The Kipness Law Firm, P.C

DALLAS BICYCLE AND PEDESTRIAN ACCIDENTS

Q: What are common injuries from bicycle and pedestrian accidents?

A: Because pedestrians and people riding bicycles are not protected by the confines of a car, their injuries are serious and can include brain injuries, spinal cord injuries, amputations, broken bones, disfigurement and even death.

Q: What should I do if I am involved in a bicycle or pedestrian accident?

A: Like all accidents, if injured get medical attention and get the names and telephone numbers of all parties and witnesses to the accident.  You should also report the accident to the police and record the insurance information of all cars or vehicles involved in the accident.  You should also get a copy of the 911 call by contacting the police department.

Q: What are causes of a pedestrian and bicycle accidents?

A: These accidents can be caused by negligent drivers, negligent bicycle repair shops, defective bicycle and helmet designs, broken traffic signals, defective guard rails, defective crosswalks, and road hazards (e.g. holes) that are not maintained or fenced off.

Q: What can be done to avoid bicycle or pedestrian accidents?

A: You should wear a helmet if riding a bike, follow the rules of the road, jog or walk with others, jog or walk on sidewalks if available, assume vehicles cannot see you, stay visible to cars by wearing reflective clothing, do not operate your bicycle in a reckless manner, make sure your bicycle is maintained and repaired, and use signals when making turns.

Q: What is contributory negligence or comparative responsibility and how does it affect my bicycle or pedestrian injury claim?

A: These terms refer to a legal rule that says the value of your claim can be decreased by any negligence on your part.  For example, if a jury finds the auto driver is 80% at fault and you are 20% at fault and you are awarded $100 for your injuries, the Court will reduce this award to $80 because you were 20% negligent. You cannot recover compensation for your negligence.

Q: If injured on a bicycle or walking, can I recover benefits on my auto insurance policy?

A: Possibly.  It depends on the terms of the policy.

Q: Can I make a claim against a driver of car if he did not hit me but caused me to have an accident while walking or on a bike?

A: Yes.  You will need to prove that the auto driver was negligent in driving his car and this negligence was the cause of your accident and injuries.

Q: What if I am injured by a car with no insurance while walking or riding a bike?

A: If you have auto insurance, you might be able to recover either personal injury protection (PIP) or uninsured (UM) benefits on your auto insurance for your medical bills, lost wages, and other injuries.  The language of your auto insurance will determine if there is coverage for your accident.

Q: What type of compensation can I recover from a pedestrian or bicycle accident?

A: You can recover your medical bills, lost wages, future medical care expenses, future loss of earning capacity damages, and compensation for pain, mental anguish, disfigurement, and impairment.

Q: If a person dies from a pedestrian or bicycle accident, can a claim still be pursued?

A: Yes, under a wrongful death statute a claim can be pursued by spouses, children, and parents of the deceased.

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