As you make your way down the street on your bicycle, you take in the cool air and hear the wind whip across your face. It is the sound of freedom. However, all of a sudden, you find yourself on the ground, and you feel pain shoot through your body. A car has just struck you.
Sometimes bicycle-car accidents in Texas are the result of the carelessness of the driver of the car. Fortunately, in this situation, you have the right to seek monetary compensation for your injuries in civil court.
A look at bike accidents and negligence
Both car drivers and bicyclists must follow traffic laws in addition to exercising a reasonable level of caution when it comes to preserving both their safety and others’ wellbeing on roadways. However, car drivers can easily engage in driver negligence in a number of ways.
For instance, the driver may have been speeding or blew through a stop sign when it struck you as you rode your bike. In addition, the driver could have drifted into the bike lane in which you were riding. If you decide to sue the car driver for damages in this situation, you must be able to prove that he or she violated his or her duty of care to you.
Negligence on the part of the bicyclist
In your bicycle-car accident situation, authorities may determine that you also played a role in the accident due to negligent behavior. For example, perhaps you were riding in the incorrect direction on a street, or maybe you turned suddenly into traffic. This type of negligence is known as contributory negligence.
If it is determined that you contributed to the accident but end up winning a judicial award of damages due to the car driver’s carelessness as well, your award may decrease according to your level of liability in the accident. For instance, if you were 30% responsible for the accident, your award may be 70% of what you otherwise would have received.
Monetary damages following an injury-causing bike-car accident
The monetary damages you receive following a bike-car crash may help you to cover your hospital bills and even the loss of wages resulting from the accident. Your award may additionally help you to address emotional distress and pain and suffering stemming from the collision.