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Advocating for Cyclists in Houston’s Westchase District
Cycling through Westchase offers a convenient way to commute or exercise, but the heavy traffic along Westheimer Road and the Sam Houston Tollway presents significant risks. When a motor vehicle strikes a cyclist, the resulting injuries are often life-altering. If you or a loved one has been hurt, a Houston Bicycle Accident Lawyer can help you understand your rights and pursue the compensation you deserve.
At Nguyen & Associates, we represent cyclists who have been injured due to the negligence of others. Whether you were commuting to work in the Westchase Business District or enjoying a ride near the local trails, our legal team is dedicated to holding reckless drivers accountable.
Common Causes of Bicycle Accidents in Westchase
Bicycle accidents in urban areas like Westchase often occur because drivers fail to share the road safely. Some of the most common causes of these collisions include:
- Distracted Driving: Drivers texting or looking at navigation screens instead of the road.
- Failure to Yield: Motorists failing to give cyclists the right-of-way at intersections or when turning.
- Dooring: Occupants of parked cars opening doors into the path of an oncoming cyclist.
- Speeding: High speeds in residential or business zones that reduce a driver’s reaction time.
- Unsafe Passing: Drivers following too closely or failing to provide the legally required space when overtaking a bike.
Serious Injuries Sustained in Bike Crashes
Because cyclists have little protection, even low-speed collisions can result in severe physical trauma, including traumatic brain injuries (TBI), spinal cord damage, broken bones, and extensive road rash. We focus on the legal recovery so you can focus on your physical recovery.
Steps to Take After a Bicycle Accident
- Seek Medical Attention: Your health is the priority. Even if you feel fine, some injuries like internal bleeding or concussions may not be immediately apparent.
- Report the Incident: Call the Houston Police Department to ensure an official accident report is filed.
- Gather Evidence: If possible, take photos of the scene, your bicycle, the vehicle involved, and your injuries. Collect contact information from witnesses.
- Avoid Admitting Fault: Do not apologize or admit blame at the scene, as this can be used against you later.
- Contact a Lawyer: Before speaking with insurance adjusters, consult with a Westchase bicycle accident lawyer to protect your interests.
Understanding Fault and Liability in Texas
Texas follows a “modified comparative negligence” rule. This means that as long as you are not more than 50% responsible for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. Insurance companies often try to shift blame onto the cyclist to avoid paying claims. We work to build a strong case that accurately reflects the driver’s negligence.
Damages You May Be Eligible to Recover
While every case is unique, cyclists injured by negligent drivers may be entitled to various forms of compensation, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Physical therapy and rehabilitation costs
- Pain and suffering
- Property damage for your bicycle and gear
The Legal Process and Timeline
The timeline of a personal injury claim varies depending on the complexity of the accident and the duration of your medical treatment. Generally, the process involves an initial investigation, filing a claim with the insurance company, and negotiating a settlement. If a fair agreement cannot be reached, we are prepared to take your case to court to fight for your rights. We handle the paperwork and communication with insurance companies so you don’t have to.
Frequently Asked Questions
Do I have a case if I wasn’t wearing a helmet?
Yes. While wearing a helmet is highly recommended for safety, Texas law does not generally bar you from recovering damages if you were not wearing one at the time of the accident. However, the defense may try to use it to argue comparative negligence regarding head injuries.
How much does it cost to hire a bicycle accident lawyer?
We work on a contingency fee basis. This means you pay nothing upfront, and we only collect a fee if we successfully recover compensation for you.
How long do I have to file a claim in Houston?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. It is critical to act quickly to preserve evidence and witness testimony.
Contact a Westchase Bicycle Accident Lawyer Today
If you have been injured in a cycling accident in the Westchase area, do not navigate the legal system alone. The team at Nguyen & Associates is here to provide the compassionate and effective representation you need. We offer a free consultation to discuss your case and help you understand your options.
Call us today at (713) 747-7777 or visit our contact page to schedule your free case evaluation. Let us fight for the justice you deserve.