Did you suffer injuries in a bicycle accident? Did an intoxicated driver cause the crash? If so, call the Austin bicycle accident lawyers of Loewy Law Firm to discuss how we can help. You might be entitled to financial compensation for your medical care and other expenses. You should not be forced to pay these bills yourself if the negligent driver were entirely at fault for your injuries.
Everyone knows drunk driving is dangerous. Unfortunately, some people get behind the wheel of their car despite the increased risk of an accident. In 2019, 10,142 people died in crashes involving intoxicated drivers. This statistic shows the devastating effects of the poor decisions people make on the road.
At Loewy Law Firm, our legal team understands the trauma you have experienced. The negligent motorist could have prevented the accident if they weren’t so reckless. You now have to face the consequences of their misconduct. We could represent you in your case and pursue the maximum compensation available. Call us at (512) 280-0800 for a free consultation, and let us help you get on the road to recovery.
What Is Considered Intoxicated Driving in Texas?
A driver is legally intoxicated when their blood alcohol concentration (BAC) is at or above 0.08%. It is illegal to operate a motor vehicle in a public place while intoxicated. When someone consumes alcohol or drugs, their physical and mental faculties are impaired. They can no longer function normally at the wheel.
Dangers of Intoxicated Driving
Intoxicated driving puts other people at risk of injury and death. When someone has alcohol or drugs in their system, it diminishes their abilities. They can’t follow simple traffic signs or recognize potential hazards they encounter.
Alcohol and drugs can lead to a range of symptoms for a driver, including:
- Altered sensory perception
- Difficulty focusing on the road ahead
- Blurry vision
- Poor decision-making skills
- Impaired judgment
- Loss of muscle coordination
- Slower reaction time
These symptoms prevent motorists from having total control over their vehicles. Bicyclists often suffer more serious injuries in accidents than the occupants of cars. They lack the same protections, such as airbags and seatbelts, that motorists have. Bicycle riders can get ejected, run over by a car, or impaled by flying debris. These accidents become deadly for many bicyclists.
Accidents Caused by Intoxicated Driving
Various scenarios can lead to collisions between a bicyclist and an intoxicated driver. The most common types of intoxicated driving accidents include:
- Wrong-way crash
- Rear-end accident
- T-bone collision
- Turning accident
- Head-on collision
- Intersection accident
If you were involved in any of these or another type of bike accident, do not hesitate to consult Loewy Law Firm about your available legal options to hold the intoxicated motorist liable.
Injuries Caused by Drunk or Drugged Motorists
Cyclists are at risk of debilitating and life-threatening injuries when an accident occurs. The most common include:
- Broken bones
- Loss of limb
- Traumatic brain injury
- Road rash, burns, and cuts
- Permanent disfigurement
- Internal bleeding
- Spinal cord damage
- Psychological or emotional distress
- Back injuries
- Physical impairment or disfigurement
The permanent damage caused by the crash can result in the loss of mobility, chronic pain, severe depression, and other ongoing issues. If you require treatment to manage a disability, you could face expensive medical bills long after your case ends. You should not be financially responsible for those costs if your actions didn’t contribute to the accident.
Compensation for an Intoxicated Driving Accident
Every driver in Texas must buy and maintain auto insurance with liability coverage. Since Texas is a fault state when it comes to car accidents, the intoxicated driver becomes liable for the injured victim’s losses.
You can file a liability claim and seek compensation for the losses you suffered, such as:
- Loss of household services
- Medical expenses
- Physical impairment or disfigurement
- Lost wages
- Lost earning capacity
- Property damage
- Mental anguish
- Pain and suffering
You might be able to file a lawsuit against the driver. There is a timeframe you must follow if you want to sue them for your losses. Texas has a two-year statute of limitations. That means you have to file your lawsuit within two years of the crash date. If the statute passes, you could lose your right to pursue compensation through the courts.
One particular statute could result in diminished compensation. Proportionate responsibility reduces a plaintiff’s monetary award by their percentage of shared fault for their injuries. For example, if you suffered $100,000 in losses, but the jury finds you to be 20 percent at fault for the accident, you would receive up to $80,000. If you were more than 50 percent responsible for the crash, the statute would prohibit you from recovering any amount of money.
Many intoxicated driving accidents result in fatalities. A surviving spouse, child, or parent can file a wrongful death lawsuit and seek compensation to cover their losses, such as:
- Mental pain and anguish suffered by surviving family
- Lost earning capacity
- Loss of inheritance, including anything the deceased could have saved if they were alive
- Lost companionship, comfort, love, and society
- Lost support, counsel, care, maintenance, advice, and services
It might be possible to seek exemplary damages if you choose to file a lawsuit. This award does not compensate you for the losses you suffered. Instead, it punishes the defendant for their wrongdoing and deters similar behavior in the future. If you want to receive this financial award, you must provide the jury with clear and convincing evidence of the intoxicated motorist’s gross negligence, malice, or fraud.
How Loewy Law Firm Could Help
The legal team from Loewy Law Firm is available 24/7 to take your call. We are ready to help you hold the intoxicated driver accountable for the harm they caused. We will investigate the accident, gather evidence, and pursue the maximum compensation you need to pay for your medical treatment and heal your injuries when you hire us. We will be your advocate and fight for the justice you deserve.
Since 2005, we have built and maintained an excellent reputation in the legal field. We received a 10.0 Superb rating from Avvo and multiple awards and accolades from prestigious organizations. We’re proud of the services we provide and the favorable case results we achieve for accident victims.
Call Loewy Law Firm at (512) 290-0800 today for your free consultation if an intoxicated driver caused your injuries in a bike accident.