Cycling can be a great way to navigate San Antonio traffic, get exercise, and enjoy the nice weather. However, bicyclists must share the road with other motorists, who may be distracted or in a hurry, leading to devastating consequences.
If you’ve been hurt in a bicycle accident in San Antonio, Texas, you may be able to pursue compensation from the at-fault party for your medical bills, lost wages, and trauma. To secure a full and fair financial recovery, contact George Salinas Injury Lawyers for help.
Our San Antonio bicycle accident lawyers have the skills, experience, and resources to fight for you. We’ll listen to your story and discuss the impact your injuries have had on your life.
We offer a free initial consultation, so contact our law firm today by calling (210) 225-0909 or completing an online request.
Why Choose George Salinas Injury Lawyers?
When you’re struggling with painful injuries after a bicycle crash, it can be difficult to handle a legal claim and negotiate with an aggressive insurance adjuster. That’s why insurance companies frequently offer quick settlements. They want you to accept the offer, knowing it’s far lower than you deserve.
Having an experienced San Antonio personal injury lawyer on your side will level the playing field. We want you to be fully compensated for your losses, and we fight every day to accomplish that goal for our clients.
If you hire George Salinas Injury Lawyers for assistance with your bicycle accident claim, our San Antonio bicycle accident lawyer will:
- Explain your legal rights and options and keep you updated throughout your case
- Investigate what caused your bike crash and determine who shares responsibility
- Gather the evidence needed to prove negligence, the value of your damages, and liability
- Negotiate with opposing parties on your behalf and work towards a favorable settlement
- Take your case to trial if necessary
Most bicycle accident claims settle out of court. However, we’ll be prepared to take it to trial if the insurance company refuses to negotiate in good faith. Contact our San Antonio personal injury attorneys today for a free consultation to learn more about our legal services.
How Often Do Bicycle Accidents Happen in San Antonio?
In recent years, Texas (along with Florida and California) topped the three worst states for bicyclists, accounting for over 40% of the nation’s fatalities. Specifically, San Antonio has been identified as one of the most dangerous cities for cyclists.
The Texas Department of Transportation reported 2,265 statewide pedalcycle crashes in 2021. These accidents resulted in 90 fatalities, 332 serious injuries, and 1,046 minor injuries. Around 64% of all Texas bicycle accidents resulted in an injury or fatality.
What Causes Bicycle Accidents in San Antonio, TX?
Despite San Antonio’s efforts to improve bicycle infrastructure and safety, including adding wider shoulders, bicycle lanes, and multi-use paths, the city continues to be dangerous for cyclists.
Some common causes of bike accidents in San Antonio include:
- Distracted driving or cycling
- Cyclist or driver inattention or fatigue
- Speeding
- Failure to yield the right of way
- Disregarding traffic lights, signals, or stop signs
- Dangerous or improper left turns or lane changes
- Improper use of bike lanes, facilities, and infrastructure
- Following or passing bicyclists too closely
- Failure to maintain lane
- Riding a bicycle or driving under the influence
- Dooring
- Aggressive or reckless driving
- Falling from the bicycle
- Road hazards or defective conditions
Other factors, such as poor visibility, adverse weather, and failure to wear reflective clothing, can contribute to bicycle accidents.
What Is the Value of My San Antonio Bicycle Accident Claim?
Understanding how much your case is worth matters. If the insurance company wants to settle, you need to know what you should receive under the law to fully compensate you for losses. Otherwise, you might accept a settlement that is lower than the amount of money you deserve. Unfortunately, because all bicycle accident cases present a unique set of facts, it’s difficult to give an exact value without knowing the specifics of your situation.
When we assess the damages in your San Antonio personal injury case, we may evaluate the following factors:
- The injuries you’ve sustained and their severity
- Whether your injuries have caused permanent disability, impairment, disfigurement, or scarring
- The effects of your injuries on your quality of life
- Your medical bills, lost income, property damage, and other expenses
- Whether you’re able to work in the same capacity as before your bicycle accident
- The level of emotional trauma, pain, and suffering you’ve endured
- Whether you contributed to the bicycle accident in any way
Bicycle accident cases involving severe and permanent injuries are typically worth more than those involving minor injuries that will heal fully. However, we analyze all of our clients’ claims based on their specific circumstances. We’ll do the same for you and fight for every dollar you deserve.
The goal is to make sure your compensation “makes you whole” or allows you to recover fully for both economic and non-financial losses. That’s why bicycle accident cases involving severe and permanent injuries are typically worth more than those involving minor injuries that will heal fully. However, we analyze all of our clients’ claims based on their specific circumstances. We’ll do the same for you and fight for every dollar you deserve.
Other factors can impact how much compensation you receive as well — including the amount of insurance coverage the at-fault driver has. Insurers will only pay compensation up to the limits of the policy the driver has purchased. If a driver doesn’t have enough coverage, you could be left trying to obtain compensation from that motorist personally or turning to your own insurance.
Texas law does require insurance companies to offer uninsured or underinsured motorist coverage, although you can opt out in writing if you don’t want this protection.
If you have underinsured coverage in place, your auto insurance should cover you if you’re on a bicycle when someone harms you and doesn’t have enough insurance to pay for all your losses. However, not all bicyclists have their own car insurance policies if they don’t have a license or a vehicle, so this can be a limiting factor in getting full compensation.
An experienced San Antonio bike wreck attorney will work with you to explore all possible avenues of getting full compensation, including determining if there are multiple defendants who could potentially be required to pay damages.
It’s also important to remember that Texas is a modified comparative fault state, which means you can get compensation for losses as long as the other driver was at least 51% responsible for the accident — but, as Texas Code Section 33.003 explains, the “trier of fact” will determine how to apportion blame and your damages will be reduced based on the percentage of fault you share.
All of these factors go into determining the value of your case, which is why getting legal help is essential. A skilled attorney with decades of experience handling bike accident claims can help you accurately value your claim so you make sure you get the money you deserve.
What Compensation Can I Receive After a Bicycle Accident in San Antonio, TX?
San Antonio bicycle accident victims can pursue compensation for their financial losses (economic damages) and subjective, intangible losses (non-economic damages).
Economic damages following a San Antonio bike accident may include:
- Medical expenses – ambulance bills, ER visits, medical treatment, wound care, etc.
- Future healthcare needs – occupational and physical therapy, rehabilitation, etc.
- Loss of wages, earnings, and job benefits
- Reduced earning potential
- Out-of-pocket expenses – over-the-counter medications, childcare, in-home nursing care, etc.
Non-economic damages suffered after a bicycle accident may include:
- Pain and suffering
- Emotional distress
- PTSD
- Scarring or disfigurement
- Inconvenience
- Diminished quality and enjoyment of life
Under Texas law, exemplary damages (also known as punitive damages) may be awarded if the defendant acted maliciously or grossly negligent in causing the bicycle accident. However, these damages are rare, and the intent is to punish the defendant for particularly egregious conduct rather than to compensate you.
What Causes Bicycle Accidents in San Antonio, TX?
Despite San Antonio’s efforts to improve bicycle infrastructure and safety, including adding wider shoulders, bicycle lanes, and multi-use paths, the city continues to be dangerous for cyclists.
Some common causes of bike accidents in San Antonio include:
- Distracted driving or cycling
- Cyclist or driver inattention or fatigue
- Speeding
- Failure to yield the right of way
- Disregarding traffic lights, signals, or stop signs
- Dangerous or improper left turns or lane changes
- Improper use of bike lanes, facilities, and infrastructure
- Following or passing bicyclists too closely
- Failure to maintain lane
- Riding a bicycle or driving under the influence
- Dooring
- Aggressive or reckless driving
- Falling from the bicycle
- Road hazards or defective conditions
Other factors, such as poor visibility, adverse weather, and failure to wear reflective clothing, can contribute to bicycle accidents.
Many of these crash causes are preventable, and if a driver engages in careless behavior or violates the rules, this can result in that motorist becoming legally liable for the crash and thus being required to compensate the bike accident victim for losses.
Common Injuries Sustained in Bicycle Crashes
When a multi-thousand-pound vehicle hits a bicyclist, it can cause catastrophic injuries. The severity of the harm will depend on multiple factors, including the speed at impact, whether the cyclist was wearing a helmet, and the cyclist’s overall health.
Some common bicycle accident injuries include:
- Lacerations, burns, and road rash
- Fractures and broken bones
- Soft tissue injuries (sprains, strains, etc.)
- Neck injuries
- Back injuries
- Injuries to the face and teeth
- Nerve damage
- Internal organ injuries (ruptured spleen, internal bleeding, etc.)
- Traumatic brain injuries (concussions, skull fractures, etc.)
- Loss of limbs and amputations
- Spinal cord damage
Many of these injuries, like spinal cord damage and traumatic brain injury, can cause lasting pain and discomfort throughout your lifetime. You should be fully compensated for all of the medical bills they cause you to owe as well as for other impacts that they have on your life. For example, you’ll want to document the symptoms and impairments you experience to ensure you get full compensation for the pain you endure.
Getting prompt medical help following a collision can help you to prove that your injuries are crash-related. Be sure to ask your doctor to keep careful and detailed records of ann symptoms and diagnosed injuries in the days and weeks following an auto accident so you can show clearly that the other driver caused you to experience medical issues.
You should also be aware that some injuries do not manifest symptoms right away. For example, whiplash could take days or even weeks to become apparent. As soon as you experience any symptoms, go to a doctor to document them as delayed onset of symptoms can complicate your claim by making it easier for the other party to argue that you’re exaggerating your damage.
George Salinas Injury Law Firm has decades of experience in helping clients in the aftermath of an accident. We are prepared and ready to help you show the extent of your physical harm and the ways in which your life has been forever changed by the driver who hurt you. Contact our experienced bicycle accident attorneys today to discuss the injuries you suffered and get the help you need.
Texas Bicycle Laws
Texas Transportation Code statutes establish the rules for how bicycle riders and drivers should share the road.
Texas Code Section 551.101 states that “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless” those rights or duties can’t apply to a bicyclist or unless the relevant laws in the Transportation Code create a different rule for bike riders.
Texas Code Section 551.102 imposes additional rules and requirements on bicyclists including riding one person to a seat, not overloading the bicycle with more than it is designed to carry, not carrying objects that force you to ride one-handed, and not attaching coasters, sleds, or toy vehicles to the back of the bike.
Code Section 551.103 deals with operation on roadways, while Section 551.104 establishes rules for safety equipment on bicycles, and Section 551.105 deals with competitive racing.
Understanding all of these rules is important for bicycle riders, as a violation of safety regulations can create a presumption of negligence. A bicyclist who doesn’t live by the rules of the road could lose the ability to recover part or all of their compensation if they become involved in a crash with a driver of a motor vehicle.
Drivers also must make certain they are respecting bicyclists who they share the road with because otherwise, those motorists could end up making a mistake that causes serious or even fatal consequences.
Unfortunately, drivers and bicycle riders do violate safety laws every day, leading to many injuries and even fatalities among bicyclists. If you or someone you love is hurt or killed, reach out to an experienced San Antonio bicycle wreck attorney at Salinas Injury Firm today to get the support and advocacy you need to determine if any laws were violated and to hold others on the road accountable for your crash.
How Do I Prove My Texas Bicycle Accident Case?
Most bicycle collisions occur due to negligence, meaning they’re frequently avoidable if the at-fault party had exercised reasonable caution. A negligent driver usually causes these accidents, but pedestrians, property owners, and government entities can also be defendants.
To prove negligence, you must successfully demonstrate the following four elements:
- The at-fault party owed you a duty of care. Drivers and others sharing San Antonio roads must act reasonably to avoid causing harm to others.
- The at-fault party breached their duty of care by failing to exercise caution (for example, they were texting while driving).
- The breach directly caused the bicycle accident.
- You sustained damages, such as injuries, pain, and suffering.
You’ll need evidence to prove your case, which may include:
- Medical records
- Texas crash report
- Helmet camera or surveillance footage
- Photos and video of the accident scene
- Eyewitness statements
- Expert witness testimony
- Employment records
- Cell phone records
Our San Antonio personal injury attorneys will gather the evidence required to prove your bicycle accident claim.
Can I Still Recover Compensation If I’m Blamed for My Bicycle Accident in San Antonio?
You may be able to recover compensation even if you share fault for your bicycle accident. It will depend on your percentage of responsibility.
Under the state’s modified comparative fault law, if your share of blame exceeds 50%, you’ll be precluded from receiving compensation. However, if your portion of fault is 50% or lower, you will be entitled to financial recovery, but it’ll be reduced proportionately.
For example, a court assigns you 30% responsibility for causing a bike crash. You’d only be entitled to 70% of your financial award. If you were 51% at fault, you wouldn’t be able to recover anything.
If an adversary is blaming you for contributing to the crash, contact our San Antonio bicycle accident attorney for immediate assistance. We’ll push back and ensure that you receive fair compensation for your injuries.
How Long Do I Have To File a Bicycle Accident Lawsuit in Texas?
The Texas statute of limitations provides a deadline for filing personal injury lawsuits to ensure that legal actions are timely filed while evidence is available.
After a San Antonio bike crash, you typically have two years from the accident date to file a personal injury lawsuit. If the bicycle accident was fatal, you must file your wrongful death case within two years of your loved one’s date of death (which might differ from the accident date).
Exceptions may give you more or less time to file, so it’s essential to speak with a personal injury lawyer in San Antonio as soon as possible. You don’t want to miss the deadline that applies to your case, or you’ll lose the opportunity to hold the at-fault party responsible for your injuries.
Contact Our San Antonio Bicycle Accident Attorneys Today
Were you injured in a bicycle accident in San Antonio, TX? The legal team at George Salinas Injury Lawyers can assist. We have the experience and dedication to take on your case and secure the best possible outcome.
Contact our San Antonio bicycle accident lawyers at (210) 225-0909 to discuss your case with a knowledgeable legal advocate. We offer a free initial consultation and work on contingency, so there are no upfront costs to learn more and receive our help.