Can You Sue for a Bicycle Accident Caused by a Distracted Driver?

Can You Sue for a Bicycle Accident Caused by a Distracted Driver?

Yes, you likely can sue for a bicycle accident caused by a distracted driver. 

Sharing the road with cars can be nerve-wracking for cyclists, even on a good day. But when a driver is distracted, a leisurely bike ride or a daily commute can quickly turn into a nightmare. Being hit by a car while riding your bike is a traumatic experience, both physically and emotionally. If this has happened to you, you might wonder what rights you have and if you can take legal action to get the help you need. The answer is often yes.

Understanding Your Legal Rights as a Cyclist

It’s important to know that cyclists have as much right to the road as drivers do. Texas law considers bicycles as “vehicles” in most circumstances, which means cyclists are entitled to the same level of respect and adherence to traffic rules as motorists. Drivers are legally obligated to share the road responsibly and to exercise reasonable care around cyclists.

When a driver is distracted and causes an accident, they breach this responsibility. Distracted driving can take many forms. Texting, eating, fiddling with the GPS, or even daydreaming can take a driver’s focus away from the road. If their lapse in attention results in a collision with a cyclist, the driver can often be held responsible for any harm caused.

Suing for a bicycle accident can help you recover compensation for the damages you’ve suffered. These damages can range from medical bills and lost income to long-term rehabilitation or even the emotional toll of the accident. However, securing the compensation you deserve requires proving that the driver was negligent.

What Is Negligence in a Bicycle Accident Case?

Negligence is the foundation of many personal injury lawsuits, including those involving bicycle accidents. It refers to someone’s failure to act with the level of care that a reasonable person would exercise in similar circumstances. If you were hurt because a distracted driver wasn’t acting responsibly, they may be considered negligent under the law.

To establish negligence, you’ll need to prove four key elements:

1. Duty of Care
   Drivers owe a duty of care to everyone on the road, including cyclists. This means they’re expected to operate their vehicles safely and responsibly to avoid harming others.
2. Breach of Duty
   When a driver behaves carelessly or recklessly, they breach this duty of care. For example, if the driver who hit you was texting, they likely violated their obligation to pay attention to the road.
3. Causation
   You must show that the driver’s negligent behavior directly caused the accident and, as a result, your injuries. This step involves linking their distractions, such as using a smartphone or driving while fatigued, to the crash.
4. Damages
   Finally, you’ll need to demonstrate the harm you’ve suffered as a result of the accident. This includes physical injuries, financial losses, and emotional distress.

It’s one thing to know the legal principles at play, but gathering the evidence needed to support your claim is equally vital. And that starts with taking the right steps immediately after the accident.

What to Do After a Bicycle Accident with a Distracted Driver

Being involved in an accident is frightening and stressful, and it’s easy to feel unsure about what to do next. Here’s a step-by-step guide to help protect your safety, your health, and your rights if you've been injured in a bicycle accident caused by a distracted driver.

1. Prioritize Your Health and Safety

Your first priority after an accident is to make sure you’re safe and get the medical help you need. If you’re injured, call 911 immediately or ask someone else to do so. Even if you don’t feel seriously hurt in the moment, it’s a good idea to get evaluated by a healthcare professional. Some injuries, like concussions or internal trauma, may not be immediately obvious but can worsen over time.

2. Call the Police

Having an official police report is invaluable for your case. Law enforcement can document key details about the crash and determine whether the driver was violating any traffic laws, such as texting while driving. Be sure to tell the officers exactly what happened and mention if you believe the driver was distracted.

3. Gather Evidence at the Scene

If you’re able, try to document as much information as possible. Take photos of your bike, the car, the scene, and any visible injuries. If there were witnesses to the accident, ask for their names and contact information. Their accounts could become crucial evidence later.

4. Exchange Information

Get the driver’s name, address, phone number, driver’s license number, and insurance details. However, avoid making any statements that could be interpreted as admitting fault. Stay calm, remain neutral, and stick to the facts.

5. Seek Medical Attention

Even if you feel okay, schedule a follow-up appointment with your doctor. Keep records of all medical visits, treatments, prescriptions, and any recommendations from healthcare providers. These documents will serve as evidence of the physical and financial toll the accident has taken on you.

6. Document Your Losses

From medical bills to missed days of work, keep a detailed record of all the ways the accident has affected you. This can include mental health costs if the accident has left you feeling anxious, depressed, or traumatized. Tracking these losses will help paint a full picture of your damages as your case progresses.

7. Avoid Speaking to Insurance Companies Alone

It’s common for the at-fault driver’s insurance company to contact you after an accident. Be cautious. They may try to downplay your injuries or offer an inadequate settlement. You don’t have to accept their first offer or even engage in a discussion with them without professional guidance.

The Legal Process for Filing a Lawsuit After a Bicycle Accident

If a distracted driver caused your bicycle accident, you might wonder what comes next. Understanding each step in the legal process can help you feel more confident and informed as you take action.

Step 1. Filing a Complaint

The process begins by filing a legal document called a complaint. This document outlines your case, stating that the driver’s distraction led to the accident and caused your injuries. It will detail how the driver failed to uphold their duty to drive responsibly. This is the foundation of your legal claim.

Once the complaint is filed with the court, the driver (now the defendant) will be served with a copy. This officially notifies them that legal action is being taken against them. From here, the legal proceedings move forward.

Step 2. The Discovery Process

The discovery phase is where both sides gather evidence to build their cases. For you, this may include:

• Accident reports completed by police at the scene
• Eyewitness testimonies from those who saw the crash
• Footage from traffic or security cameras in the area
• Photos or videos of the accident and your injuries
• Medical records documenting your treatment and recovery

Additionally, your legal team may consult with accident reconstruction experts. These professionals can analyze the crash and give insight into how it happened, strengthening your case.

The driver’s legal team will likely try to defend against your claims by gathering their own evidence. This is why having a well-prepared case is so important.

Step 3. Negotiations and Settlement Talks

Before a case goes to trial, there’s often an opportunity to negotiate a settlement. Settlements can be beneficial because they avoid the time, stress, and costs of a trial. During this phase, you and your attorney will discuss the compensation you’re seeking with the defendant’s insurance company or legal representatives.

While many cases are resolved at this stage, it’s important to note that not all settlements are fair. Insurance companies often try to minimize payouts to protect their bottom line. If the offer doesn’t meet your needs, you and your attorney can choose to proceed to trial and present your case in court.

Step 4. Going to Trial

If a settlement can’t be reached, the next step is going to court. At trial, your attorney will present evidence and argue on your behalf, aiming to show how the driver’s distraction caused the accident and resulted in your injuries.

The court will then determine if the driver was at fault and if you are entitled to compensation. Trials can take time, but they ensure that you have an opportunity to pursue the justice you deserve if negotiations fail.

What Kind of Compensation Can You Receive?

It’s natural to wonder, “What can I actually recover after a bicycle accident caused by a distracted driver?” The answer depends on several factors, like the severity of your injuries and the impact on your daily life. Compensation in personal injury cases typically falls into two categories: economic damages and non-economic damages.

Economic Damages

These are the tangible financial costs associated with your accident. Examples include:

• Medical Expenses: Emergency room visits, surgeries, medication, physical therapy, and ongoing medical care.
• Lost Wages: If your injuries prevent you from working, you may be entitled to recover the income you’ve missed out on.
• Property Damage: Costs to repair or replace your bike or other personal belongings damaged in the accident.
• Future Losses: If your injuries will require long-term medical care or leave you unable to work in the future, these potential losses can also be factored into your claim.

Non-Economic Damages

Non-economic damages account for the less tangible ways the accident has affected your life. These may include:

• Pain and Suffering: Compensation for the physical pain and emotional distress you’ve experienced.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once loved.
• Disfigurement or Disability: If your injuries result in permanent changes to your physical appearance or capabilities.

Every case is unique, so your total compensation will depend on the specifics of your accident and resulting injuries.

How an Experienced Attorney Can Help

When you’re recovering from a bicycle accident caused by a distracted driver, having a skilled attorney by your side can make a world of difference. An experienced personal injury attorney acts as your advocate, helping you build a strong case and maximize your compensation. Here’s how they can support you:

Determining Negligence

Proving that the driver was distracted and negligent can be challenging without professional guidance. Attorneys know what evidence to look for, how to gather it, and how to demonstrate fault effectively.

Negotiating with Insurance Companies

Dealing with insurance companies on your own can feel exhausting and stressful. Attorneys are skilled negotiators who understand the tactics insurers use to minimize payouts. They’ll fight to secure a fair settlement on your behalf.

Representing You in Court

If your case goes to trial, you’ll want a legal team that’s experienced and prepared. Your attorney will present evidence, question witnesses, and argue your case with your best interests in mind.

Providing Support and Guidance

Legal cases can be complex and confusing. An attorney can guide you through every step, answering your questions and addressing your concerns along the way.

Turn to Lorenz & Lorenz, PLLC, for Compassionate Legal Support

Recovering from a bicycle accident is tough enough without the added stress of dealing with a complicated legal process. You need an ally who understands what you’re going through and knows how to help you move forward.

At Lorenz & Lorenz, PLLC, we’re dedicated to standing up for accident victims across Texas. Since 2001, we’ve been fighting to hold negligent parties accountable and help our clients recover the compensation they truly deserve. Our team understands how a distracted driver can turn your life upside down, and we’re here to help you put the pieces back together.

If you’ve been injured in a bicycle accident caused by a distracted driver, don’t wait to seek legal help. Contact Lorenz & Lorenz, PLLC, today at (512) 477-7333 or through our online form for a free and confidential consultation. Remember, we don’t get paid attorney’s fees unless we win your case. Call us anytime, 24/7, to get started on your path to justice.

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