The rising popularity of bike share programs and electric bicycles, particularly in major cities like Houston, which have heavy traffic, has increased the risk of collisions and damages.
Speak with a lawyer about the available damages in Houston bicycle accident cases when you are injured. Our skilled cycling wreck attorneys could help you pursue compensation.
Common Injuries in Bicycle Crashes
An accident involving a bicycle is more likely to cause severe injuries. Compared to passenger vehicles, bicycle riders have limited bodily protection during a collision. Some common injuries seen in these crashes include the following:
- Broken bones and fractures
- Cuts and lacerations
- Internal organ damage
- Spinal cord trauma
- Traumatic brain injuries (TBI)
- Death
Catastrophic injuries suffered from bicycle crashes can lead to costly medical bills and require physical therapy to return to normal life activities. A seasoned Houston attorney who handles bicycle accident cases could help calculate a fair damage award.
Traumatic Brain Injuries
Even if they have a helmet, bicycle riders are at a greater risk of suffering a TBI in a wreck. Brain and head trauma could occur upon impact with a vehicle or due to being thrown off the bike and hitting the ground.
The Centers for Disease Control and Prevention completed a 10-year study highlighting the rise in emergency department visits for traumatic brain injuries caused by bicycle accidents.
Available Damages After a Bicycle Collision
When an individual in Houston is involved in a bicycle accident caused by negligence, they may be able to recover economic and non-economic damages through a lawsuit. Economic damages cover measurable financial losses, like:
- Medical bills
- Physical therapy costs
- Lost wages
- Lost future earnings or economic opportunities
- Property damage
A court may also award a person with non-economic damages to compensate them for immeasurable losses, such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Lost consortium with a spouse or domestic partner
- Disfigurement
- Permanent disability
- Lost enjoyment of life
Punitive damages may also be awarded in cases of especially egregious misconduct by the defendant. These could apply to drunk driving cases or other instances of extreme negligence or intentional actions.
Plaintiff’s Negligence Can Limit Damages
Many accidents are caused by negligence by more than one party. However, a person can still recover damages in their bicycle accident case in Houston even when they are partially responsible for causing the incident.
The state follows the doctrine of modified comparative negligence, found in Texas Civil Practice & Remedies Code § 33.001. The rule prevents a plaintiff from recovering damages when they are more than 50 percent at fault.
The court will decide on each party’s responsibility during the trial. A plaintiff can still recover damages if they remain at 50 percent or below the threshold, but the court will reduce the damages in proportion to their fault.
For example, a plaintiff seeking $100,000 in damages deemed 50 percent at fault can only recover up to $50,000.
Speak With a Houston Attorney Immediately About Damages in Bicycle Accident Cases
The fallout from a devastating bicycle collision can take an emotional and financial toll on a person and their family. Severe injuries can drastically limit someone’s ability to continue their normal employment and may lead to unexpected health consequences.
When you suffer damages in Houston from a bicycle accident case, an experienced personal injury attorney could help you navigate the state’s complex legal system. Call our law office today to learn how we could help with your case.