DFW is home to the highest achieving Tour de France cyclist in history and has developed a reputable biking culture. We have a great road cycling hub at White Rock Lake, a number of gravel riding options by the Trinity River, and a host of awesome DORBA (Dallas Off-Road Bicycle Association) trails for mountain biking.
In Texas, cyclists are treated as if they are any other motorized vehicle. This means that riders and drivers alike are tasked with sharing the road. Unfortunately, some drivers don’t share the road and cause far too many car-to-bike collisions. The purpose of this article is to describe an overview of the bike claim process after a cyclist is wrongfully injured in a cycling wreck.
Avoiding crashes is always the best option. However, if you ever find yourself in a cycling crash, here is what the claims process looks like, and here’s what we can do to help you:
What You Should Do at the Scene of a Bicycle Wreck:
First, you should immediately contact the police so they can come and take statements and do a site inspection of the incident. If anyone is hurt, 911 can dispatch EMS to triage any acute damage before you seek further medical treatment. Getting the police involved helps ensure that there is a neutral third-party to document what happened in the crash. This helps protect you and can add impact to your statement.
Next, if you are able, take pictures of the scene and talk to potential witnesses. In the midst of chaos, it can be hard to remember all of the details of what led up to the accident and what the scene looked like in the moment. These witnesses and pictures fill in the gaps of what transpired and are often extremely helpful in the claims process. If you get hurt and want to file a claim for medical treatment you need to have as much evidence as possible to help you. Ask for names and phone numbers of anyone that may have seen all or part of the incident and take thorough pictures or videos of the scene. While gathering witness information ask if they can stand by and give a statement to the police. Be sure to ask the responding officer to note the identity of the witnesses in their report.
Finally, see a doctor as soon as possible. Depending on the severity, this could mean taking an ambulance to the hospital or simply going to your family physician or a walk-in urgent care. Bicycle crashes lead to both obvious injuries and ones that can remain invisible without a formal diagnosis. While helmet technology is constantly improving, cyclists often suffer concussions and other traumatic brain injuries from bike wrecks. When seeking medical attention be sure to tell your provider any issues you may be having - even if it seems small like a headache or your knee hurting a little when you walk. While they may not seem very severe to you at the moment, you want to make sure everything you are experiencing is documented. Getting medical treatment right away is crucial in detecting and treating these injuries.
What Happens After a Bike Crash:
This is where we’re able to help. We can investigate what happened, help get you to the right medical providers for your injuries, help start the bodily injury claim with the at-fault driver, assess your property damage (damage to your bike and gear), and make a claim against the at-fault party’s car insurance for all of your damages, including your property damage, medical bills, lost wages, and pain and suffering.
Even if you feel you were partially at fault for the crash, we may able to help you! Texas is a modified comparative fault state. What this means is that in situations where both sides share fault, you may still recover for your damages if you were less than 50% responsible for the crash.
The insurance company will assess the claim we make on your behalf and we will begin negotiations. If the insurance company offers a fair settlement, you may opt to accept that. However, if they do not, we can file a lawsuit on your behalf.
If you have been involved in a bicycle crash in Texas, you have nothing to lose in calling us at 214-699-4409 to discuss your potential claim.