt so seriously that you can no longer expect to advance in your career, you deserve restitution for your lost earning potential. Likewise, you may lose the ability to provide an inheritance for your children or save for your retirement.
Pain and Suffering
Being injured in an accident can cause you to experience many non-economic losses. You may ride your bike for pleasure, exercise, or to commute. When you are hurt and your bike is destroyed, you cannot enjoy your cycling hobby while you recover. Most victims do not realize that your loss of enjoyment of life, emotional distress, and chronic pain can be included in your compensation demands.
These subjective damages vary from one victim to the next. Your Houston bicycle accident attorney will listen to your story to understand how your injuries and damage have affected your life. If you are a competitive cyclist who is severely disabled after a crash, you might develop depression or PTSD if you can no longer ride.
Other kinds of non-economic losses include:
- Loss of consortium with your partner or spouse
- Loss of personal and professional reputations
- Damages to your personal and professional reputations
- Mental anguish
- Physical pain and suffering
- Isolation and loss of society
In rare cases, a judge may elect to award punitive damages when the defendant’s actions constitute gross negligence. These awards are meant to serve as a warning to others against committing the same offenses.
Filing an Insurance Claim for a Bicycle Accident in Houston, TX
Insurance companies are not interested in helping you fully heal. They are interested in keeping their profit margin healthy and paying claims hurts that goal. Adjusters will try to deny or minimize your claim. Our bicycle accident attorneys will push back until you have the settlement you deserve.
After your accident, you will need to exchange contact and insurance information with anyone else involved in the crash. When you are contacted by the insurance company to give a statement, you should be cautious about doing so. The adjusters are looking for anything they can use against you, and your best course of action is to hire a de la Garza bicycle accident lawyer who can speak for you.
We know that we must fully understand your injuries before asking for compensation. Minor injuries can develop into significant medical conditions very quickly. Taking a low initial offer could leave you with astronomical doctor bills if your injury gets worse. Once a case is closed, you cannot go back and ask for more. We will help you get properly diagnosed so we can develop a more accurate estimate of what you need.
When Insurance is Not Enough to Cover Your Damages in A Bicycle Accident Case
Filing an insurance claim against a driver can often solve your compensation issues, especially with the help of a skilled attorney. However, if the driver has no insurance or not enough coverage to pay for everything you require, you can be left wondering what to do next.
Our Houston bicycle accident attorneys know that the next logical step is a personal injury lawsuit. You may be concerned that you do not have the funds to pay attorney’s fees on top of your current medical bills. We offer a contingency fee structure, meaning we do not collect any payment until and unless we win your case. We will assess your situation and move forward to trial when we are confident that we can likely succeed in court.
We often press forward with a trial when the insurance company does not meet our demands. This often encourages them to offer a higher out-of-court settlement to save their client the time, expense, and embarrassment of a lawsuit. When we show them we will fight every step of the way, they know we mean to hold their client fully accountable.
Common Causes of Houston Bicycle Accidents
As with most vehicle accidents, the cause of Houston bicycle accidents often comes down to a motorist failing to pay due care and attention while driving. Add in the small size of a person on a bike compared to a larger vehicle, and the risk of injury to the bicyclist increases dramatically. Without a car’s protection, a bike rider can be seriously injured or killed, even in a low-speed accident.
While some bike riders may take chances and contribute to an accident, they commonly are the victim of the negligent actions of automobile drivers. For example, drivers frequently take their focus off the road by engaging in the following behaviors:
- Reckless driving
- Texting while driving
- Distracted driving
- Driving under the influence of drugs or alcohol
- Failing to yield the right-of-way or stopping properly
- Following or passing a bike too closely
- Driving while drowsy
According to the Sleep Foundation, fatigued or sleepy driving is nearly as dangerous as driving while drunk. Drivers returning home from an overnight work shift risk falling asleep and injuring bicyclists on an early morning ride.
When drivers act irresponsibly, recklessly, or illegally and cause an accident, they should be held accountable for their actions. Bikers who suffer from injuries, emotional distress, property damage, lost wages, and other damages can be eligible for compensation from those responsible.
Bicycle Accident Injuries Can Be Catastrophic or Deadly
With almost no ability to prevent injury if they are hit, bike riders can suffer head trauma, broken bones, injured internal organs, and death. Helmets can offer some protection when a rider takes a spill because they lost control of the bicycle, but being hit by a car or truck can be devastating.
Common bicycle accident injuries include:
- Chest injuries: Punctured lungs or broken ribs
- Damage to internal organs: Hernias, ruptured spleen, penetrating wounds to the stomach, liver, pancreas, and bowels
- Facial injuries: Broken jaw or teeth, fractured eye sockets, broken or crushed nose, or damage to the eyes
- Genitourinary damage: Injury to the genitals, bladder, rectum, or fractures of the pelvis
- Road rash: Cuts, scrapes, and lacerations of the body and extremities
- Traumatic brain injuries (TBI): Brain contusions, bleeding, penetrating wounds, or concussions
Many bike riders die immediately after the crash. Those who are taken to the hospital for treatment are still not safe. They may succumb to their injuries within the following days or weeks. Riders who recover may face extensive recovery and need multiple surgeries and physical rehabilitation.
One of the biggest dangers is conditions such as head injuries that seem minor but develop into more serious situations. In addition, spending a long time in the hospital puts victims at risk of developing secondary conditions, such as contracting a virus or experiencing sepsis.
It is crucial that you choose a highly skilled and experienced Houston bicycle accident lawyer who knows that you need a full diagnosis and treatment plan before asking for financial restitution. Taking an insurance settlement or offer from the defendant too quickly could leave you with high medical bills you cannot pay. We connect you with our network of medical specialists to ensure we have an accurate accounting of all the compensation you may require.
Wrongful Death Claims
When the very worst happens, and someone loses their life from a bicycle accident, the family should not be left financially burdened on top of being emotionally bereft. In Texas, the law describes who may sue someone after the death of a loved one from an offense such as vehicular manslaughter:
- Spouse of the deceased
- Children of the deceased who must be legal adults
- Parents of the deceased
These individuals may only file a case within three months after the date of their loved one’s passing. After that time, the personal representative of the deceased’s estate is the only person who can bring legal action to collect compensation.
Wrongful death cases can claim all the medical and other damages the person incurred before they passed away. They can also seek payment for funeral costs, burial expenses, and the financial burden placed on the surviving family members.
Proving Negligence Is the Key to Compensation
At the de la Garza Law Firm, we focus on demonstrating how the person who hurt you was negligent. This is a legal concept that forms the basis of obtaining compensation for your damages. We collect evidence and develop a compelling narrative showing a direct connection between their careless actions and your injuries.
Whether we are negotiating with insurance companies or litigating in a court of law, our Houston bicycle accident attorneys will present your case to prove the four elements of negligence against the person at fault. These four elements are:
- The person owed you a duty of care to drive safely.
- The person failed to uphold that duty.
- You suffered injuries and property damage directly related to that failure.
- You have expenses related to your damages that should be repaid.
In some instances, multiple parties may be at fault for your accident. We will conduct a full investigation of the crash to identify all the individuals or entities who can be held responsible.
Why Should I Choose a Bicycle Accident Lawyer Near Me?
When you began looking at options for legal assistance, you likely performed a search for “bicycle accident attorneys near me” to find an experienced law firm for your case. No doubt, de la Garza Law Firm was near the top of the list because we have obtained millions in compensation for our clients and their families.
While the number is impressive, we believe what makes us stand out is our commitment to treating each client with compassion and close attention. Our attorneys are deeply involved in every case and spend time getting to know our clients. We listen to their stories so we can aggressively protect their rights and secure the justice they deserve.
Using bicycle accident lawyers in Houston means getting a team of legal professionals who know the laws but are also deeply invested in the citizens of our city and the surrounding area. We are proud Houstonians and Texans, committed to serving our communities in their time of need. We protect our neighbors from wrongdoers and ensure they do not suffer financial burdens due to someone else’s carelessness.
Contact the de la Garza Law Firm Bicycle Accident Lawyers Today
Our clients recommend us to their family and friends. These referrals are a point of pride for us because it means we earned their trust. We tailor every approach to each client’s unique needs and are always honest about how we expect a case to proceed.
Start your journey to the financial compensation you deserve by calling us to speak with a Houston bicycle accident lawyer from our firm today. We will work tirelessly on your behalf to secure the best outcome possible for an insurance settlement or personal injury lawsuit. We will tackle the legal battles while you focus on recovering from your injuries.
HERE FOR CLIENTS
“They really do care about you and take your case seriously.”
Thank you! You guys are #1 to me.
Mr. Mario de la Garza and his team are one of a kind and hands down the best law firm in Houston. They really do care about you and take your case seriously. He takes your calls and actually takes the time to talk to you and explain how everything is going to work and he leaves no questions unanswered. I also want to say his team is the best! Lidia thank you so much for always replying to all my emails, calls and messages. All though I know I was a pain at times, she was always so responsive, patient and would always return my calls when she said she would. – Christina L.
I was fortunate to have him on my team and recommend him highly.
Mario de la Garza is a good lawyer. He secured insurance reimbursement for a personal injury that has taken 2.5 years settle. He was compassionate and patient and provided good counsel when solutions appeared non- existent. He was tenacious with medical providers, coordinated payments on a timely basis and worked well with insurance companies. I was fortunate to have him on my team and recommend him highly. - HP
My experience with The de la Garza Law Group was phenomenal.
Me being a 21 year old juggling my time as a full time employee and a full time college student dealing with a car accident sounded terrifying, but with the help of Mr. Mario de la Garza all my worries went away. He made the process so easy and met every one of my expectations and more. I would highly recommend The de la Garza Law group to anybody especially young adults who are terrified of having to deal with a car accident for the first time. Trust and believe The de la Garza Law Group will not disappoint. - Stefanie G.
Mario fought for every single penny in my case.
I was in a 18 wheeler car accident late August 2019. And as soon I got out the hospital, I looked up a good Injury attorney law firm to help me with this case. And the De la Garza law firm was the first one to pop up. They took care of me throughout the nine months. They have a great staff. With great people. I give them 5/5 stars. Mario fought for every single penny in my case. You got to respect a lawyer that’s willing to go beyond for you. I highly recommend De la Garza’s law firm. Thank you guys. - JW
I would definitely use Mario again.
The one thing that made me at ease with him was that when I would text him, I would get a response every time within 10 minutes or less. There was always an answer from him every time I had a question. He was always on time or a few minutes early when we had to meet up for things pertaining to my case. He would even work & reach out to me about my case on Saturdays & Sundays (7 days a week). I would definitely use Mario again if needed and would highly recommend him to someone else needing an attorney. - Robert C.
We are extremely grateful to The de la Garza Law Group
Our case pertained to an auto-pedestrian collision involving a commercial vehicle that resulted in catastrophic injuries to my brother. Unfortunately, and ultimately these injuries resulted in his wrongful death due to this hit and run in the Houston area. On behalf of my family, we are extremely grateful to The de la Garza Law Group for all their legal assistance. Mario de la Garza personally assisted in all legal matters pertaining to/and getting settlements for all medical bills and restitution for the family until the matter was concluded. We highly recommend this firm.
– Mariann B.
His team is very professional and I would highly recommend to anyone.
My experience with Mr. De la Garza was very pleasing during a difficult time. My case was a workplace injury causing serious injuries that unfortunately lead to a wrongful death. He was very patient with all of us due to several families being involved in this case and worked well with us all. I am glad he didn’t turn down our case (like others did). I was very pleased with how everything was handled in this case and the outcome as well. His team is very professional, and I would highly recommend to anyone. Thank you, Mr. de la Garza and team. – Lisa L.
I fully recommend The de la Garza Law Group for any legal representation.
Attorney Mario de la Garza, who is fluent in English and Spanish, is very professional and passionate about his work. My daughter and I are very satisfied with the outcome. At The de la Garza Group you will find a friendly and communicative staff, which along with the attorney, will handle your legal case with a very positive and professional demeanor. - Desiree D.
Thank you for your help.
My experience with De la Garza law group was a very long pleasant experience it was a little difficult to keep up with it since this was my 1st experience with an attorney, but he did really great to keep in touch even though I have a very busy schedule with work and hard to reach and was very informative before, and during the whole process. Thank you, Mr. de la Garza for your help. – Denise G.
It’s like a breath of fresh air having someone like Mario fight for you.
I have been a client of Mr. De la Garza two times now where he shows professionalism and honesty and a definite care for the people he represents. I got in a car accident in February and it caused such a hardship coming close to an end. It’s like a breath of fresh air having someone like Mario not only represent you but fight for you. I hope not to have any more accidents but if I did I will look forward to working with him again! – Ashley V.