One minute, you are riding down the street with the sun and wind on your face. The next minute, you are in a state of shock, dealing with the first effects of a collision with a motor vehicle. Unfortunately, your trouble may be just beginning.
Like most cyclists hit by cars in Austin, you will likely have a significant injury. We see many broken bones and traumatic brain injuries from bicycle accidents. Medical bills pile up quickly, and many people are unable to return to work for a significant period of time.
Every day in our country, the National Highway Traffic Safety Administration (NHTSA) reports:
Additionally, you may be unable to work and enjoy the life you knew before. For instance, you may be unable to enjoy cycling as you did in the past.
Insurance companies may be calling you as well, asking you to provide a statement or even accept a settlement offer. It can be very confusing.
If you find yourself feeling overwhelmed by your bicycle accident, call Byrd Davis Alden & Henrichson, LLP. We are the oldest personal injury law firm in Austin and have a proven track record of serving accident victims and their families throughout Texas.
We work with bicycle accident victims of all kinds, including families with children who were hit and injured in a bike accident.
We can provide a free case review today.
One of the best Aviation attorneys in the world. They provide a very comfortable and profession environment for personal injury and wrongful death lawsuits.
-Glenn Lofgren, Client
Types of Bike Accident Compensation
Each bicycle accident case differs. You may be able to pursue these damages:
Past and future medical expenses
Loss of income
Diminished earning capacity
Pain and suffering
Loss of enjoyment
Loss of consortium
Wrongful death damages
Bicycle Accident Case Study
Our firm represented an experienced cyclist who was struck by an SUV as he rode through an Austin intersection. The SUV pulled in front of the cyclist. The SUV driver insisted he had a green light, which the police report reflected. We found an independent witness who saw the collision but did not speak with the police or give any statements for the police report. The witness stated the cyclist had the green light. The case ended in a substantial settlement for our client.
Through advanced accident reconstruction, we were able to create a precisely scaled video animation of the accident, which proved the other driver’s fault. We were also able to prove the at-fault driver was working in the course and scope of his employment, despite being in a personal automobile. The cyclist sustained an incomplete spinal cord injury which caused permanent impairments affecting both arms and legs. He was able to walk and use his arms, but had diminished control of certain muscles.
On the eve of trial, we were able to negotiate a settlement of $1.5 Million. After attorney’s fees, case expenses, and liens for medical expenses, our client personally received $873,334.
Our Focus on Bicycle Safety
By following these bicycle safety tips, we hope you make Austin roads safer for everyone: What You Can Do As a Cyclist:
Follow the rules – Use bike lanes, obey traffic signals and always stick to the right.
Wear a helmet – Whether you are a child or adult, wearing a helmet could save your life.
Be visible – Wear bright clothes, use reflectors and turn on your bike lights at night.
Use signals – Use hand signals and other ways to communicate with motorists.
Stay alert – Always pay attention to traffic and be aware of your surroundings.
What You Can Do As a Motorist:
Follow the rules – Obey traffic signals and laws, including yielding when bicyclists have the right of way.
Keep a lookout – Scan for cyclists – especially children on bicycles when you drive through neighborhoods.
Leave room – Give cyclists at least three feet of space when passing and don’t tailgate.
Use signals – Let a cyclist know when you are turning.
Look before you open – Never open the door of a car parked on a street without checking for cyclists.
What Kind of Bicycle Accident Were You Injured In?
Your ability to pursue compensation in an Austin bicycle accident depends on whether someone else was at fault. Bike-car collisions often result from the following types of negligence:
Left cross – When a motorist and bicyclist reach an intersection from opposite directions. The motorist turns left, hitting the bicyclist. Motorists often fail to see bicycles or misjudge their speed of travel.
Right hook – When a motorist turns right in front of a bicyclist at an intersection or traffic signal or when the bicyclist is passing on the right. The motorist may fail to keep a lookout or check blind spots.
Buzzing – When a motorist tries to overtake a bicyclist and passes without leaving at least three feet of space. The motorist may hit the bicyclist due to inattention or poor judgment. Too often, the motorist acts with intent.
Tailgating – When a motorist fails to leave a safe following distance from a bicycle. Because a bicyclist may need to swerve or stop suddenly due to obstacles in the road, tailgating can be very dangerous.
Dooring – When a motorist gets out of his or her car without checking for passing bicyclists. The motorist can hit the bicyclist with the door, or the door can open in the bicyclist’s path.
Backovers – When a motorist backs out of a driveway or parking spot and runs into a passing bicyclist. Unfortunately, many children are injured in these types of crashes. Failure to check mirrors typically is the cause.
What Are Your Legal Options After a Bike Accident in Austin?
If you believe that a motorist’s negligent or intentional misconduct caused a bike accident in Austin that harmed you or your loved one, you owe it to yourself to pursue your legal options.
Depending on the facts of your case, those options may include:
Bringing a claim against the at-fault motorist – If the car driver is at fault, you can file a claim through the driver’s liability insurance policy.
Filing a claim with your own insurer – If the driver lacks insurance or has insurance that fails to cover all of your losses, you can file an uninsured motorist/underinsured motorist (UM/UIM) claim with your insurer.
Pursuing third-party claims – In some cases, a third party may be at fault such as the bar or store which served a drunk driver who hit your bicycle or the driver’s employer if the driver was “on the clock” at the time of the crash.
Your goal should be to explore all potential sources of compensation so as to maximize the amount you can potentially recover for your medical care and other damages.
What Goes Into a Bicycle Accident Settlement?
After a lawsuit is filed – and before it is filed in some cases – your lawyer will make a settlement demand with the insurer of the at-fault party (or parties). While the amount sought will depend on the facts of a case, a demand for a bicycle accident settlement typically will seek:
Economic damages – Compensation for all of your past medical expenses and the costs of future care and treatment. Additionally, a claim would seek a recovery of all lost income, diminished future earning capacity and loss of services.
Noneconomic damages – Compensation for the physical pain and suffering and emotional distress you have suffered as well as the loss of a loved one’s care and companionship.
If a bike-car collision caused the death of your loved one, you may be eligible to seek wrongful death damages, including funeral expenses and the loss of your loved one’s support.
If the insurance company responds with a settlement offer, your lawyer can advise you about whether you should accept or decline the offer and take your case to trial. The decision belongs to you.
If an insurance company contacts you before you hire a lawyer and makes a settlement offer, it would serve your interests to ask a lawyer to review the offer first.
How Can We Help Bike Accident Victims in Austin?
At Byrd Davis Alden & Henrichson, LLP, we will take the time to find out how your bicycle accident has impacted you physically, emotionally and financially. Our goal will be to seek compensation that will make you as “whole” again as possible.
We will begin an immediate investigation of your case. We will inspect the accident scene, interview witnesses, analyze any video or photo evidence and consult with accident reconstruction experts.
Our goal will be to carefully prepare your case for a settlement demand. By preparing a case as if it is going to trial, we believe that it allows us to work from a position of strength when dealing with the insurance companies.
If liability is contested or an agreement cannot be reached on damages, we will be ready to present your case to the jury and pursue a verdict.
Finally, we can help you by taking steps after a settlement or verdict is reached which are aimed at disbursing your financial recovery to you as efficiently as possible. After all, we know how important it will be for you to move on in life.
It is important to note that extra steps may be necessary if the bike accident victim is a child.
We will always be available to answer your questions and provide you with an update about your case. We will not charge any legal fees unless we obtain a verdict or settlement for you.
Get Help from Our Austin Bicycle Accident Attorneys Today
As you will quickly find out after you contact us, the lawyers of Byrd Davis Alden & Henrichson, LLP, are truly committed to working hard for our clients and pursuing maximum compensation for them. We care about your future.
We serve bicycle accident victims and their families in Austin and throughout Texas. To get started with a free case review, call or reach us online today.
More Information / Resources
Bicyclists and Other Cyclists, National Highway Traffic Safety Administration
Texas Motor Vehicle Crash Statistics, Texas Department of Transportation
Bicycle Laws & Safety, City of Austin
Bicycle Advocacy, Safety and Outreach, Bike Austin
Don Davis: 2003-12 Robert Alden: 2005, 2006, 2008-13 Kevin Henrichson: Rising Star 2005-08, 2013-14 Derek Davis: Rising Star 2004
Super Lawyers are chosen by Thomson Reuters and published in Texas Monthly Magazine
Don Davis | Robert Alden
AV Preeminent is the highest peer review rating by Martindale-Hubbell
Don Davis:Personal Injury Litigation 1993-2014 Legal Malpractice Law 2014
Robert Alden: Commercial Litigation 2006-2014 Bet-the-Company Litigation 2010-2014 Personal Injury Litigation 2011-2014 Lawyer of the Year – Personal Injury Litigation 2012
Best Lawyers publishes selected Lawyers in US News & World Report
Byrd Davis Alden & Henrichson, LLP 2002-2012
Martindale-Hubbell publishes the Bar Register of Preeminent Lawyers
Byrd Davis Alden & Henrichson, LLP Tier 1 Personal Injury Litigation 2010-2015 Tier 1 Commercial Litigation 2011-2015
Martindale-Hubbell publishes the Bar Register of Preeminent Lawyers
Byrd Davis Alden & Henrichson, LLP Tier 1 Personal Injury Litigation 2010-2017 Tier 1 Commercial Litigation 2011-2017
A 3-year-old boy suffered a serious brain injury when a Capital Metro bus collided with a suburban in northwest Austin, Texas. At trial, we were able to establish fault on both drivers: 1. the driver of the suburban ran a red light; and 2. the bus driver was speeding. Using advanced accident reconstruction, we were able to prove the bus driver was going 38 mph in a 30 mph zone, and her speeding was a direct cause of the collision.
The jury awarded damages to our client and attributed 65% liability to the driver of the suburban and 35% liability to the bus driver. On behalf of our client, we were able to negotiate favorable confidential settlements with the driver of the suburban and the driver of the bus. Full Story
An experienced cyclist was riding through an intersection in Austin, Texas when an SUV pulled out in front of him. The driver of the SUV insisted that he had a green light, which was reflected in the police report. We were able to find an independent witness that saw the collision, but did not speak with the police officers and was not identified in the police report. The witness testified that the cyclist, in fact had a green light.
Unfair Utility Fees
The City of Austin collects drainage fees from utility customers.
Byrd Davis Alden & Henrichson represented plaintiffs claiming the city was applying the fee unfairly. A judge ruled the fee invalid.