Were you injured while riding a bicycle in Dallas, TX? If so, Benton Accident & Injury Lawyers can help you seek compensation for your losses. Contact our Dallas bicycle accident lawyers at (214) 556-8321.
If your accident occurred because of another person’s negligence, they may be liable for your damages.
We can explain your rights and vigorously pursue all compensation options. Our team has won millions of dollars for our clients, including those hurt in bike crashes.
Call our office in Dallas, Texas, to schedule a free consultation with an attorney as soon as possible.
How Benton Accident & Injury Lawyers Can Help After a Bicycle Accident In Dallas, TX
Benton Accident & Injury Lawyers will support you after a bicycle accident in Dallas, TX. Our Dallas personal injury lawyers will handle your insurance and legal claims and fight for fair compensation. Our work gives clients time to focus on their medical recovery and moving forward after an accident.
In many bicycle crash cases, our Dallas personal injury attorneys will:
- Explain the law
- Investigate the accident
- Find all liable parties
- Pursue an insurance claim
- Consult with experts
- Negotiate for a settlement
- File a personal injury lawsuit
- Represent you in court
Call our office today to schedule a free consultation with a Dallas bicycle accident lawyer.
What Is My Bicycle Accident Case Worth?
Every bicycle accident case has monetary value. In personal injury cases, we translate the value into dollars because that’s how you get justice.
Our team will carefully calculate your case’s worth at the beginning of our work. Our number is an estimate of your case’s value. We will use it throughout negotiations, insurance claims, and future lawsuits. Ultimately, you may recover more or less depending on how the case unfolds.
Some factors that increase a bicycle accident case’s value are:
- The severity and permanence of the injury
- Intensive medical treatment received and needed in the future
- A long recovery period
- Inability to work or missing a lot of work
- Diminished quality of life after the accident
- Significant physical and emotional suffering
- Costly property damage to the bike
Schedule a free consultation with Benton Accident & Injury Lawyers to find out how much your bicycle accident case is worth.
What Kinds of Damages Are Available To Bicycle Accident Victims?
Bicycle accident victims can recover compensatory damages. Compensatory damages are economic and non-economic losses. These damages pay a bicycle accident victim for their actual or future losses to make them whole again.
Economic damages in bike crash cases may include:
- Emergency medical bills and ambulance fees
- Surgery costs
- Follow-up medical treatment
- Rehabilitation
- Physical therapy
- In-home nursing care
- Damage to the bicycle or other property
- Lost wages
- Lost earning capacity
- Lost employment benefits
- Cost of medicine
- Cost of necessary medical devices
- Increased transportation costs
- Out-of-pocket expenses
Non-economic damages are intangible and invisible losses. This category is usually called pain and suffering.
Examples of non-economic damages are:
- Physical pain
- Emotional suffering
- Loss of enjoyment of life
- Loss of quality of life
- Loss of companionship
- Scarring and disfigurement
- Embarrassment or inconvenience
- Mental illness
There are many different ways to calculate non-economic damages. Call us for help because it can be confusing if you aren’t familiar with the law.
Punitive Damages
You could have a right to recover punitive damages alongside compensatory damages. Punitive damages are far less common, however. The purpose is to punish a defendant instead of compensate the plaintiff.
A plaintiff can request punitive damages if they prove:
- Gross negligence
- Malice
- Fraud
The plaintiff must prove they are entitled to punitive damages by a preponderance of the evidence. Furthermore, there is a cap on the total punitive damages you can recover in Texas. The cap depends on the amount of compensatory damages you receive.
How Much Does It Cost To Hire a Bicycle Accident Lawyer in Dallas?
Dallas bicycle accident lawyers usually charge a contingency fee. A contingency fee is an arrangement reserved for personal injury lawyers.
With a contingency fee, the plaintiff only pays the lawyer if they win damages. If they don’t recover any damages through a settlement or trial, then they don’t have to pay anything. Furthermore, the amount that they pay the lawyer is contingent upon the amount of money that they win. It is usually a percentage between 33% and 40%.
Some bicycle accident attorneys may charge more or less depending on how the case progresses. For example, if the case goes through a lengthy trial, the lawyer may charge a higher percentage to fairly compensate for their work. If it settles quickly through an insurance claim, they may charge less.
Can I Recover Compensation If I’m Being Blamed For A Bicycle Accident In Dallas?
Yes. You can usually recover compensation if you are blamed for a bicycle accident in Dallas. The caveat is that you are 50% or less responsible for causing the crash. If you are 51% or more at fault, then you are barred from all recovery.
This rule is called modified comparative fault. It tends to benefit plaintiffs who are partially responsible but don’t share as much responsibility as the defendant. However, it can also be used against a plaintiff to favor defendants. Many defendants will try to shift blame to lessen their payout or eliminate it.
We’ll Fight To Recover Compensation for All of Your Bicycle Accident Injuries
Bicycle accidents often leave victims with catastrophic injuries. In many cases, the accident is fatal.
Our lawyers have helped clients suffering from a range of bicycle accident injuries, including:
- Traumatic brain injuries
- Head injuries
- Broken bones
- Amputations
- Ligament sprains
- Nerve damage
- Partial or full paralysis
- Spinal cord injuries
- Loss of hearing or eyesight
- Back and neck injuries
- Facial injuries
- Road burns
- Concussions
Our work includes helping clients collect and review their medical records. In some cases, we connect clients with medical experts who can help bolster their case. It is imperative that we fully understand the client’s prognosis so that we fight for all the resources they need going forward.
What Causes Most Bicycle Accidents In Dallas, TX?
In 2022, Dallas accounted for 4.2% of all bicycle crashes in Texas. More than 87% of the bikers involved in the crash had an injury or died. Most bicycle accidents happen during the afternoon commuting hours and the most common cause was a driver’s failure to yield to a bicycle.
Other common causes include:
- Aggressive driving
- Tailgating
- Distracted driving
- Drunk driving
- Speeding
- Running red lights or stop signs
- Unsafe lane changes and lack of signaling
- Suddenly opening doors
- Blind spots
- Sudden stops
- Poor road visibility
- Lack of bike lanes
- Obstructions in the road
Most bicycle accidents happen when a biker collides with a car on the road. However, a handful of accidents are caused by collisions with pedestrians, other bikers, or the bicyclist’s negligence.
How Do I Prove Negligence After A Bicycle Accident In Dallas?
Since Dallas applies fault-based recovery in bicycle accident cases, a plaintiff must prove negligence to win their case. Specifically, the plaintiff must show that the defendant was negligent and caused the crash.
There are four elements in every negligence claim:
- Duty of care
- Breach of duty
- Causation
- Damages
The plaintiff must prove each element by a preponderance of the evidence. A preponderance of the evidence means that it is more likely true than not true. You can meet this burden of proof by providing compelling evidence to support your negligence claim.
In a bicycle accident case, evidence could include:
- Photographs
- Surveillance footage
- Eye witness statements
- The bicycle itself
- Police reports
- Medical records
- Other relevant records
- Expert testimony
- Bills and invoices
- Paystubs
Negligence may seem straightforward, but it can become complicated. Our lawyers will help you understand negligence theory and how to prove it in your case.
How Long Do I Have To File A Personal Injury Lawsuit After A Bicycle Accident In Texas?
Texas has a two-year statute of limitations in personal injury cases. That means you have two years to prepare and file a lawsuit before you lose your legal right to recover damages.
This may seem like a long time, but it will go by quickly. That’s because there is a lot of work to prepare to file the lawsuit. For example, your attorney may want to file insurance claims, investigate, and negotiate outside of court.
It is best to talk with a lawyer immediately after an accident so that they can begin working as soon as possible and keep track of this important deadline.
Contact Our Dallas Bicycle Accident Lawyers for a Free Consultation
There’s no risk in contacting our Dallas bicycle accident lawyers for a free consultation. This is a great opportunity to learn more about your options after a bicycle accident in Dallas, TX, at no cost.
Benton Accident & Injury Lawyers offers a no-pressure consultation, which means you have time to get all the facts before deciding who to hire and how to pursue your damages. Call us to schedule a time to talk today.