We’re all encouraged to get more exercise. Many choose to do that by riding a bicycle in San Antonio and the surrounding areas in TX. Bicyclists have the same rights and responsibilities as those driving vehicles. Yet, when a bicycle accident happens, the bike rider can be subjected to serious injuries or even death. Victims and their families may have the legal right to compensation. Schedule your free case consultation with the San Antonio bicycle accident attorneys of The Aguirre Law Firm, PLLC.
Meeting with a bicycle accident attorney at The Aguirre Law Firm, PLLC, is a risk-free way to learn about the personal injury claims process in San Antonio. We want you to understand the laws surrounding bicycle accident claims and how they directly affect your situation.
Former clients and attorneys recommend The Aguirre Law Firm, PLLC, and we want you to discover the many benefits of retaining our firm. These include but are not limited to:
Reach out to The Aguirre Law Firm, PLLC, now. Our San Antonio personal injury attorneys are bilingual and are proud to represent the Hispanic community in San Antonio.
Alex Aguirre is the founder and lead attorney of The Aguirre Law Firm, PLLC. Aguirre has over two decades of experience in personal injury law and has been fighting for the justice his clients deserve with much success. Early on in his career, Aguirre was an insurance defense attorney and acquired much knowledge about common tactics insurance companies use against personal injury claims. He now leverages this knowledge on the other side of the courtroom and has recovered millions for his clients in doing so. Outside of his legal practice, Aguirre and his team are committed to bettering the local San Antonio community through various philanthropic efforts.
“Mr. Aguirre and his staff did a great job for me in my personal injury case. They obtained a very favorable settlement on my behalf. What I appreciated the most was that my case was given the care and attention it deserved. I never felt like it was just being handled by a case manager without any involvement with the attorney. In fact my attorney was involved every step of the way and routinely took my calls. It was personalized service rather than assembly line type service.”
Theresa M.
★ ★ ★ ★ ★
“Super great law firm! They helped me every step of the way and always had a positive attitude. They were all so kind and nice, I would definitely recommend them to anyone who is looking for one!”
Katelin
★ ★ ★ ★ ★
Because getting more exercise by riding a bicycle is good for us and the planet, it’s often hard to think about the fact that a bicycle accident is extremely dangerous. Yet, they are. Bicycle accidents are dangerous for bike riders because they have less protection than the driver of a vehicle. Although the cyclist may be wearing a helmet and even safety pads, it’s simply not enough to protect the body. A bicyclist who is hit by a vehicle suffers a major impact. They may hit the hood, windshield, or roof, and even roll off the trunk. Then, there’s the impact with the pavement or sidewalk. That’s a minimum of two major hits absorbed by the human body instead of by the fiberglass and metal body of a vehicle.
If you are the victim of a bicycle crash, there are steps you can take to protect your health and your legal rights. If you are physically unable to perform some of these tasks, ask someone nearby to help.
Getting medical treatment is the priority in any accident. Always call for medical and police assistance before doing anything else.
Afterward, it is helpful to:
An experienced San Antonio bike accident attorney can offer you advice before speaking with an insurance adjuster and even offer specialty care referrals you may need.
Both motor vehicle drivers and bicyclists need to know and abide by San Antonio bicycle laws. Doing so can help to prevent unnecessary bicycle accidents and injuries.
San Antonio has three important city ordinances riders must follow in addition to Texas state bicycle laws. These are the Bike Light Ordinance and the Safe Passing Ordinance, and the no sidewalk riding ordinance.
The City of San Antonio requires bicycles to have a front white light and a rear red reflector or red rear light. Not complying with the ordinance is a Class C Misdemeanor punishable by up to a $200 fine.
The City of San Antonio Safe Passing Ordinance requires the operator of a motor vehicle not to interfere with vulnerable users’ legal use of the road. Safe passing distance is defined as “3′ for cars and 6′ for commercial or 18 wheeler trucks in San Antonio that only applies when road conditions allow.” Violation of the ordinance is punishable as a Class C misdemeanor and a fine not to exceed $200.00.
The City of San Antonio does not allow bicycles to be ridden on sidewalks except for law enforcement and emergency personnel. This is because of the potential for a pedestrian accident in San Antonio.
Texas has an overarching set of bicycle safety regulations. These have been adopted by San Antonio and are enforced along with local ordinances.
The following are important highlights of these laws:
A complete guide to Texas bicycle safety and where to take a bicycle safety course can be found at www.biketexas.org.
In San Antonio and the surrounding areas, there are several common causes of a bicycle accident. One is, broadly, the fault of the bicyclist for not adhering to the laws of the road. Yet, the majority of bike accidents are caused by motor vehicle drivers who:
Injuries caused by bicycle accidents can be severe enough to cause permanent disability. If you’re involved in a bicycle accident, it’s important to get medical attention right away. Some of the injuries include:
The amount of compensation awarded in a bicycle accident claim depends on several factors. While the severity of a victim’s injuries plays a key role in monetary damages, so may the following:
Shared responsibility for a San Antonio bicycle accident may also affect a victim’s compensation award.
There are two types of damages typically available in a bicycle accident claim. These are economic and non-economic damages.
Economic damages are calculable damages meant to cover billable expenses and losses both current and future. These generally include:
Non-economic damages are compensation for more personal, subjective losses without fixed dollar amounts such as:
A third type of damages known as punitive or exemplary damages may be awarded by the court. However, this is rare.
Punitive damages are a financial means of punishing a negligent or reckless party for particularly egregious behavior. These damages are not to reward the victim.
Injury victims can recover compensation after a San Antonio bicycle accident even if they were partially to blame. This is because Texas follows what is known as a modified comparative negligence system.
An injury victim may collect damages in Texas so long as they are found to be 50% or less at fault for their accident. Anyone found 51% or more at fault for their accident may not collect compensation.
Any damages award is reduced by a victim’s percentage of fault. For example, an accident victim found 50% at fault for an accident who receives a $100,000 damages award will have that award reduced by 50% or $50,000.
An accident victim cannot collect damages for their injuries unless they file a timely claim. Texas gives bicycle accident victims two years from the date of their injury to file a personal injury lawsuit.
All claims are barred beyond two years.
Victims and families of a bike accident in San Antonio may be eligible to receive compensation if the accident is the fault of another person. To learn more about bicycle accidents, negligence, and to schedule a free case review, contact our San Antonio bicycle accident lawyers at The Aguirre Law Firm, PLLC today.