Category Archives: Bicycle Accidents

Common Injuries in Bicycle Accidents

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bicycle-accidentBicyclists have almost nothing but a helmet to shield them from injury if they are involved in a collision with a motor vehicle. Even a helmet can only provide limited protection from head injuries in the event of a particularly severe accident. Also, bicyclists are often thrown off of their bikes or flipped over the handlebars, and the impact with the ground or other objects causes additional injuries.

Some examples of injuries that bicycle accident victims commonly sustain include:

·       Fractured face or jaw

·       Dental damage

·       Traumatic brain injuries1

·       Broken bones

·       Back and neck injuries

·       Fractured skull

·       Crushed limbs

·       Spinal cord damage2

·       Internal bleeding

·       Internal organ damage

All of these injuries can cause extensive losses and can have long-lasting or even permanent effects on a victim’s life. For example, if the bones in a crushed limb cannot be repaired, the limb may have to be amputated. Additionally, a spinal cord injury can result in long-term partial or complete paralysis below the location of the injury. These types of injuries require costly medical equipment, rehabilitative therapy to learn to use the equipment, and home health care for patients.

Many bicycle accident victims are unable to return to work or school and, therefore, their earning capabilities are severely inhibited. Some are never able to return to their previous activities or even live independently again. This limitations may then cause severe mental and emotional issues, such as depression or post-traumatic stress disorder, in addition to the physical injuries they are dealing with. Overall, many bicycle accident victims suffer injuries that stay with them for a long time.

Contact an experienced bicycle accident attorney in Dallas for a free consultation

Negligent motorists and other parties who cause serious injuries to bicyclists should be held accountable for their actions. At the Dallas law office of Clements & Clements, our skilled bicycle accident lawyers believe that every injured victim should receive the full and just amount of recovery that will sufficiently cover their losses for medical bills, lost wages, pain, suffering, distress, and more. Please call for a free, confidential consultation at 214-827-1122 to learn how we can help you today.

References:

1http://www.cdc.gov/TraumaticBrainInjury/
2http://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/basics/definition/con-20023837

Can a Property Owner Be Held Liable for a Bicycle Accident?

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bicycle-accident-private-property-dallasThe Centers for Disease Control and Prevention (CDC) indicates1 that there were approximately 515,000 bicycle-related injuries treated in American emergency departments during 2012. When these accidents are the result of someone else’s negligence2, victims are often legally entitled to receive compensation for their injuries and other losses. Consequently, anyone who has been injured in a bicycle accident should discuss his or her case with an attorney as soon as possible.

Premises liability law and bicycle accidents

In many cases, bicycle accidents happen on private property that does not belong to the cyclist. Examples of when this may occur when visiting friends or family, taking advantage of privately-owned cycling areas, doing errands, or shopping for various consumer goods. Under general premises liability law principles, property owners owe visitors a duty to ensure that their property is free from any unreasonably dangerous condition. The level of care that a property owner is legally obligated to exercise depends on the nature of the relationship of between the property owner and the visitor. For example, a property owner owes a person who has been invited onto the property for a business purpose a higher duty of care than invited social guests. Some of the types of conditions that may cause a bicycle accident and have to potential to result in legal liability include:

  • Cracked pavement
  • Potholes
  • Hidden utility fixtures
  • Accumulations of ice
  • Liquid spills
  • Overgrown foliage
  • Open ditches
  • Construction
  • Unmarked and exposed cables
  • Inadequate lighting

After a bicycle accident, victims should be certain to seek medical attention. Not only will seeing a doctor ensure that your injuries are properly treated, it will also result in the generation of an official record linking your injuries to the accident. This record could help establish both causation and damages in the event that your case becomes contested.

Contact a Dallas bicycle accident attorney today to schedule a free consultation

Bicycle accident victims who suspect that their accident was the result of a hazardous condition on someone else’s property should discuss their accident with a lawyer as soon as possible. In many cases, victims can recover compensation for the medical expenses and lost income, as well as other losses they may have sustained as a result of their accident. To schedule a free consultation with one of our Dallas bicycle accident lawyers, call Clements & Clements today at (800) 750-1126.

References:

1 http://www.cdc.gov/HomeandRecreationalSafety/Bicycle/
2 https://www.law.cornell.edu/wex/negligence

Tire Defects Can Cause Serious Accidents

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Tire Defects Cause Auto Accidents Dallas TexasAccording to the National Highway Traffic Safety Administration1 (NHTSA), tire failure is responsible for approximately 11,000 accidents each year. When tires fail, serious accidents and severe injuries can occur as a result. Often, victims of accidents caused by tire failure can recover for their injuries and other losses by filing a personal injury claim against the tire or vehicle manufacturer or retailer. Because these kinds of claims can be highly contested, it is important for anyone injured in an accident that they suspect was caused by a defective tire to discuss their options with an experienced Dallas motor vehicle accident attorney as soon as possible.

Texas Product liability law

Texas products liability law2 allows people who are injured in accidents caused by a defective product to bring a lawsuit against the manufacturer or seller of the product at issue. Generally, products liability claims fall into one of three categories:

  • Defective design – These claims allege that a product is unreasonably dangerous due to some flaw in its design. These types of flaws generally affect all instances of a given product.
  • Defective manufacture – Defective manufacture claims arise when a product is unreasonably dangerous due to some issue with the way it was manufactured. Examples of manufacturing defects include the use of substandard materials or shoddy workmanship.
  • Defective marketing or failure to warn – These kinds of claims allege that a consumer product posed some non-obvious danger that could have been mitigated by warning the consumer about the danger.

In the context of vehicle tires, these types of defects can take many forms. Some of the more common kinds of tire issues that can lead to motor vehicle accidents include the following:

  • Tire tread and belt separations
  • Bead failures
  • Sidewall failures
  • Faulty tire stems
  • Faulty retreading

When tires fail, drivers often lose control of their vehicles, which can make for an extremely dangerous situation. After an accident, it is important that victims have an experienced attorney review the facts of their case to determine whether their accident was caused by a defective tire.

Contact a Dallas motor vehicle accident attorney today to schedule a free consultation

Anyone who has been injured in an accident that they suspect was caused by a defective tire should contact an attorney immediately. To schedule a free consultation with one of our lawyers, call Clements & Clements today at (800) 750-1126.

References:

1http://www.nhtsa.gov/About+NHTSA/Press+Releases/SAFETY+ADVISORY:+NHTSA+Urges+Drivers+to+Check+Tires+During+Hot+Weather

2 http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.82.htm

How Can a Dallas Personal Injury Attorney Help After a Bicycle Accident

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Bicycle Accident & Personal Attorney in DallasThe National Highway Traffic Safety Administration (NHTSA) reports1 that there were nearly 50,000 bicyclists injured in motor vehicle traffic accidents in 2012. Bicyclists who are struck by cars can often sustain serious injuries that can leave them with tens of thousands of dollars in medical expenses and the inability to work for an extended period of time. In addition, victims of bicycle accidents2 can also experience severe physical and mental pain and suffering. Texas tort law exists to help compensate people for these types of losses, and in many cases bicycle accident victims can recover significant compensation after an incident occurs.

In many cases, the assistance of an attorney can have a significant impact in the amount of recovery a bicycle accident victim is able to obtain. There are several ways that an attorney can help people injured in negligently caused bicycle accidents recover for their economic and noneconomic losses. Some of the most common are outlined below.

Represent you with any insurance companies that may be involved – Insurance companies are in the business of making money, and adjusters are trained to minimize the amount that they pay out, even on perfectly valid claims. Often, an insurance company will make an unreasonably low settlement offer to an unrepresented victim in hopes that they will accept the offer in exchange for giving up their right to sue. A Dallas bicycle accident lawyer can represent you in any negotiations that you have with a driver’s insurance company in order to make sure you receive the full value of your claim.

Uncover any evidence of driver negligence that may exist – In some bicycle accident cases, liability may be obvious. In others, however, establishing negligence may require significant investigation. An experienced Dallas bicycle accident attorney will conduct a thorough investigation of your accident in order to determine whether your accident was the result of driver negligence. The types of evidence an attorney may gather include cell phone records, car maintenance records, witness statements, and video camera footage, should any exist.

Represent you at trial – While many personal injury cases are settled without ever going to court, in certain cases a trial becomes necessary in order to recover for you losses. A personal injury trial can be very complicated, and it is best for anyone who wishes to sue to do so through an experienced lawyer.

Contact a Dallas personal injury lawyer today to schedule a free consultation

The attorneys of Clements & Clements have been protecting the rights of people injured in preventable accidents since for 25 years. To schedule a free consultation with one of our lawyers, call our office today at (800) 750-1126.

1 http://www-nrd.nhtsa.dot.gov/Pubs/812018.pdf
2 http://www.cdc.gov/HomeandRecreationalSafety/Bicycle/

What if my Child is Injured While Riding a Bicycle?

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As fall approaches, it means that children have returned to school. Many children ride their bicycles to and from school every day, as well as riding them for recreation with their friends. While riding a bicycle is a great way to have fun and stay active, bicycles do bring risks of injuries, especially if your child is riding in or near a street.

According to the Centers for Disease Control and Prevention (CDC), bicyclists have higher risk of injuries in accidents than motorists in cars or SUVs. This is clearly due to the relative lack of protection a bicyclist has from an automobile in the event of a collision. The CDC reports that, in 2010, approximately 515,000 people visited emergency departments in the child bicycle injuryU.S. due to injuries from bicycling. Children and young adults had the highest risk of injury, making up 60 percent of those E.R. visits. Therefore, every time your child leaves your property on a bicycle, they are at risk of injury.

If an accident is caused by the negligence of another party, your child deserves to be compensated by the responsible party. An experienced bicycle accident attorney at the Dallas, Texas office of Clements & Clements can help make sure your child fully recovers financially, so please call our office at (800) 750-1126 to schedule a free consultation.

Lawsuits Involving Minors

When a minor is injured, the legal process of recovering is different than if an adult had suffered the injury. This is because minors cannot file a claim on their own and cannot agree to a settlement since they are not legally allowed to sign contracts. In cases of a child’s personal injury, parents have several options.

First, a parent or guardian can bring a claim on the minor’s behalf. Parents should always consider the child’s wishes and the potentially stressful effects litigation may have on the child when deciding whether to file suit. Parents should weigh these potential stresses with the financial well-being of the child.

Additionally, parents may delay the lawsuit until the child has reached age 18. Generally, people have two years in Texas to file a personal injury claim but, if the victim is a minor, the statute of limitations in Texas does not begin until the victim turns 18. However, waiting until a child is age 18 creates evidence issues if the case was to go to trial. Most decisions on resolving minor claims depend on the extent of the child’s injuries and how this affects the child’s well-being, and an experienced bicycle accident lawyer can advise parents on the best course of action if their child is injured.

Clements & Clements
731 N. Paulus Avenue
Dallas, TX 75214