Bicyclists in Texas are at risk of suffering serious injuries and death in traffic accidents. If you get hurt in a bike accident, you could be faced with significant medical bills, lost wages, and pain and suffering. Under Texas law, you may be able to recover financial compensation from the at-fault party for a variety of your losses or damages – helping you to move forward.
Who Pays for a Bicycle Accident in Texas?
In 2024, 78 bicyclists died and thousands were injured in Texas accidents. If another person caused or significantly contributed to your Texas bicycle accident, that person can be held responsible for their negligence or carelessness. In personal injury law, negligence means the failure to act with a proper amount of care, resulting in harm to others.
Under Texas’s fault-based insurance law, the party at fault for causing a traffic accident is held liable, or financially responsible, for the collision. This means that party must pay for the victim’s related bills and losses, typically through an automobile insurance policy.
Motorists in Texas are required to show proof of financial responsibility at all times, generally in the form of minimum amounts of automobile liability insurance. If you can prove that a driver caused your bicycle accident, his or her insurance can be used to pay for your losses.
Economic Damages
Texas law allows for the recovery of both economic and noneconomic damages in a bicycle accident claim. These are classified as “compensatory damages.” They are meant to compensate or pay a victim for losses so that the victim can be made whole.
Economic damages refer to the financial or monetary costs associated with a bike accident. This can include existing or current costs as well as future foreseeable or projected expenses related to long-term injuries or ongoing care.
Medical Bills
Medical coverage is the most common type of damage or compensation awarded in a Texas bike accident claim. If you suffered any type of injury in a bicycle accident, such as a concussion or head injury, spinal cord injury, or broken bone, you can potentially qualify for medical bill reimbursement.
The following can be covered:
- Hospital stays
- Emergency care
- Ambulance fees
- Surgeries
- Medical specialists
- X-rays and medical tests
- Prescription medications
- Rehabilitative therapies
- Medical devices
- Live-in care
You can prove these medical losses by keeping copies of your medical records, bills and health care receipts. It is important to estimate your future medical needs for a serious or catastrophic injury, as well, which may take assistance from an attorney or a life-care planning expert.
Lost Wages
Another common type of compensatory damage awarded is lost wages. This can refer to income you already lost due to having to take time off of work in the days or weeks following the accident for medical treatments and general recovery, as well as future lost wages and employment opportunities due to a long-term injury.
If your injuries will prevent you from returning to work at your full capacity (or at all) in the future, you could receive damages for future lost capacity to earn. However, you or your attorney will have to prove your level of disability and how it interferes with your earning capability. This may take testimony from medical experts.
Property Damage
The at-fault driver or party can be responsible for paying the price of your property repairs after a bicycle accident. This can include compensation to repair bicycle damage or replace a totaled bicycle that cannot be repaired. It can also include compensation for damaged personal belongings, such as your cellphone, smartwatch or helmet.
Out-of-Pocket Costs
Economic damages in a bike accident case in Texas can refer to any monetary losses you suffered (and will continue to accumulate) because of the collision. Be sure to include out-of-pocket costs that are not listed above on your claim, such as travel, transportation, disability accommodations, home or vehicle modifications, and legal fees.
Noneconomic Damages
Noneconomic damages are also referred to as “pain and suffering.” This damage category can pay for the intangible impacts of the bicycle accident on the victim’s health, well-being, daily life and future. Examples include:
- Physical pain or chronic pain
- Emotional distress or turmoil
- Mental anguish
- Psychological harm or trauma
- Post-traumatic stress disorder
- Depression or anxiety
- Inconvenience
- Loss of quality or enjoyment of life
- Loss of consortium
Since noneconomic damages are not monetary, they cannot be proven with bills and receipts. Instead, they must be demonstrated with evidence such as an injury journal, counseling or mental health diagnosis from professional therapists and psychiatrists, and testimony from witnesses. The value of a noneconomic damage award will depend on the severity of the victim’s injuries and the crash itself.
Punitive Damages
Punitive damages, unlike compensatory damages, are designed to penalize or punish a defendant for egregious acts of wrongdoing. They are sometimes awarded in bicycle accident cases where a defendant’s actions are especially negligent or reckless, such as in a drunk driving accident case. Punitive damages serve to discourage the defendant and others in the community from engaging in similar wrongful acts in the future.
Insurance Claim vs. Bicycle Accident Lawsuit
Most bicycle accident cases in Texas are resolved with settlements, or private agreements between an insurance provider and a client. You may recover financially from the at-fault party’s insurance provider or your own insurance company, such as your health insurance policy.
However, insurance companies are often hesitant to offer large – or even fair – settlements. They always put their own bottom lines first. If you suffered a significant injury or the insurer is not handling your claim fairly, you may benefit from filing a lawsuit against the at-fault party. A lawsuit may lead to a judgment award that exceeds the limits on the insurance policy.
Tips for Improving Your Case Results
Do not accept the first settlement that is offered to you during a bicycle accident claim in Texas. It may be much less than the true value of the case. Do not admit any fault for the crash to an insurance adjuster. If you are asked to give a recorded statement, politely decline and explain that you wish to speak to an attorney first.
Contact an experienced bicycle accident lawyer in Texas for advice and potential legal representation. If a lawyer offers to represent you, he or she can take over settlement negotiations to pursue maximum compensation on your behalf. A lawyer will work hard to help make you whole again after a harmful bike accident.
