What to Do After a Bicycle Accident
The first few steps that you take after a bicycle accident may determine the outcome of your case. Therefore, make sure you take the appropriate action, which may include:
Seek Medical Treatment
Your priority should be to seek treatment from medical professionals. Make sure you visit the ER or your doctor immediately. Even if you don’t feel hurt right away, you could still be injured.
Document the Accident
If possible, try to gather as much information as possible. For instance, get contact information from the at-fault party and any eyewitnesses at the scene. Try to take videos or photos of the accident scene and your injuries. Also, keep careful records of your medical reports, bills, and receipts.
Consult a Bicycle Accident Lawyer
Before you speak with the insurance company, you may want to consult a bicycle accident lawyer in Houston, TX. An attorney can review your case, discuss your options, and give you advice on how to proceed with your personal injury claim.
Filing a Claim
To recover compensation for your injuries, you and your attorney can file a claim against the driver’s auto insurance. You may also be able to use your own auto insurance policy to cover any expenses over and above what you are provided. Likewise, if the driver flees or doesn’t have insurance, you may be covered under the “uninsured or underinsured motorist” (UM/UIM) provision of your policy.
Texas uses a modified form of comparative negligence which means that if you are found partially at fault for the accident, then your damages can be reduced. For example, if you are awarded a $10,000 settlement, but it’s determined that you were 20 percent at-fault for the accident, then you would receive $8,000.
Damages Available in a Bicycle Accident Case
The damages available depend on the extent of your injuries and financial losses. You may be entitled to claim include:
- Medical expenses
- Lost wages
- Disability/diminished earning capacity
- Pain and suffering
- Property damage
If you were injured as a result of gross negligence or reckless behavior, the court may also award you punitive damages. If you have a loved one that was killed in a bicycle accident, your family may be entitled to claim losses such as funeral expenses, lost household income, pre-death medical bills, or pain and suffering of the deceased.