If you were hit by a car while riding a bicycle in Dallas, you can hold the driver financially responsible for your injuries. Texas law allows injured cyclists to recover compensation for medical bills, lost wages, pain and suffering, and future damages. The driver’s insurance company will likely try to minimize your claim or deny it entirely, but an experienced bicycle accident lawyer can fight back and protect your rights.
Bicycle accidents often result in severe injuries because cyclists have no protection from the force of a vehicle impact. Broken bones, traumatic brain injuries, spinal cord damage, and road rash are common. These injuries can lead to months of recovery, permanent disability, and overwhelming medical bills. You deserve compensation that reflects the full extent of your losses.
Varghese Summersett has recovered millions for injury victims across Texas. Our Dallas bicycle accident attorneys handle every aspect of your claim so you can focus on healing. We investigate the crash, gather evidence, negotiate with insurance companies, and take your case to trial if necessary. We work on a contingency fee basis, which means you pay nothing unless we win.
What Makes Bicycle Accidents Different from Car Accidents
Bicycle accidents create unique legal challenges that don’t exist in typical car crash cases. Cyclists are more vulnerable to serious injury, and insurance companies often use this vulnerability against them.
First, insurance adjusters frequently blame the cyclist. They’ll claim you swerved into traffic, failed to signal, or weren’t wearing a helmet. Texas doesn’t require adult cyclists to wear helmets, but insurers will still use the absence of one to argue you contributed to your injuries.
Second, bicycle accident cases often involve complex questions about where the cyclist had a legal right to be. Dallas has bike lanes on some streets but not others. Cyclists can use the full lane when necessary, but drivers don’t always know or respect this. Your attorney needs to prove the driver violated your right of way or failed to share the road safely.
Third, the injuries in bicycle accidents tend to be more severe than in car crashes. A cyclist hit at 30 miles per hour can suffer life-changing injuries that require years of treatment. This means your case is worth more, but it also means the insurance company will fight harder to deny or reduce your claim.
Get Clarity About Your Options Today
Our Dallas bicycle accident lawyers offer free consultations. Call (214) 903-4000 or contact us online.
Common Causes of Dallas Bicycle Accidents
Most bicycle accidents in Dallas happen because drivers fail to see cyclists or misjudge their speed and distance. These crashes are almost always preventable.
Dooring accidents occur when a driver or passenger opens a car door into the path of an oncoming cyclist. Under Texas law, drivers have a duty to check for cyclists before opening doors. If you were struck by a car door, the person who opened it is liable for your injuries.
Right hook accidents happen when a driver turns right across a bike lane or into a cyclist traveling straight through an intersection. These crashes are common in Dallas because drivers fail to yield or don’t check their mirrors before turning.
Left cross accidents occur when a driver turns left in front of an oncoming cyclist. The driver either doesn’t see the cyclist or misjudges how fast they’re traveling. These crashes often happen at intersections and can result in severe injuries.
Rear-end collisions happen when a driver strikes a cyclist from behind. These crashes are usually caused by distracted driving, speeding, or following too closely. Texas law requires drivers to maintain a safe distance from cyclists.
Sideswipe accidents occur when a driver drifts into a bike lane or passes too closely. Texas Transportation Code § 545.157 requires drivers to pass cyclists at a safe distance. If a driver violates this law and causes a crash, they are liable for your injuries.
Types of Compensation Available in Dallas Bicycle Accident Cases
Texas law allows injured cyclists to recover both economic and non-economic damages. Economic damages cover your financial losses, while non-economic damages compensate you for pain, suffering, and diminished quality of life.
Medical expenses are the most common type of economic damages. This includes emergency room treatment, hospital stays, surgery, physical therapy, prescription medications, and any future medical care related to your injuries. Your Dallas bicycle accident lawyer will work with medical experts to calculate the full cost of your treatment, including care you’ll need years from now.
Lost wages compensate you for income you missed while recovering from your injuries. If your injuries prevent you from returning to your old job, you can also recover compensation for lost earning capacity. This is especially important in cases involving permanent disability or traumatic brain injury.
Pain and suffering damages recognize that your injuries caused more than financial harm. Chronic pain, emotional distress, loss of enjoyment of life, and disfigurement all qualify for non-economic damages. There is no cap on these damages in most personal injury cases in Texas.
Property damage covers the cost of repairing or replacing your bicycle and any other property damaged in the crash. This includes helmets, clothing, and electronic devices.
Future damages account for ongoing treatment, permanent disability, and reduced earning capacity. Your attorney will present evidence from medical experts, vocational experts, and economists to prove the long-term impact of your injuries.
How Fault and Liability Work in Texas Bicycle Accident Cases
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. This means you can still recover damages even if you were partially at fault for the accident, as long as you were less than 51% responsible.
If the court finds you 20% at fault, your total award is reduced by 20%. For example, if your case is worth $100,000 but you’re found 20% at fault, you would receive $80,000. If you’re found 51% or more at fault, you recover nothing.
Insurance companies use this rule to their advantage. They’ll argue you were riding recklessly, not paying attention, or violating traffic laws. They’ll point to any behavior they can twist into evidence of fault. Your attorney’s job is to counter these arguments with evidence showing the driver was primarily responsible.
Multiple parties can be held liable in a bicycle accident case. If the driver was working when the crash occurred, their employer may be liable under the doctrine of respondeat superior. If the accident was caused by a road defect or poorly maintained bike lane, the city of Dallas or the Texas Department of Transportation may share responsibility.
Your attorney will investigate every possible source of liability and insurance coverage. This is especially important if the at-fault driver has minimum insurance limits. By identifying additional liable parties, your lawyer can maximize the compensation available to you.
Protect Your Rights and Your Recovery
Don’t let the insurance company blame you for an accident that wasn’t your fault. Call (214) 903-4000 for a free consultation.
What Your Dallas Bicycle Accident Case May Be Worth
The value of your case depends on the severity of your injuries, the strength of the evidence, and the insurance coverage available. Minor injuries with full recoveries typically settle for tens of thousands of dollars. Severe injuries with permanent effects can be worth hundreds of thousands or even millions.
Cases involving traumatic brain injury, spinal cord damage, or permanent disability tend to have the highest values because they require a lifetime of care and result in significant lost earning capacity.
The at-fault driver’s insurance policy limits also affect your case value. Texas requires drivers to carry minimum liability coverage of $30,000 per person and $60,000 per accident. If your injuries exceed these limits, your attorney will look for other sources of compensation, such as your own underinsured motorist coverage or additional liable parties.
Strength of liability evidence matters. Clear liability with strong witness statements, video footage, or police reports showing the driver was at fault increases your case value. If liability is disputed, the insurance company may offer less to settle.
Your willingness to go to trial also impacts settlement offers. Insurance companies know which law firms are willing to litigate and which ones settle quickly. Varghese Summersett has a reputation for taking cases to trial when necessary, and insurers know we won’t accept lowball offers.
The Claims Process and Timeline After a Dallas Bicycle Accident
The process of recovering compensation after a bicycle accident takes time. Understanding what to expect can reduce stress and help you make informed decisions.
The first step is seeking immediate medical attention. Even if you feel fine, see a doctor as soon as possible. Some injuries don’t show symptoms for days or weeks. A medical exam creates documentation linking your injuries to the accident.
Next, report the accident to your insurance company and the at-fault driver’s insurer. Be careful what you say. Provide basic facts but don’t admit fault or downplay your injuries. Insurance adjusters will use your statements against you.
Your attorney will then investigate the accident. This includes obtaining the police report, interviewing witnesses, photographing the scene, reviewing surveillance footage, and consulting with accident reconstruction experts if necessary.
Once your attorney has gathered evidence, they’ll submit a demand letter to the insurance company. This letter outlines your injuries, medical treatment, lost wages, and other damages. It explains why the driver is liable and demands compensation.
The insurance company will respond with an offer. In most cases, the first offer is far below what your case is worth. Your attorney will negotiate back and forth until you reach a fair settlement or decide to file a lawsuit.
If settlement negotiations fail, your attorney will file a lawsuit in Dallas County civil court. The discovery phase begins, during which both sides exchange evidence and take depositions. Mediation may be ordered to attempt settlement before trial.
If the case doesn’t settle during mediation, it proceeds to trial. A jury will hear evidence and decide whether the driver is liable and how much you should receive. The entire process from accident to trial typically takes 18 to 36 months, though some cases settle much faster.
Texas law gives you two years from the date of the accident to file a lawsuit under Texas Civil Practice and Remedies Code § 16.003. If you don’t file within this time frame, you lose your right to recover compensation. Don’t wait to contact an attorney.
Watch: What Never to Say After a Crash
Why Insurance Companies Fight Bicycle Accident Claims
Insurance companies are for-profit businesses. Their goal is to pay as little as possible on every claim. When you file a bicycle accident claim, you’re asking them to reduce their profit. They will fight back.
One common tactic is to blame the cyclist. Adjusters will claim you were riding recklessly, not paying attention, or violating traffic laws. They’ll point to the absence of a helmet or safety gear. They’ll argue you shouldn’t have been in the road at all.
Another tactic is to downplay your injuries. The insurance company may claim your injuries aren’t as serious as you say or that they existed before the accident. They’ll use gaps in your medical treatment against you, arguing that if you were really hurt, you would have seen a doctor more often.
Insurance companies also delay. They know that injured victims are under financial pressure. Medical bills pile up, you can’t work, and you need money now. They’ll drag out negotiations hoping you’ll accept a low settlement just to get something.
Some insurers make lowball offers immediately after the accident before you’ve had time to understand the full extent of your injuries. Once you accept and sign a release, you can’t go back and ask for more even if your injuries turn out to be worse than expected.
Having an experienced bicycle accident attorney protects you from these tactics. Your lawyer handles all communication with the insurance company, gathers evidence to prove fault and damages, and refuses to settle until you’ve reached maximum medical improvement and they’ve calculated the full value of your claim.
Schedule a Free Consultation
Let us handle the insurance company while you focus on recovery. Call (214) 903-4000 to speak with a Dallas bicycle accident lawyer today.
What to Expect From Varghese Summersett
Varghese Summersett handles personal injury cases differently than most firms. We don’t churn out cases looking for quick settlements. We treat every client as if their case will go to trial, and we prepare accordingly.
When you hire us, we immediately begin investigating your accident. We visit the crash scene, interview witnesses, obtain surveillance footage, and consult with accident reconstruction experts. We work with medical professionals to document your injuries and calculate your future needs.
We handle all communication with insurance companies. You won’t have to deal with adjusters calling you at all hours or pressuring you to settle. We protect you from making statements that could harm your case.
Our attorneys have decades of combined trial experience. We’ve recovered millions for injury victims across Texas. Insurance companies know our reputation, and they know we’re willing to go to trial when they refuse to make fair offers.
We work on a contingency fee basis. You pay no upfront costs and no attorney fees unless we win your case. If we don’t recover compensation for you, you owe us nothing.
With offices in Dallas, Fort Worth, Houston, and Southlake, we’re available to meet you at a location convenient for you. Our team includes over 70 legal professionals dedicated to fighting for injury victims.
Frequently Asked Questions
Do I need a lawyer for a bicycle accident claim?
You’re not legally required to hire a lawyer, but insurance companies take represented claimants more seriously. They know attorneys understand the value of claims and won’t settle for less. Studies show that injury victims who hire lawyers recover significantly more compensation than those who don’t, even after attorney fees. If your injuries are serious, medical bills are high, or liability is disputed, hiring a lawyer is essential.
How much does a bicycle accident lawyer cost?
Varghese Summersett works on a contingency fee basis. This means you pay no upfront costs and no attorney fees unless we win your case. If we recover compensation for you, we take a percentage of the settlement or verdict. If we don’t win, you owe us nothing. We also advance all case expenses, including expert witness fees and court costs. You don’t pay us back unless we recover compensation.
What if I wasn’t wearing a helmet?
Texas law does not require adult cyclists to wear helmets. The insurance company may argue your injuries would have been less severe if you’d worn one, but this doesn’t prevent you from recovering compensation. Your attorney will present evidence showing the driver caused the accident and is responsible for your injuries regardless of whether you wore a helmet. In many cases, helmet use wouldn’t have prevented the specific injuries you suffered.
Can I sue if the driver left the scene?
Yes. Hit-and-run accidents are criminal offenses, but you can still file a civil claim even if the driver isn’t caught. Your own uninsured motorist coverage may cover your damages. If the driver is later identified, you can pursue a claim against their insurance. Your attorney will work with police to investigate the crash and identify the at-fault driver if possible.
How long do I have to file a bicycle accident claim in Dallas?
Texas law gives you two years from the date of the accident to file a lawsuit under Texas Civil Practice and Remedies Code § 16.003. If you don’t file within this time frame, you lose your right to sue. However, you should contact an attorney as soon as possible after the accident. Evidence disappears, witnesses forget details, and insurance companies become harder to negotiate with as time passes. The sooner you hire a lawyer, the stronger your case will be.
Get the Compensation You Deserve
Bicycle accidents cause serious injuries and overwhelming financial pressure. You need a Dallas bicycle accident lawyer who will fight for every dollar you deserve. Varghese Summersett has recovered millions for injury victims across Texas. We know how insurance companies operate, and we know how to beat them.
Our Dallas bicycle accident attorneys offer free consultations with no obligation. Call (214) 903-4000 today to discuss your case. We’ll review what happened, explain your options, and answer your questions. If we take your case, you pay nothing unless we win.
Don’t let the insurance company take advantage of you. Call Varghese Summersett now.
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