Bicycle & Pedestrian Traffic Accidents in Texas
Bicyclists and pedestrians are among the most vulnerable people on the road. Every year, thousands of Americans are killed in bicycle-vehicle and pedestrian-vehicle accidents—most of which could have been avoided had the motorist not acted carelessly, recklessly, or wrongfully.
If you were injured, or if someone you love tragically passed away, as a result of a bicycle or pedestrian accident, our team is here to help. At Kelley Law Firm, we know that no amount of financial compensation can negate the devastating experience you have been through, but a fair settlement or verdict can provide the monetary resources you and your family need to heal. Our Dallas bicycle and pedestrian accident attorneys have a demonstrated track record of success, having secured more than half a billion dollars in compensation for our clients, and we are committed to representing the rights of people who face significant disadvantages when navigating the legal system.
Learn more by contacting us at (972) 853-5398 and scheduling a free, no-obligation consultation. We proudly serve communities throughout DeSoto, Cedar Hill, Lancaster, and beyond.
Filing a Bicycle Accident Claim
When bicyclists are hit by large, heavy, fast-moving vehicles, they are likely to sustain catastrophic injuries, leading to massive medical bills, weeks or months off work, and even permanent injury or impairment. By filing a personal injury claim, you can seek financial compensation for these and other losses, or “damages.”
To file a bicycle accident claim, you will typically need to prove the following:
- The defendant owed you a “duty of care,” meaning they had a legal responsibility to take or avoid certain actions to prevent causing foreseeable injury
- The defendant failed to uphold, or “breached,” the duty of care, typically through a negligent or wrongful act or omission
- You were injured and sustained measurable damages for which you can be compensated, such as medical bills, lost income, and pain and suffering
- The defendant’s negligent or wrongful conduct (i.e., the breach of the duty of care) was the direct or indirect cause of your injuries and resulting damages
- If you were partly at fault for the incident, your percentage of fault did not exceed that of the other party (i.e., 50% of the fault)
Our Dallas bicycle accident lawyers work with accident reconstructionists, medical providers, economists, and other specialists who provide expert testimony on behalf of our clients. We are meticulous when it comes to preparing cases for litigation and employ an aggressive approach to fighting for the full, fair compensation our clients are owed.
Texas law requires motorists to use all reasonable measures to avoid collisions with pedestrians. However, this does not mean that pedestrians always have the right of way. In fact, there are several instances in which pedestrians must yield to oncoming traffic on Texas roadways.
Texas pedestrian laws require you to yield to vehicles in the following situations:
- When coming upon an intersection with pedestrian signals or other traffic control devices in operation that are displaying yellow or red lights or “do not walk/wait” signals
- When attempting to cross or actually crossing a street or roadway outside of a marked or unmarked crosswalk at an intersection
- When crossing a roadway where designated pedestrian crossings, such as pedestrian tunnels or bridges, are present and available
- When suddenly leaving a curb, sidewalk, or similar place of safety and entering a roadway when oncoming vehicles cannot reasonably stop or yield
That being said, Texas motorists must always yield to pedestrians who are crossing in marked or unmarked crosswalks at intersections. Additionally, motorists should use extreme caution when driving near pedestrians who appear obviously impaired, confused, disorientated, lost, or intoxicated.
Pedestrians, meanwhile, should always use marked and unmarked crosswalks, as well as sidewalks when they are present and available. If there is no sidewalk, and a pedestrian must walk along a roadway, they should do so as far to the side of the road or on the shoulder as possible, facing oncoming traffic. Pedestrians are also prohibited from “jaywalking” in Texas. Jaywalking refers to crossing a roadway outside of a marked or unmarked crosswalk between two adjacent intersections where marked or unmarked crosswalks are present, and traffic control devices are in operation.
If a pedestrian is found to have violated state or municipal law, they may be found partly at fault for the accident. It’s important that you work with a skilled Dallas pedestrian accident lawyer, like ours at Kelley Law Firm, who can help protect your rights and fight for the maximum compensation you are owed.
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If you are involved in a bicycle or pedestrian accident in Texas, the first thing you should do is to seek immediate medical attention. Often, these accidents result in severe injuries requiring emergency medical care. However, even if you weren’t transported to the hospital, you should see a medical provider who can check your injuries and diagnose any underlying trauma you may have endured.
You should also report the incident to the police. Texas law requires you to report any accident that results in bodily injury or death to law enforcement right away.
In the days and weeks following the accident, you should also try to do the following:
- Preserve all evidence you have from the crash, such as pictures of the accident scene, witness statements, your damaged bike, or the clothing you were wearing
- Obtain copies of your medical records and the police report (if available), as well as the driver’s name, contact information, and insurance information
- Contact an experienced personal injury attorney who can assist you with your claim, especially if the insurance company disputes your injuries or denies your claim
- Avoid discussing the accident with anyone other than your attorney, and do not post about the crash online, including on social media platforms
Our attorneys have extensive experience handling bicycle and pedestrian accidents on behalf of clients throughout Texas. We are here to answer your questions and provide the guidance you need to navigate this extremely challenging time in your life.
We encourage you to reach out to our team today to discuss your potential case with one of our Dallas bicycle and pedestrian accident lawyers. In addition to handling complex personal injury claims on behalf of accident victims, we also represent families who have lost loved ones due to fatal bicycle, pedestrian, and motor vehicle accidents. Our firm can help you determine whether you have grounds to file a wrongful death lawsuit against a negligent motorist or another liable party.
Reach out to us online or by phone at (972) 853-5398 to schedule a complimentary consultation.