Negligent Drivers Often Shift Blame to Cyclists – Fight Back with the Adley Law Firm. Get Your Free Consultation Today!
When a bicycle accident happens in Houston, determining fault is often the key to recovering compensation for injuries and damages. At the Adley Law Firm, led by Attorney Kevin Adley, we help victims navigate the complexities of fault determination, offering skilled representation and personalized guidance. With a history of recovering millions of dollars for clients, we’re here to fight for you. Contact us for a free consultation today.
What Does It Mean to Determine Fault?
Determining fault in a bicycle accident involves identifying the party or parties responsible for causing the collision. In Texas, fault is often based on negligence, which occurs when someone fails to exercise reasonable care under the circumstances. Examples of negligence in a bicycle accident can include running a red light, failing to yield, or engaging in distracted driving.
Texas follows a comparative fault system. This means that multiple parties can share fault for an accident, but if you’re more than 50% responsible, you cannot recover compensation. Fault determination impacts both the legal process and the financial recovery for injured cyclists.
When Drivers Are at Fault for Texas Bicycle Accidents
- Failure to Yield: Drivers who fail to yield to cyclists at intersections or crosswalks are often found at fault for resulting accidents.
- Distracted Driving: Texting, eating, or other distractions can prevent drivers from noticing cyclists in their vicinity.
- Dooring: Opening a car door into the path of an oncoming cyclist without checking for traffic is a common cause of urban bicycle accidents.
- Unsafe Passing: Texas law requires drivers to maintain a safe distance of at least three feet when passing a cyclist. Failure to do so can result in collisions.
- Speeding or Reckless Driving: Excessive speed or aggressive maneuvers near cyclists often lead to avoidable crashes.
When drivers fail to respect a cyclist’s rights to share the road, they can be held liable for the resulting injuries and damages.
When Cyclists Are at Fault for a Texas Accident
Although drivers are often at fault in bicycle accidents, there are situations where a cyclist’s actions contribute to or cause a collision. Examples include:
- Running Stop Signs or Red Lights: Cyclists, like drivers, are required to obey all traffic signals. Ignoring these rules can lead to accidents where the cyclist is deemed at fault.
- Riding Against Traffic: Texas law requires cyclists to ride in the same direction as traffic. Riding against traffic increases the risk of head-on collisions and may shift fault to the cyclist.
- Sudden Lane Changes: Failing to signal or making unexpected movements can leave drivers unable to react in time, causing accidents.
- Impairment: Cycling under the influence of drugs or alcohol is both illegal and dangerous, and it can lead to the cyclist being held responsible for any resulting accident.
Even if a cyclist is partially at fault, they may still recover compensation under Texas’ comparative fault system if their share of responsibility is less than 50%.
Shared Fault in Bicycle Accidents
Some bicycle accidents involve shared fault, where both the cyclist and the driver contributed to the collision. For example, a cyclist running a stop sign and a driver speeding may both share blame. In these cases, Texas’ comparative fault system allocates fault percentages to each party. A cyclist who is 30% at fault can still recover 70% of the damages they incurred.
Working with an experienced attorney is critical in shared fault cases to ensure your percentage of responsibility is minimized and your compensation is maximized.
How Fault Is Determined
Proving fault in a bicycle accident requires collecting and analyzing evidence, which may include:
- Police Reports: These provide official accounts of the accident and often include fault determinations based on the investigating officer’s findings.
- Witness Testimonies: Eyewitness accounts can help clarify what happened and who may be at fault.
- Traffic Camera or Dashcam Footage: Video evidence is invaluable in reconstructing accidents and identifying negligent behavior.
- Photos of the Scene: Images showing skid marks, road conditions, or vehicle positions can support your claim.
- Expert Analysis: Accident reconstruction specialists can provide detailed analyses of the crash to determine fault.
Gathering this evidence quickly is essential, which is why we recommend contacting the Adley Law Firm as soon as possible after an accident.
Steps to Take After a Bicycle Accident
After a bicycle accident, your actions can significantly impact the outcome of your claim. Here are the steps to follow:
- Seek immediate medical attention, even if injuries appear minor.
- Call the police and ensure a report is filed.
- Gather contact information for the driver, witnesses, and others involved.
- Take photos of the accident scene, your injuries, and any damage to your bicycle.
- Avoid making statements that could be interpreted as admitting fault.
- Contact an experienced bicycle accident attorney to protect your legal rights.
How the Adley Law Firm Can Help
At the Adley Law Firm, we understand the immense challenges bicycle accident victims face. Led by Attorney Kevin Adley, our team has successfully helped thousands of clients secure justice and recover millions in compensation. We are committed to handling every aspect of your case with precision and care, including:
- Conducting thorough investigations to determine fault.
- Negotiating aggressively with insurance companies to maximize your settlement.
- Representing you in court if litigation becomes necessary.
If you or a loved one has been injured in a bicycle accident, don’t delay in seeking legal help. A prompt response can be critical to preserving evidence and strengthening your case. The Adley Law Firm offers free consultations to evaluate your situation and provide clear guidance on your legal options.
Call us today at (713) 999-8669 or contact us online to get started. Our dedicated team is here to fight for your rights and ensure you receive the justice and compensation you deserve.
Proudly serving Houston and all of Texas, the Adley Law Firm is your trusted advocate for bicycle accident cases. For more details, visit our bicycle accidents page.
