Bicycling is considered an economical and green way to travel, and it gives a rider great exercise. However, bicycle accidents can result in catastrophic injuries or fatalities. There are few barriers between the bicyclist and the pavement or another vehicle. Even people who wear helmets and other protective gear can suffer serious harm in a major collision. Bicyclists sometimes have injuries after a crash of which they are initially unaware. For example, they may hit their head and not realize that they have suffered a closed head injury, or they may have soft tissue damage or a spinal disc fracture that manifests shortly after the accident rather than at the scene. If you have been harmed by a negligent motorist in Dallas or the surrounding cities, the injury lawyers at Feizy Law Office are ready to assist you in diligently pursuing the compensation that you deserve.Take Legal Action after a Bicycle Collision
A bicyclist can sue the driver of a larger vehicle if he or she is hurt due to the driver's negligence. When these injuries are caused by an accident involving multiple vehicles, each responsible party will need to be brought into a lawsuit so that the greatest possible damages can be pursued. In Texas, each party to an accident is responsible for paying damages only in proportion to his or her degree of fault. Unlike in some other states, the doctrine of joint and several liability, in which any individual defendant can be held fully responsible for a victim’s damages award, only applies when a particular defendant is 50 percent or more responsible.
To assert the right to compensation after a bicycle accident, an injured individual generally will need to prove the elements of a negligence claim by a preponderance of the evidence. The first step is establishing the duty of care, which is defined in this context as exercising the same level of care as an ordinary person in the same situation. This reasonable-person standard can be violated in a variety of ways, including when drivers fail to obey traffic rules or engage in distracting behavior behind the wheel. Showing a breach of the duty of care is the second element of a negligence claim.
After that phase, the victim must prove that the defendant’s careless actions directly led to the crash in which he or she was hurt. This means that it was reasonably foreseeable to expect that an accident would result from the defendant’s conduct, and that it would not have happened if the defendant had met the reasonable-person standard. Someone who can establish the causation element can potentially recover any quantifiable costs or losses, known as damages, that resulted from the collision. These can account for both objective and subjective forms of harm, ranging from missed wages, lost earning capacity, and medical expenses to pain and suffering.Consult an Experienced Accident Lawyer in Arlington
After a bicycle collision or another motor vehicle accident in the Arlington area, the attorneys at Feizy Law Office can guide you through the legal process so that you can focus on physical healing. Call us at (214) 651-8686 or set up a free consultation by completing our online form. We represent individuals injured in cities throughout the Dallas region, including Fort Worth, Plano, Garland, and Irving.