Cycling is popular in Texas almost all year, given our favorable climate and the desire by many to stay in shape or have fun. In most instances, they return home without incident, but there are, unfortunately, times when riders get into accidents that can result in a broad range of injuries. Because of the lack of structural protection a bicycle offers, the potential for serious harm is far greater for a cyclist than for someone in a car or truck. If you or a loved one has been hurt near Dallas/Fort Worth while riding your bike, it is important to seek the help of a top-ranked Fort Worth bicycle accident attorney. Bill Berenson is a highly skilled injury lawyer who can provide you with the representation you need to seek the compensation you deserve. He has practiced law in the Dallas/Fort Worth area for the last 40 years and has also been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1994. He focuses his practice exclusively on motor vehicle, motorcycle, and bicycle accidents, rides a bicycle, and has completed the Hotter ‘N Hell and other distance rides.
Bicycles are considered “vehicles” in Texas, which means their riders need to obey the same rules of the road as drivers or others behind the wheel. This includes following laws and obeying traffic signals, staying within designated lanes, and riding in the same direction as cars. For their part, drivers are required to be vigilant and share the road with bicyclists to ensure everyone’s safety. Unfortunately, this does not always happen, and riders are often placed in dangerous situations by motorists who do not see them or choose to ignore them. If you are a bicyclist who has been hurt due to someone else’s reckless or careless conduct, you may have legal options to pursue compensation for your injuries. A bicycle accident attorney can guide Fort Worth residents and other victims through this process.
Negligence is the failure to take proper care when doing something. In order to succeed in this type of claim, an accident victim must demonstrate several key elements. First, he or she must have been owed a duty of care by the defendant, which is usually equated with taking reasonable precautions to prevent foreseeable, unnecessary risks of harm to others. The victim must show that the driver breached the duty of care, such as by breaking a traffic rule or engaging in another form of conduct that was hazardous in the situation. For example, a breach might consist of tailgating a bicycle or failing to signal before turning across a designated bicycle-specific lane. It is also necessary to prove that the accident would not have happened if the defendant had used reasonable care and that the victim incurred actual and quantifiable damages to his or her person or property as a result.
If you’ve been injured in a bicycle crash, you may be dealing with serious physical and financial consequences. Fortunately, you are entitled to seek compensation from the at-fault party once you have established his or her negligence. Typically, a victim can recover reimbursement for past and future medical bills, lost income and benefits, pain and suffering, past and future physical impairment, property damage, and any other costs arising from the accident. The amount of compensation that you may receive will be based on the extent of your injuries and losses.