Hundreds of thousands of victims are required to go to the emergency room because of injuries arising out of bicycle accidents. Bicycle accidents are common, and unfortunately some drivers act carelessly, injure a bicyclist, and then flee the scene. After a hit and run bicycle accident, there may be options available to recover compensation for your losses. You should take steps to protect your rights. Bill Berenson is an experienced Fort Worth bicycle accident lawyer who can advocate for you if you have been injured in a hit and run.
Even minor bicycle accidents can result in catastrophic injuries. Injuries may include traumatic brain injuries, concussions, spinal cord injuries, road rash, torn ligaments, and fractured bones. Usually, in order to hold someone liable for an ordinary bicycle accident, an injury lawyer would need to prove that this person owed a duty of reasonable care, breached the duty of reasonable care, and caused the accident because of their unsafe actions.
However, after a hit and run bicycle accident, it may be harder to establish negligence because the driver has fled the scene. It is important to look at all of the factors that potentially contributed to the bicycle accident. Sometimes the bike itself is defective, or perhaps the helmet is defective. It might be possible to sue the bicycle manufacturer or the bicycle helmet manufacturer. It might be possible to hold accountable someone who owned and failed to maintain the road, or who designed the road negligently, such that bicyclists are put at unnecessary risk.
If the hit and run driver was at fault, but the driver has not been identified, it is not possible to hold the driver accountable. In that case, you can make a claim against your own personal injury protection (PIP) insurance to cover the cost of your medical expenses. This is a kind of insurance that you can and should add to your coverage in order to protect you in case of a car accident. PIP is considered no-fault insurance. Under Texas law, your insurer must offer you PIP coverage with any automobile liability insurance policy. You can reject it, but this is rarely a good idea.
PIP covers $2,500 in medical bills, but some insurers may be able to sell a policy holder more coverage. When it applies, PIP coverage covers not only a certain amount of medical bills but also 80% of an injured bicyclist’s lost income and reasonable replacement for household services. For example, if you suffered spinal cord damage in a hit and run bicycle accident, and you could no longer clean your house, you might be able to get PIP coverage to pay for it.
Sometimes insurers try to avoid paying even the medical coverage that is owed. They may try to argue that the treatment is not related to the accident. They can deny claims for many different reasons, such as an assertion that what a doctor charged was too high. They may reduce what they will pay by an amount that they say is reasonable, but this may not actually be reasonable. Even if you hold a policy from an insurer, you should not trust the insurer to cooperate with you and treat you fairly. Instead, you should get a knowledgeable attorney on your side to make sure that your rights are protected.
Bicycle accidents are often devastating. Unfortunately, sometimes a driver who is responsible for catastrophic injuries is able to flee the scene without facing any consequences. There are situations in which the police apprehend a hit and run driver, but if they are unable to do so, it may be possible to obtain compensation through a claim against your own insurance. Bill Berenson can provide strong legal representation in the context of a hit and run bicycle accident. He represents victims in Fort Worth, Dallas, Houston, Arlington, Addison, Irving, Richardson, San Antonio, Austin, Lubbock, Frisco, and other cities in Tarrant, Dallas, Harris, Bexar, Collin, Denton, Hood, Lubbock, Parker, and Travis Counties. Call us at 888-801-8585 or complete our online form.
Begin with a free case review
Collect all records and evidence regarding your case
The other party will either accept or reject the demand, or provide a counteroffer
If they refuse to pay what you deserve, we’ll go to court
Each party will compile and submit evidence to be used in the trial
Before trial, an informal proceeding will take place to see if both parties can come to an agreement
If a settlement cannot be reached, we will fight for you in trial
While we are proud to call Fort Worth home, we are also more than happy to help injured people living all throughout Texas. Whether it's a car accident on the interstate or a backcountry road, we have years of experience and will fight tirelessly until our clients get what they deserve!