Bike accidents are on the rise. If your loved one died in a bike accident because of a negligent vehicle driver, you might be able to recover damages in a wrongful death claim.
Common Types of Bike Accidents
Bicyclists are particularly vulnerable to injury because they have no protection other than a helmet. When they are hit by vehicles, injuries tend to be severe—or even fatal. Some of the more common types of bicycle accidents include:
- The driver of a stopped or parked car suddenly opens the door and a passing bicyclist rides into it.
- A car or truck passes a bicyclist very close, sometimes even hitting the bike, and the rider falls off.
- There is an intersection crash when a driver and a bicyclist approach at the same time, but the driver doesn’t see the rider and they collide.
- A car driving down the road fails to notice a bicycle to the left or right of their vehicle, then turns in front of the cyclist and causes a collision.
- Drivers who are not paying attention to their surroundings due to cellphones or other distractions can hit a bike.
- Drivers with road rage often behave aggressively if they don’t like having to share the road with bicyclists, which can lead to accidents.
- Bicyclists can hit a pothole, which can cause them to lose control of their bike and send them into the path of oncoming traffic. Losing control of their bike can also cause the cyclist to fall and suffer a fatal head injury.
People Who Can File a Wrongful Death Claim
In Texas, those eligible to file and benefit from a wrongful death lawsuit include the surviving spouse, children, or parents of the deceased. Adoptive parents can also file wrongful death for the loss of an adoptive child—and vice versa.
The executor of the deceased person’s estate can file if there is no family or if the family has no desire to file the suit.
Potential Damages You May Be Able to Recover in a Wrongful Death Suit
The damages you can recover in a wrongful death case will depend on the accident itself and your relationship to the deceased. Most lawsuits seek both economic damages and non-economic damages.
- Economic damages include medical expenses, funeral expenses, loss of income, loss of household or family services your loved one provided (such as child care), loss of inheritance, and costs of needed therapy to help you cope with your loss.
- Non-economic damages include loss of companionship and loss of care and guidance.
No amount of damages can bring your loved one back, but a wrongful death claim can provide you with enough money to ease your financial worries while you grieve and try to pick up the pieces of your life.
Why You Need a Texas Bike Accident Attorney
Losing a loved one because a negligent driver hit them while they were on their bike can be one of the most challenging experiences you will ever have, but you do not have to deal with it alone. An attorney can help you with your case by:
- Interviewing eyewitnesses
- Finding experts who can testify on behalf of your case
- Dealing with the at-fault driver and their insurance company
- Gathering evidence to strengthen your case
- Negotiating a fair settlement
Keep in mind that under Texas law, you have only two years to file a wrongful death lawsuit. Working with an attorney can help ensure you do not miss important deadlines.
You will not need to pay for an attorney upfront. At The Button Law Firm, we take cases on a contingency basis. Give us a call today and let us go over the details of your case.