OMG!!!! In a story that has gone viral, a young woman who had sent 47 text messages while she was driving hit a cyclist and heartlessly wrote: “I don’t care.” The poor cyclist suffered a spinal fracture which required surgery and spent months recovering from his injuries.
Reading this reminded me of a case last year when I represented a Fort Worth man who was on a bicycle and broke his leg and shoulder when a driver hit him. After I filed a lawsuit, I was able to subpoena the phone records of the driver and prove that he was texting at the time of the crash. The defense attorney then offered the full insurance policy limits to settle the claim.
There are so many people driving and texting and not paying attention to other vehicles on the road, let alone bicycles. It’s a wonder more people aren’t killed as they try to get exercise or pursue their hobby riding bikes.
Fortunately, collisions between cars and trucks are rare, but when they happen, injuries are often serious. What should you do if you have been involved in one?
1. Call the police. Don’t leave the scene.
2. Get a complete accident report, even if you don’t think you’re hurt that bad initially, since injuries may develop later. Make sure the officer talks to you. The police report will become very important in identifying the parties and the cause of the collision. I have seen many crash cases when the at-fault driver apologizes for causing the accident at the scene, then later denies ever saying that.
3. Get the name, addresses, phone number, drivers license number, and insurance information from the other driver.
3. Get all witness names, phones numbers, and email and record what they saw.
4. You (or someone else) take extensive pictures on yours or a friends’ cell phone of all damage, including injuries.
5. Document what happened, taking notes on your phone, making a recording, or telling someone else. Get all details, including location, measurements, speeds, etc.
6. Seek medical attention for your injuries.
7. Preserve all evidence, including your bike.
8. Call a board certified personal injury lawyer who has handled bicycle crash cases — and who rides one himself (I do).
9. Do not talk to the other driver’s insurance company before speaking with an attorney.
Berenson Law Offices knows the law governing bicycle accidents, knows how to handle these cases, and knows how to successfully represent injured riders.
If you or a family member was injured because of the negligence of a driver, you should an experienced Texas bicycle lawyer to handle your case. Contact the Berenson Law Offices for a free case evaluation at 817-885-8000 or toll free at 1-888-801-8585 or here by email.