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.
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.
