Dallas Bicycle Accident Lawyer
2911 Turtle Creek Blvd. Suite 300
Dallas, TX 75219
Call (214) 307-0000
Bicycles, once seen as an amusement for children rather than a means of transportation, now seem to rival automobiles as the preferred means of transportation in many neighborhoods. With this newfound popularity has come an increase in the number of accidents and injuries involving bicycles and other vehicles.
Naturally, this increased number of accidents has also brought about more accidental injury cases where issues of liability are often contested. On this page, we’ll look at how these issues may be decided under existing Texas law.
Bicyclists and Traffic Law
In general, bicyclists are obligated to obey all traffic laws in the same manner that a motorcycle rider is to obey all traffic laws. There are exceptions to this obligation, of course, because there are some laws that can only apply to motorized vehicles as there are some laws that can only apply to a bicycle.
Examples of these exceptions include:
- if moving slower than traffic, a bicyclist must ride as close as is safely possible to the curb side of the right lane
- bicyclists must use hand signals to indicate their intentions for right or left turns and their intention to stop
- bicyclists are not required to wear a helmet unless there is a local ordinance requiring them to do so
- unless prohibited by local law or ordinance, a bicyclist may ride on a sidewalk but must yield to pedestrians
Bicyclists and Liability in Accidents
Bicycle accidents, like many other accidents, are rarely clear on who was at fault in an accident. In such cases it usually becomes necessary for legal proceedings to determine the question of who is liable for any injuries suffered in the accident.
When assessing liability, the Texas courts apply what is called the “Modified Comparative Fault – 51% Bar” rule. Under this rule, an adult injured in a bicycle accident cannot recover damages from the other party if he or she is found to be more than 50% at fault for the accident. When a child is injured in a bicycle accident, the issue of comparative fault is more complicated.
Texas law generally holds that children are not as capable as adults in making decisions about safety and it is difficult to raise this as a defense to liability. This is one area that has been debated over the last few years and the courts have yet to rule how the age of child should be dealt with in comparative fault cases. An attorney must be consulted if then age of a child may become an issue.
A bicyclist can be liable for damages if his or her actions cause an injury to another person. As an example, if a bicyclist who is riding on the sidewalk in front of a store strikes a customer leaving the store and causes the customer to fall and sustain a broken hip the bicyclist is liable for the customer’s injuries (and probably some very substantial damages)!
Why You Need the Dallas Bicycle Accident Lawyer at the Doan Law Firm
Bicycle accidents have the potential to cause serious injury. When these injuries involve you or a family member, it is understandable that you want to make sure that your legal right to be compensated for your injuries is fully protected.
If you, or a family member, have been injured in a bicycle accident, your first step toward protecting your rights should be to contact the Dallas bicycle accident lawyer at the Doan Law Firm by calling (214) 307-0000 to discuss the facts in your case and to review the options that may be available to you.
When you call the Dallas bicycle accident lawyer, your initial consultation is always free and creates no obligation on your part to retain our firm.
If you should decide that we should manage your bicycle accident injury case, we will assume all financial responsibility for all aspects of your case such as court fees, interviews, depositions, accident investigation and recreation, or any other preparations that will be necessary for us to win your case. In return, we will accept a previously agreed-upon percentage of your final settlement as payment in full for our services.
To protect your legal right to be compensated for your bicycle accident injury, get the Dallas bicycle accident lawyer at the Doan Law Firm on your side today.
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