Board-Certified Personal Injury Attorney
Bicycle accidents and crashes can happen in an instant and cause devastating injury or death. A trip to the ER after a bicycle crash can leave you with a medical bill from the low thousands to the six figures. A ER CT scan of your brain or other body parts will always run in the thousands of dollars. And the ER doctor and the radiologist may bill you in addition to the facility. Even if you escape with minor injuries, the bill will be very painful.
How Bicycle Accidents Occur
Bicycle “accidents” are usually not an “accident”. They involve fault, sometimes of the rider, sometimes of the operator of a vehicle, and sometimes of another cyclist. At times, other causes that are not anticipated come into play. A property owner may have something impeding the view of the vehicle operator or the bicycle operator. This could be landscaping that needs attention, signage, or other obstructions to the roadway or traffic controls. A commercial property owner may have “invisible” speed bumps that don’t have any contrast with the roadway.
I have participated in over 20 organized rides and the Texas MS150 in 2017 and 2019. Hopefully, the MS150 2021 will take place! After learning the ropes of the organized rides and the MS150 rides, I was surprised at my lack of knowledge of riding a bicycle. The experience of the MS150 training rides and the MS150 rides imprinted on my brain several keys as a rider: always anticipate hazards, such as
- A driver
- A pedestrian
- A child
- A golf cart operator
- An animal
This will prevent a lot of crashes. Always wear a helmet. No exceptions. I’ve had three bad crashes over the years, and in the last one I’m confident the helmet saved my life and/or saved me from a severe head injury. Always make your intentions known to other cyclists and motor vehicle operators.
Negligence
Unfortunately, many crashes are caused by vehicle operators who are negligent. Some are intoxicated. Some distracted. Some don’t respect the cyclist, or worse, decide to see how close they can come to the cyclist because they don’t believe the cyclist should be on the road. Some drivers simply don’t see the cyclist for reasons that vary from negligence, driver distraction, driver inattention, or another vehicle impeding the view. Drivers should not proceed if their view is impeded until it is safe to proceed.
Despite doing everything a cyclist can do to prevent a crash, they do occur and can have horrific consequences. The Texas Transportation Code provides the rules of the road for cyclists. There are no statewide laws in Texas that say you have to wear a helmet. Some local municipalities have helmet regulations. If you are in a crash and your case ends up in front of a jury, some people sitting on that jury are going to be biased against you if you were not wearing a helmet, even if the law doesn’t require it. It won’t be the end of your case, but it will be an obstacle to overcome with a jury.
The Rights and Responsibilities of Bicyclists
Bicyclists have the rights and duties of other vehicles on the road. At night, you need a white light on the front and a red light or red reflector on the rear. I always ride, day and night, with a flashing white light on the front and a flashing red light on the back. Even in the daytime, shadows can obscure people, objects, and anything else from vehicle operators. The daytime lights will help prevent a cyclist from getting run over, and if you do get hit will certainly place more responsibility on the vehicle operator.
Contact Our Galveston County Attorney Today
Hopefully, you will never find yourself or a family member the victim of a bicycle crash. As with any other injury, if the injury is significant, a call to an attorney may be a good decision. Hopefully, all of your rides have the intended purpose of getting outdoors, exercising, clearing your head, and staying healthy!
Contact Us Today