Pearland Bicycle Accident Lawyer
In 2019, Houston Mayor Sylvester Turner issued the Vision Zero 2030 executive order. This order set a goal which now appears unreachable: the end of fatal bicycle accidents in Houston. Bikelash is common in Southeast Texas. Motor vehicle drivers often vigorously oppose designated bicycle lanes separated by concrete pillars and other traffic calming measures designed to protect bicyclists, like lower speed limits. As it turns out, these measures might do more harm than good anyway.
Unlike some lawmakers, Henrietta Ezeoke, an experienced Pearland bicycle accident lawyer, always takes a measured approach in these cases. Our team puts first things first. We quickly connect victims with doctors and make alternative transportation arrangements for our clients. Then, we diligently collect evidence which supports your claim and refutes insurance company defenses. Because we take care of your needs first and build such a strong foundation, we are well-positioned to fight for maximum compensation for your serious injuries.
Basic Issues in Bicycle Accident Claims
Driver error causes almost all car crashes in Texas. Legally, this error usually involves the ordinary negligence doctrine or the negligence per se rule. Basically, ordinary negligence is a lack of care. Most drivers have a duty of reasonable care under Texas law. They must avoid accidents when possible and always drive defensively. Negligence per se is essentially a violation of a safety law. Tortfeasors (negligent drivers) who break safety laws and cause bicycle wrecks could be responsible for damages as a matter of law.
These damages normally include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
To understand the difference between negligence per se and ordinary negligence, let’s look at substance-related wrecks. Alcohol and/or drug impairment causes about half of the fatal car crashes in Brazoria County.
If authorities charge the driver with DUI, the negligence per se rule usually applies. Authorities press these charges if the driver’s BAC level was above the legal limit, or if the driver had lost the normal use of his/her physical or mental faculties.
Most people are intoxicated after they consume three or four drinks or smoke one or two joints. But impairment begins with the first sip or puff. Evidence of impairment includes:
- Physical symptoms, like bloodshot eyes and unsteady balance,
- Erratic driving before the crash, and
- Tortfeasor’s statements about alcohol or drug use.
To obtain maximum compensation in an ordinary negligence case, a Pearland bicycle accident lawyer must establish negligence by a preponderance of the evidence, or more likely than not.
Special Issues in Bicycle Accident Claims
We mentioned concrete dividers above. These pillars give bicyclists more room. They also reduce driver visibility, a critical factor in these cases.
Assume Thelma is driving a car and Lousie is riding a bicycle. If Thelma turns right on green, she might not see Louise in the bicycle lane to her right, especially if a concrete pillar is between them.
Bicycle helmets, an even more common safety precaution, might be counterproductive as well. If Thelma sees that Louise is wearing a helmet, Thelma subconsciously believes that Louise could survive a wreck. Therefore, Thelma might take more chances behind the wheel. Additionally, the thin bicycle helmets that most riders wear offer little or no protection in a high-speed collision with another motor vehicle.
Count on a Dedicated Brazoria County Bicycle Accident Lawyer
Injury victims are entitled to substantial compensation. For a free consultation with an experienced bicycle accident lawyer in Pearland, contact the Henrietta Ezeoke Law Firm, PLLC. Attorneys can connect victims with doctors, even if they have no insurance or money.