Houston Car Accident Lawyer - Joel A. Gordon

Legally, you are not required to hire a lawyer to file a bicycle accident claim, but having one can make a big difference in the outcome. If your injuries are more than very minor scrapes, it’s usually wise to consult an experienced Houston bicycle accident lawyer. Insurance companies have teams of adjusters and lawyers on their side working to pay you as little as possible. Without your own lawyer, you may end up accepting a lowball settlement or struggling to prove the driver’s fault. A skilled Houston bike crash attorney knows how to gather evidence, build a strong case, and negotiate with insurers to seek the maximum compensation for you.

Importantly, a lawyer can help protect you from unfair blame. In some cases, the driver’s insurance might try to argue that you were at fault (for example, claiming you “came out of nowhere” or didn’t signal). An attorney will work to collect witness statements, traffic camera footage, and expert analysis to prove the truth of what happened. They also handle all the paperwork and deadlines, which relieves you of a huge burden. Studies have shown that injury victims who hire lawyers often recover significantly more, even after legal fees, than those who go it alone. Given that most personal injury lawyers (including us) work on a contingency fee, it costs nothing upfront to have an attorney in your corner. In short, while it’s possible to handle a claim yourself, having a dedicated Houston bicycle accident lawyer greatly increases your chance of securing fair compensation and allows you to focus on healing.

Not wearing a helmet does not automatically prevent you from recovering damages after a bicycle accident, especially as an adult. Texas has no universal helmet requirement for bicyclists. That said, the at-fault driver’s insurance might argue that your injuries (particularly any head injury) were more severe because you didn’t wear a helmet. This is essentially a blame-shifting tactic. Texas’ comparative fault rules come into play here – if a court or insurance adjuster believes not wearing a helmet contributed to your injuries, they might assign you a percentage of fault (for example, 10% at fault for your own injuries due to lack of a helmet). Any compensation you receive could then be reduced by that percentage. But crucially, as long as you were less than 51% at fault overall, you can still recover the majority of your damages.

It’s also worth noting that helmet use typically affects only head injury claims. If you suffered a broken leg, for instance, whether you wore a helmet is irrelevant to that injury. And since helmets are not legally required for adults, failing to wear one is not negligence per se. Juries in Texas might have mixed opinions on this issue, but a good lawyer will counter any helmet argument by focusing attention on the driver’s negligence (which is what actually caused the accident). If you are under 18 and weren’t wearing a helmet in a city like Houston where it’s required for minors, the defense could make more of an issue of it – but even then, it doesn’t bar you from recovery; it’s just one factor among many. Bottom line: you can absolutely still pursue a claim if you weren’t wearing a helmet. Many cyclists don’t, and they are still entitled to compensation when a driver hits them. Our attorneys have successfully handled cases for clients who weren’t wearing helmets, and we know how to address this issue effectively.

A hit-and-run bicycle accident is terrifying – not only were you injured, but the driver sped off without taking responsibility. Despite the driver fleeing, you still have legal options to recover compensation. First, always report a hit-and-run to the police immediately. The police will investigate and try to identify the driver (through witnesses, surveillance cameras, license plate recognition, etc.). Sometimes hit-and-run drivers are found and can be held accountable criminally and civilly. But if the driver is not found, you can turn to your own insurance if you have Uninsured Motorist (UM) coverage on your auto policy. In Texas, auto insurers are required to offer UM/UIM coverage, and many people carry it. Uninsured Motorist coverage steps in when the at-fault driver had no insurance or when you’re the victim of a hit-and-run where the driver cannot be identified. It can cover your medical bills, lost wages, pain and suffering, etc., up to the limits of your policy.

For example, if you have UM coverage of $100,000 and a hit-and-run driver broke your arm and damaged your bike, you could make a UM claim with your own insurer for your damages. It’s essentially your own insurance company compensating you because the responsible party vanished. However, even though it’s “your” insurance, they can still be difficult to deal with – they might contest the value of your claim or whether the incident qualifies. Our attorneys can help you file a strong UM claim and push back if your insurer tries any unfair tactics. We’ll gather evidence to show the hit-and-run occurred (police report, witness affidavits) and document all your losses. If you don’t have car insurance or UM coverage, there may be other avenues like Texas’ Crime Victims’ Compensation Fund for certain hit-and-run victims, though those are more limited. The key is, don’t lose hope if the driver fled. You may still recover compensation through insurance. A bicycle accident lawyer can guide you through this process and explore every possible source of recovery for you.

In Texas, the law sets a time limit of two years from the date of the accident to file a personal injury lawsuit for a bicycle accident. This deadline is called the statute of limitations. If you fail to file your claim in court within two years, you will likely lose your right to pursue compensation entirely – even if your injuries are serious and the other party was clearly at fault. There are very few exceptions to this rule. (One example: if the injured cyclist is a minor, the two-year clock may not start until their 18th birthday.) But generally, courts strictly enforce the two-year limit for injury cases.

Two years might sound like a long time, but it can pass quickly, especially when you’re busy recovering and dealing with day-to-day challenges after an accident. Important: you do not want to wait until the last minute. It takes time to investigate a case and prepare a lawsuit. Evidence can disappear and witnesses can become harder to locate as time goes on. That’s why it’s wise to speak with an attorney as soon as you can after a bicycle crash. Getting a lawyer involved early means they can start investigating and handling the legal steps while you focus on healing. Even if you’re not 100% sure you want to pursue a claim, it’s good to get legal advice early to understand your options and ensure you don’t accidentally miss the filing deadline. Our firm offers a free case review, so it costs nothing to learn about your rights and the timeline. To protect your claim, remember: in Texas you generally have two years from the accident date to take legal action – don’t delay beyond that, or you could be out of luck.

If you are successful in a bicycle accident claim (whether via insurance settlement or court verdict), you may recover several types of damages (the legal term for compensation). In Texas, personal injury victims are entitled to seek compensation for both economic and non-economic losses, such as:

• Medical Expenses: This includes all medical bills related to the accident – emergency room care, hospital stays, surgeries, doctor visits, medications, physical therapy, rehabilitation, and any future medical treatment you’ll need. Don’t forget the cost of medical devices (crutches, wheelchairs, braces) or home modifications if needed after a serious injury.

• Lost Wages and Earnings: If your injuries caused you to miss work, you can claim the income you lost. For more severe injuries that affect your ability to work long-term or permanently, you can also claim loss of earning capacity. This means if you can’t return to your old job or can only work part-time or a lower-paying job, the difference in your income can be compensated.

• Pain and Suffering: These are non-economic damages for the physical pain and discomfort you endured, as well as emotional distress. Bicycle accidents can be traumatic – you might suffer anxiety, depression, or PTSD after the crash. Pain and suffering compensation is meant to account for these very real but intangible losses. The more severe and long-lasting your injuries, generally the higher this component of damages will be.

• Bike Damage and Out-of-Pocket Costs: You are typically entitled to reimbursement for the cost to repair or replace your bicycle and any other personal property damaged in the accident (helmet, cycling gear, phone, etc.). Also, any other out-of-pocket expenses due to the accident can be claimed – for example, travel expenses for medical appointments or the cost of hiring help for household chores you can’t do while injured.

• Punitive Damages: In regular negligence cases, punitive damages (meant to punish the wrongdoer) are not common. However, if the driver’s actions were grossly negligent or intentional – for instance, the driver was drunk or hit you on purpose during a road rage incident – a court might award punitive damages to penalize that behavior. These are awarded on top of your compensatory damages but only in special cases.