Austin Bicycle Accident Lawyer
At Loewy Law Firm, our Austin bicycle accident lawyers take bike accidents seriously, and we make sure that the responsible parties are held accountable for their actions. Our warm, caring staff is here for you and your family. We will make sure that your voice is heard and we help you seek the compensation you need.
Call the Austin bicycle accident lawyers of Loewy Law Firm at (512) 280-0800 today to see how our team can help.
Why Do I Need an Austin Bicycle Accident Lawyer?
After an accident, life comes at you fast. You have to deal with doctor appointments, extra bills, and insurance companies, and the rest of your life doesn’t stop just because you were in an accident.
You have the right to pursue a claim without the aid of a lawyer, but it is a huge risk, and the consequences could be costly.
Trying to manage all these things at the same time is more than you should have to take on after an accident. You need a trusted Austin bicycle accident lawyer to help you navigate the challenges your accident caused so that you can focus on healing. Having an effective personal injury lawyer in your corner will help relieve the strain of communicating with insurance companies, figuring out who were the responsible parties, and meeting the required filing deadlines.
Soon after the accident, you can expect to hear from the insurance company of the person who hit you. They will ask very detailed questions, and every answer you give will be used against you. They are a business, and everything they do is about saving money. They have no interest in making sure that you get the medical care and compensation you need to recover. Your lawyer can take the pressure off you in these situations. They can advise you about the best way to respond to the insurance adjuster. That may be to tell them that you want to speak to your lawyer before answering their questions.
Your Austin bike accident attorney will take it from there. They will manage your claim and set the foundation for demanding the compensation that you need to take back as much of your life as you can. You will be able to put all of your energy into getting healthy and back on your feet.
Making the call to Loewy Law Firm could be the difference between a lifetime of financial and emotional stress and the peace of mind you’ll get from knowing that your expenses are covered, and you don’t have to worry about your bike accident case.
What Compensation Can I Recover for an Austin Bike Accident?
When determining how much compensation you are entitled to, we can evaluate your damages to figure out the actual value of your claim. Damages are the losses you have experienced because of the accident. They are broken down into three major categories: economic, non-economic, and punitive.
Economic damages are any monies that you have lost as a result of the accident. These damages include:
- Medical expenses– these are all the expenses related to your medical care. That means all insurance copays, medical bills, prescription costs, and any other expenses. You’ll need to get a copy of your medical records. These documents will show what your health was like before the accident and how the accident has changed that. You will also need to keep receipts of every penny you have paid out for your care. Having those two sets of documents together will show how the bicycle accident has affected your health and how much it has cost.
- Lost wages– these are the wages you have lost due to the bicycle accident. Lost wages can include pay for work you have missed due to your injury, doctor appointments, and lost future earning potential because of serious injury or disability. The best way to prove your entitlement to lost wages is to provide check stubs from before and after the accident and receipts from any doctor visits or therapy appointments you attended that made you miss work. These documents will show how the accident has impacted your ability to earn for your family. If you suffered a serious injury or have been disabled, you will need to show that paperwork, as well. Having all of your wage history and disability paperwork, if applicable, will prove what you were making before the bike crash and what you stand to lose because of the accident.
- Property damage– these are amounts you have paid or would have to pay to repair or replace any belongings that were damaged in the accident, including your bicycle. In order to best strengthen your claim, you will need to take all damaged items to their respective repair shops for estimates. This will provide you with the documentation you need to claim damages for the repair. In the event an object was destroyed, like a laptop, you will need to provide receipts or other proof of replacement cost. These items will show how much damage was done and what it costs to repair or replace them.
Non-Economic Damages are also commonly known as “pain and suffering.” While not as easy to prove as more straightforward- economic damages are, they are a part of the compensation you may be owed. They refer to any non-money-related issues you have experienced because of the accident and may include:
- Physical pain– any pain you are suffering as a result of the accident and how it affects your daily living.
- Emotional pain– any post-traumatic stress, anxiety, or depression that you have experienced from the accident. This also includes the loss of enjoyment of life. In many cases, an injury takes away the ability to enjoy your life the way that you used to because of serious mental, emotional, or physical trauma.
- Mental anguish– any mental stresses you are experiencing. This includes financial stress, concerns about the future, and the strain of trying to rehabilitate your mind and body.
The best way to document your non-economic damages is to keep a daily journal where you can express your feelings and your fears. This will give you a way to get your thoughts and feelings out, and it will provide you with documentation that shows how you have been affected. If your case must go to trial, your journal could be useful evidence for the jury.
Punitive damages are much less common, but they may be pursued in a civil suit. They are designed to punish criminal levels of recklessness and negligence. You will need to provide clear evidence that the responsible party acted with malicious intent or acted without concern for others. A jury will determine whether the wrongdoer’s conduct rose to the level where punitive damages could be awarded. If so, they will make the award to punish the at-fault party and prevent such behavior from happening again.
What Type of Negligence Leads to a Bicycle Accident?
Because of the small amount of protection bicyclists have, accidents between vehicles and cyclists can easily lead a serious injury or fatality. Contributing factors might include:
- Distracted drivers
- Failure to watch for cyclists
- Inattentive drivers who may cause dooring accidents
- Intoxication from drugs or alcohol
- Impaired visibility for the driver
- Speeding excessively
- Traffic violations
Sometimes, mistakes on the part of the bicyclist lead to traffic accidents. For example, a bicyclist could cause a wreck by failing to adhere to traffic signals or riding on the wrong side of the road. If you suffered an injury or the loss of a loved one in an avoidable bicycle accident, you may be able to collect financial compensation for your damages. This includes compensation for medical expenses, doctor’s visits, missed wages, and any non-economic costs.
Bicycle Accident Statistics
Bike accidents account for 2% of all traffic fatalities. Research suggests that, since 1932, more than 50,000 cyclists have been killed in traffic accidents. Bicycling is a pleasant pastime, an excellent form of exercise, and an efficient means of transportation, but bicycling can be dangerous.
In a large city like Austin, heavy traffic increases the likelihood of car, pedestrian, and bicycle accidents. Research suggests that passenger vehicles, public transportation (buses), and commercial trucks are three of the most common vehicles involved in bicycle accidents.
Research suggests that environmental factors, such as road conditions and the weather, are not typically responsible for traffic accident injuries and fatalities. In other words, human error is the leading cause for car, truck, and bicycle accidents.
One study revealed that 70% of bicyclists are concerned about traffic accidents, while only 21% are worried about crime. The National Highway Traffic Safety Administration (NHTSA) states that hundreds of cyclists are killed in traffic accidents every year. In the decade from 2001 to 2010, the annual number of bicycle accident fatalities decreased from 732 to 618. While the average number of cyclist fatalities fell, the traffic collisions are still a serious concern for bicycle enthusiasts across the nation.
How to Prevent a Bicycle Accident
Statistically, dusk is the most dangerous time of day for bicyclists. As the sun sets, drivers tend to experience difficulties with visibility, increasing the risk of car-bicycle traffic collisions and fatalities. To avoid fatal accidents, the NHTSA recommends that all cyclists wear properly fitted bicycle helmets. Helmets should be worn during every bike ride.
Motorists should conscientiously share the road with bike riders. If a driver refuses to share the road, they can be held responsible for any ensuing injuries, deaths, or accidents. Careless drivers are responsible for many bicycle accidents and deaths in the United States. To avoid hitting a cyclist, drivers should always be prepared to yield the right of way to bike riders when necessary and always check for cyclists before and during turns.
Contact an Austin Bike Accident Attorney for a Free Consultation
If you or someone you love suffered a serious injury in a bicycle accident, Attorney Adam Loewy can help you collect the financial compensation that you need and deserve. Attorney Loewy and his personal injury law firm are committed to helping their clients seek justice for their suffering through effective personal injury and wrongful death claims and lawsuits. Contact Loewy Law Firm today.