If you’ve experienced a bicycle accident in McAllen, Texas, you’re likely struggling with physical injuries as well as emotional and financial struggles. If you weren’t at fault for the accident, you should be able to obtain compensation to help you deal with your losses and focus on your recovery.
The Law Office of Lino H. Ochoa is here to help you. Our experienced attorneys are ready to help you recover compensation on cases involving personal injury, McAllen car accidents, truck accidents, motorcycle accidents, wrongful death claims, and more.
How The Law Office of Lino H. Ochoa Can Help If You Were Injured in a Bicycle Accident in McAllen, TX
If you’ve been involved in a bicycle accident in McAllen, TX, it’s essential to work with an experienced personal injury attorney in McAllen who can help you seek justice and get the compensation you need to focus on your recovery. Here’s how we’ll help you with your case:
We will investigate all aspects of the accident to determine how it happened and who was at fault. This usually entails collecting police reports, witness statements, available video footage, and any other evidence relevant to your accident.
Negotiate With Insurance
Most bicycle accident claims are settled before they go to trial, as this is less expensive, less stressful, and less time-consuming than litigation. Our McAllen personal injury lawyer will speak with the at-fault party’s insurance company to try to obtain a fair settlement offer on your behalf.
File a Lawsuit and Represent You in Court
If the insurance company is unwilling to make a fair settlement offer, we will take further legal action by filing a personal injury lawsuit. We’ll file the claim for you, prepare the case, and represent you at all court proceedings.
Dealing with the aftermath of a bicycle accident in McAllen, Texas, can be incredibly stressful. Working with an experienced lawyer can help ease your stress and ensure the right steps are taken to give you the best chance at success. For help, contact The Law Office of Lino H. Ochoa to schedule a free consultation with a McAllen bicycle accident attorney.
How Common Are Bicycle Accidents in McAllen, Texas?
Bicycling, while a popular mode of transportation and recreation in Texas and the rest of the United States, comes with its risks, as highlighted by recent statistics from 2021 and 2022.
- In 2022, Texas experienced 2,265 bicycle crashes, resulting in the tragic loss of 90 cyclists’ lives.
- Texas was the state with the third-highest number of bicycle fatalities in the United States in 2021.
- Nationwide, the year 2021 saw an estimated 41,615 bicyclists injured in various incidents.
- Of the traffic fatalities recorded in 2021, bicyclist deaths comprised 2.2 percent, totaling 966 fatalities across the country.
These figures underscore the importance of safety measures and infrastructure improvements for cyclists around the country.
What is My McAllen Bicycle Accident Case Worth?
The value of your bicycle accident claim depends on several factors, most often including the following:
The Severity of Your Injuries
Usually, one of the most significant factors in determining the value of your claim is the severity of your injuries. The more injured you are, the more likely you are to face high medical bills, miss work, and require long-term care. The higher your expenses are and the more you miss out on from work, the higher the value of your claim.
Most bicycle accident claims will be settled before they make it to trial. This occurs by receiving compensation from the insurance company of the party liable for the accident. The maximum limit of their insurance policy will dictate how much you may be able to recover. The better coverage they have, the better chance you have at receiving a high settlement offer.
Your Degree of Fault
If you were at all responsible for the bicycle accident, your compensation will be reduced. Therefore, the less liability you have for an accident, the more your claim will be worth.
All bicycle accident claims are different, and the value will be determined on a case-by-case basis with the help of your McAllen personal injury attorney.
What Kinds of Damages Are Available to Bicycle Accident Victims in McAllen, Texas?
If you’ve been injured in a bicycle accident that wasn’t your fault, you may be able to obtain compensation from the responsible party. The types of compensation you can recover could include the following:
Economic damages refer to losses that have a direct dollar amount tied to them. This usually includes medical expenses, lost wages, property damage, and any other out-of-pocket expenses that are directly related to your injury or treatment.
Non-economic damages are more difficult to quantify, as there’s no tangible monetary amount tied to these. These types of damages focus on pain and suffering, loss of enjoyment of life, and other emotional injuries and losses.
Punitive damages are rare in personal injury cases, but they can sometimes be awarded. This type of compensation is awarded to punish the defendant and deter similar conduct in the future. They are only awarded if you can prove by clear and convincing evidence that the defendant engaged in fraud, malice, or gross negligence.
Determining what damages you’re entitled to isn’t always easy, as there are a lot of different factors at play. An experienced bicycle accident lawyer can help you make this calculation.
Can I Recover Compensation If I’m Being Blamed For a Bicycle Accident in Texas?
If you’re being blamed for a bicycle accident in Texas, you can still recover compensation in some cases. Personal injury accidents are governed by modified comparative negligence.
Under this rule in Texas, you can recover compensation after an accident as long as you are not more than 50% at fault. Anything you recover will then be reduced by your percentage of fault.
For example, if your compensation award amounts to $20,000 and it’s determined you are 10% at fault, you will receive $18,000 ($20,000 minus 10%).
We’ll Fight to Recover Compensation For All of Your Bicycle Accident Injuries
Bicycle accidents can cause significant injuries, as riders do not have the protection that a motor vehicle driver has.
Some of the most common injuries include:
- Fractured and broken bones
- Scrapes and bruises
- Traumatic brain injuries
- Spinal cord injuries
- Nerve damage
- Road rash
No matter what type of injury you’re facing, it’s always a good idea to get checked out by a medical professional as soon as possible after an accident.
What Causes Most Bicycle Accidents in McAllen, Texas?
Bicycle accidents have several different causes. Some of the most common include:
- Distracted driving
- Low visibility
- Drunk driving
- Running stop signs (both the cyclist and drivers)
There are many reasons that bicycle accidents occur. Understanding the causes can help protect everyone on the road.
How Do I Prove Negligence After a Bicycle Accident in Texas?
To have a successful personal injury claim in Texas, you must prove that another party was negligent. This involves proving four key elements:
Duty of Care
The first thing you need to prove is that the party you’re claiming is responsible has a duty of care toward you. This means they had an obligation to take action to avoid causing you harm. If you were injured by a driver, this is an easy element to prove, as all drivers have a responsibility to drive safely and prevent causing harm to others around them on the road.
Breach of Duty
Next, you must show that the party you’re claiming caused your accident breached this duty. Using a vehicle driver again, this would usually be proven by showing that they violated certain traffic laws, like driving over the speed limit or ignoring traffic signals.
Next, you must prove that the breach of duty actually caused your accident. For example, a car runs a red light and hits you as you’re riding your bike. There is clear causation in this scenario.
Finally, you must show that you experienced damages from the accident. This usually includes medical expenses, property damage, lost wages, and emotional injuries like pain and suffering.
If you’re able to prove these elements, you will likely be successful in obtaining compensation for your injuries.
How Long Do I Have to File a Lawsuit After a Bicycle Accident in Texas?
If you’ve been injured in a bicycle accident in Texas, you must typically file your lawsuit within two years of the date of your accident. This deadline is known as the statute of limitations.
If you fail to file your claim on time, you will lose out on the ability to collect any compensation from the responsible party, no matter how much evidence you have that they were responsible.
There can be exceptions to this timeline that either extend or shorten the deadline, so always speak with a bicycle accident lawyer as soon as possible to ensure you don’t miss your chance to file your claim.
Contact Our McAllen Bicycle Accident Lawyer For a Free Consultation
Experiencing a bicycle accident can be an incredibly frightening experience, as it often leads to serious injuries – both physically and emotionally. Fortunately, you often have legal recourse.
If you need help after an accident, we serve Hidalgo County and its surrounding areas. Contact our law offices at (956) 815-0055 to schedule a free consultation with a McAllen bicycle accident lawyer.
Our personal injury law firm in McAllen, TX also handles:
- McAllen Bad Faith Insurance Lawyers
- McAllen Bicycle Accident Lawyer
- Brain Injury Lawyers in McAllen, TX
- Bus Accident Lawyers in McAllen, TX
- Car Accident Attorneys in McAllen, TX
- Construction Accidents Attorneys in McAllen, TX
- McAllen Dog Bite Lawyers
- McAllen Medical Malpractice Lawyers
- McAllen Motorcycle Accident Lawyers
- Pedestrian Accident Lawyers in McAllen, TX
- Premises Liability Attorneys in McAllen, TX
- Product Liability Lawyers in McAllen, TX
- McAllen Slip and Fall Lawyers
- McAllen Truck Accident Lawyer
- Uber Accident Lawyers in McAllen, TX
- Wrongful Death Lawyer in McAllen, TX
Visit Our Personal Injury Law Office in McAllen, TX
The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504
Hours: Monday to Friday,
from 9 am – 5 pm
McAllen Bicycle Accident Client Review
“When in stress and frustration, the only thing you want is for some type of guidance to help you get to the next step. We are very pleased with this Team! Mr. Ochoa and his staff really came through and helped throughout the whole process. Not only were they very informative; they were also available every time we called! We couldn’t have chosen a better team.”
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Highly Rated Emergency Rooms In McAllen, TX
- McAllen Emergency Room – 6700 N 10th St, McAllen, TX 78504
- South Texas Health System ER McColl – 4702 S McColl Rd, Edinburg, TX 78539
- Emergency Room at Rio Grande Regional Hospital – 101 E Ridge Rd, McAllen, TX 78503
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
Highly Rated Physical Therapy Clinics In McAllen
- Pure Physical Therapy – 5413 N 23rd St, McAllen, TX 78504
- XO Physical Therapy McAllen – 2001 S D St, McAllen, TX 78503
- Top Grade Physical Therapy – 2801 W Expy 83 #210, McAllen, TX 78503
- McAllen Physical Therapy – Fortino Gonzalez – 5201 N McColl Rd, McAllen, TX 78504
- Performance Therapeutics – 500 Lindberg Ave, McAllen, TX 78501
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.