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Bicycle and Pedestrian Accident

Grimes & Fertitta > Personal Injury > Bicycle and Pedestrian Accident

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Houston Bicycle and Pedestrian Accident Lawyer

If you or a loved one have been injured or killed in bicycle or pedestrian accident, know that you have rights, rights the Houston pedestrian and bicycle accident lawyers at Grimes & Fertitta will help you protect. Each and every time we hit the road, we are obligated to abide by the laws of our state and to respect the safety of others on the road — whether we’re in a car or not.

Without steel frames and airbags to shield them, pedestrians and bicyclists are incredibly vulnerable to severe or even fatal injuries when struck by a car. Because of these vulnerabilities, motorists should take special precautions to ensure the safety of those on foot or on bicycles.

When they don’t, they can be held financially or even criminally liable for the damages they inflict. That’s where the importance of hiring a trusted Houston pedestrian and bicycle accident lawyer becomes crucial.

Individuals injured in a pedestrian or bicycle accident shouldn’t have to fight alone for the compensation they need to heal. We’re here to help. Contact Grimes & Fertitta at 713-224-7644 or contact us online to request a free consultation.

Multi-Million Dollar Advocates Forum

Protecting your rights after a bicycle accident

People who have been injured in a bike accident often come to Houston pedestrian and bicycle lawyers with a long list of questions. The question at the top of the list is often, “Can you sue if you get hit by a car on a bike?”

The answer is a resounding yes. Yes, you can sue if you get hit by a car on a bike, but only if the car driver is at fault for the accident.

Drivers can be deemed at fault in bicycle accident* cases if they are found guilty of:

  • Not sharing the road: As a bicyclist, you’re supposed to ride in established bike lanes or on the shoulder. Similarly, drivers are supposed to yield that space to cyclists. Failure to do so can be considered an act of negligence, placing the driver at fault and opening them up to a potential lawsuit.
  • Not obeying traffic laws: Both cyclists and motorists are required to follow posted traffic laws while on the road. If a driver runs a stop sign, traffic light, performs an illegal u-turn, or fails to stay in their established lane, they may be deemed at fault (and therefore liable) for the ensuing accident.
  • Driving distracted: Many cities, including Houston, have ordinances against texting while driving or engaging in other actions that take your eyes off the road. This holds true in every situation: car accidents, motorcycle accidents and truck accidents. If you were struck by a driver who was texting or not looking at the road, the driver can be held liable for your damages. However, your lawyer and the police must work to obtain the necessary evidence to prove the driver was distracted by their phone absent an admission of guilt.
  • Driving while intoxicated: Driving intoxicated (with a BAC over .08%) or under the influence of drugs is illegal, period. As such, if a driver strikes a cyclist while intoxicated, they can be held liable for any ensuing damages, so long as an illegal act committed by the cyclist isn’t found to have been the primary cause of the accident. (Learn more about drunk driving accidents.)

*Note: Cyclists can be deemed at fault for an accident for the same reasons a motorist can.

I would highly recommend Grimes & Fertitta if you're needing an attorney. I have used them twice, both were when I was involved in car accidents involving large commercial vehicles. Richard always made us feel that we were his only client, he was always responsive and took the time to make sure we understood everything. He was very professional and personable in every conversation. He fought hard for us and never steered us in the wrong direction.

Jason S. | Personal Injury Client

How much compensation will I get for a bike accident?

The next question on our clients’ list is often, “How much compensation will I get for a bike accident?” First, compensation is determined by the extent of your damages and varies from case to case. Second, compensation may depend on the quality of personal injury lawyer you retain. Depending on the nature or severity of your accident, you may be able to sue for compensation on several types of damages, including:

  • Medical benefits
  • Income replacement
  • Death benefits
  • Disfigurement or disability
  • Emotional distress
  • Pain and suffering

Protecting your rights as a pedestrian

Because pedestrians are particularly vulnerable to injury when walking alongside cars, they have certain rights to protect them in the event of injury. Generally speaking, a pedestrian can sue if hit by a car, especially if they had the right of way at the time of the accident.

In certain circumstances, Texas pedestrians have what is known as “right of way,” meaning that they are legally protected to cross the road under certain conditions, including:

  • At a crosswalk: Motorists are required to yield right of way to pedestrians at both marked and unmarked crosswalks. However, if a crosswalk features a traffic signal, pedestrians must wait until the walk sign is turned on to begin crossing the street. Otherwise, they may be deemed at fault for the collision.
  • At a red light: Despite Texas’ right on a red rule, motorists must yield to pedestrians crossing before they can turn.
  • Uncontrolled intersections: When traffic control signals are not present, motorists must still slow down if a pedestrian is near or attempting to cross.
  • Parking lots: Generally speaking, pedestrians have the right of way throughout a parking lot. Additionally, most large parking lots have designated crossing areas and sidewalks for pedestrians to walk in.

Regardless of how you were hit, a Houston pedestrian accident attorney can help you review the circumstances of your case, collect evidence, and determine the damages you may be able to win in a lawsuit.

Work with a compassionate Houston pedestrian and bicycle accident lawyer at Grimes & Fertitta

If you have been injured as a pedestrian or while biking, you need an attorney who will treat you like more than just a case number. At Grimes & Fertitta in Houston and The Woodlands, we fight for the compensation you deserve.

To arrange a free consultation, call 713-224-7644 or contact us online to get in touch with one our attorneys.

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