The What and How of Seeking Compensation for Distracted Driving Accidents in DFW in 2024

Monday, January 15, 2024

In today’s fast-paced world, distracted driving is a prevalent issue that can lead to devastating accidents. As technology continues to advance, so does the potential for driver distractions. If you’ve been involved in a distracted driving accident in the Dallas-Fort Worth area in 2024, seeking compensation is your right.

When it comes to navigating the legal process and seeking the compensation you deserve, understanding the “what” and “how” is essential. From gathering evidence to negotiating with insurance companies, this article explores the key steps you need to take to seek compensation for a distracted driving accident in DFW in 2024.

We understand that the aftermath of an accident can be overwhelming, and that’s why we’ve compiled this guide to provide you with the information you need to protect your rights. Whether you were a pedestrian, cyclist, or another driver involved in the accident, knowing the necessary legal procedures can make a significant difference in your case’s outcome.

Don’t let a distracted driving accident turn your life upside down. Read on to learn the ins and outs of seeking compensation and find the justice you deserve.

Understanding the concept of seeking compensation for accidents

When it comes to seeking compensation for a distracted driving accident, it’s important to understand the concept and how it applies to your specific case. Seeking compensation means pursuing financial reimbursement for the damages and losses you have suffered as a result of the accident. This can include medical expenses, property damage, lost wages, pain and suffering, and more.

To seek compensation, you will need to establish that the other party involved in the accident was negligent and that their negligence directly caused the accident and your injuries. Negligence refers to a failure to exercise reasonable care while driving, such as using a cellphone, eating, or engaging in any other activity that diverts attention from the road.

Types of distracted driving accidents in DFW

Distracted driving accidents can take various forms depending on the nature of the distraction. In the Dallas-Fort Worth area, some common types of distracted driving accidents include:

1. Cellphone use: This includes talking, texting, or using any smartphone applications while driving.

2. Eating or drinking: Taking your hands off the wheel to eat, drink, or reach for food can lead to accidents.

3. Grooming: Applying makeup, fixing hair, or any other form of grooming while driving can be dangerous.

4. Navigation systems: Adjusting GPS devices or using other navigation systems can cause distractions.

5. Talking to passengers: Engaging in conversations with passengers that divert your attention from the road.

6. Daydreaming: Allowing your mind to wander and lose focus on driving can lead to accidents.

The role of negligence in distracted driving accidents

To seek compensation for a distracted driving accident, you need to establish that the other party was negligent. Negligence in a distracted driving accident means that the other driver failed to exercise reasonable care, resulting in the accident and your injuries.

To prove negligence, you will need to demonstrate the following elements:

1. Duty of care: The other driver had a legal duty to operate their vehicle safely and without distractions.

2. Breach of duty: The other driver breached their duty of care by engaging in distracting behavior while driving.

3. Causation: The distracted driving directly caused the accident and your injuries.

4. Damages: You suffered actual damages as a result of the accident, such as medical expenses or lost wages.

Steps to take immediately after a distracted driving accident

After a distracted driving accident, taking the right steps can significantly impact your ability to seek compensation. Here are the key steps you should take immediately following the accident:

1. Seek medical attention: Your health and well-being should be the top priority. Seek medical attention even if you don’t have visible injuries, as some injuries may not be immediately apparent.

2. Contact the authorities: Call the police to report the accident and ensure that an official report is filed. This report will be crucial when seeking compensation.

3. Gather information: Collect the contact information of the other driver involved, as well as any witnesses. Take photos of the accident scene, the vehicles involved, and any visible injuries.

4. Notify your insurance company: Contact your insurance company to report the accident and provide them with all the necessary information. However, avoid giving a detailed statement until you have consulted with an attorney.

5. Consult with a personal injury attorney: It’s essential to seek legal advice from a personal injury attorney who specializes in distracted driving accidents. They can guide you through the legal process and protect your rights.

Gathering evidence to support your compensation claim

To strengthen your compensation claim, gathering sufficient evidence is crucial. This evidence will help establish the other party’s negligence and the extent of your damages. Here are some key types of evidence you should collect:

1. Accident scene evidence: This includes photographs of the accident scene, skid marks, traffic signs, and any other relevant physical evidence.

2. Witness statements: Obtain statements from any witnesses who saw the accident occur. Their testimonies can support your version of events.

3. Medical records: Keep a record of all medical treatment and related expenses. This includes hospital bills, doctor’s reports, diagnostic tests, and receipts for medications.

4. Lost wages documentation: If your injuries caused you to miss work, gather documentation from your employer that shows your lost income.

5. Expert opinions: In complex cases, it may be necessary to consult with experts such as accident reconstruction specialists or medical professionals to provide their opinions on the accident and your injuries.

Calculating the damages in a distracted driving accident case

When seeking compensation, it’s important to understand the different types of damages you may be entitled to. Damages can be divided into two categories: economic and non-economic.

Economic damages are tangible losses that can be easily calculated, such as medical expenses, property damage, and lost wages. Non-economic damages, on the other hand, are subjective and more challenging to quantify. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

To calculate economic damages, gather all relevant documentation such as medical bills, receipts, and pay stubs. Non-economic damages are often calculated using a multiplier based on the severity of your injuries and the impact they have had on your life.

The legal process of seeking compensation in DFW

The legal process of seeking compensation for a distracted driving accident in DFW can be complex. It typically involves the following steps:

1. Filing a claim: Your personal injury attorney will help you file a claim with the at-fault driver’s insurance company. This claim should outline the damages you are seeking and provide supporting evidence.

2. Negotiation: The insurance company may offer a settlement to resolve the claim. Your attorney will negotiate on your behalf to ensure you receive fair compensation for your injuries.

3. Litigation: If a fair settlement cannot be reached, your attorney may advise filing a lawsuit. This involves initiating legal proceedings and presenting your case in court.

4. Trial and verdict: During the trial, both sides will present their arguments and evidence. The jury or judge will then determine the verdict and any compensation awarded.

Hiring a personal injury attorney for your case

Navigating the legal process of seeking compensation for a distracted driving accident can be challenging, especially when dealing with insurance companies and complex legal procedures. Hiring a personal injury attorney with experience in distracted driving accidents can significantly improve your chances of success.

A knowledgeable attorney will handle all aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court, if necessary. They will ensure that your rights are protected, and you receive the compensation you deserve for your injuries and losses.


Don’t let a distracted driving accident turn your life upside down. Seeking compensation for a distracted driving accident in the Dallas-Fort Worth area in 2024 is your right. Understanding the necessary legal procedures and taking the appropriate steps can make a significant difference in your case’s outcome.

Remember to gather evidence, consult with a personal injury attorney, and seek medical attention immediately after an accident. With the right support and guidance, you can navigate the legal process and seek the compensation you deserve. Let justice prevail, and ensure that distracted drivers are held accountable for their actions.

Posted by Aaron Herbert at 9:24 am

Protecting Your Rights: Why an Experienced Attorney is Essential in Amputation Cases

Friday, October 6, 2023
Amputation Cases

When it comes to amputation cases, protecting your rights is essential. Navigating the legal complexities of these cases requires the expertise of an experienced attorney who specializes in personal injury law. Whether you have suffered a traumatic injury resulting in an amputation or you are advocating for a loved one, having a skilled legal professional in your corner can make all the difference.

An amputation is a life-altering event that can result in significant physical, emotional, and financial challenges. From medical expenses and rehabilitation costs to lost wages and long-term care, the impact can be overwhelming. However, with the help of an experienced attorney, you can ensure that your rights are protected and seek the compensation you deserve.

An attorney who specializes in amputation cases has a deep understanding of the relevant laws and regulations, as well as the intricacies of the medical field. They will work tirelessly to gather evidence, consult with medical experts, and build a strong case on your behalf. Their goal is to secure a fair settlement or win a favorable verdict that provides the financial support you need for a brighter future.

Don’t face the legal battle alone. Consult with an experienced attorney who will fight for your rights and help you navigate the complex process of an amputation case.

Understanding amputation cases

Amputation cases involve the loss of a limb, either partially or completely, due to a traumatic injury or a medical condition. These cases can arise from various circumstances, including car accidents, workplace accidents, medical malpractice, and defective products. The physical, emotional, and financial impact of amputation can be devastating, making it crucial to seek legal assistance to protect your rights.

Amputations can result in a wide range of challenges, including the need for extensive medical treatment, rehabilitation, and long-term care. Additionally, individuals who have undergone amputations often face significant emotional and psychological hurdles as they adjust to their new reality. An experienced attorney can provide the support and guidance needed to navigate these challenges and ensure that your rights are protected throughout the legal process.

The importance of legal representation in amputation cases

When facing an amputation case, having an experienced attorney by your side is crucial. These complex legal proceedings require a deep understanding of the relevant laws and regulations, as well as the intricacies of the medical field. A skilled attorney will have the knowledge and resources to build a strong case on your behalf, maximizing your chances of obtaining fair compensation.

One of the primary reasons for seeking legal representation in amputation cases is to ensure that your rights are protected and upheld. An attorney will advocate for you, fighting against insurance companies and opposing legal teams to secure a favorable outcome. They will work tirelessly to gather evidence, consult with medical experts, and build a comprehensive case that highlights the impact of the amputation on your life.

Common causes of amputations and legal implications

Amputations can occur as a result of various causes, each with its own legal implications. Car accidents, for example, are a common cause of traumatic amputations. In these cases, an attorney can help determine liability and pursue compensation from the responsible party. Workplace accidents, on the other hand, may involve workers’ compensation claims and potential negligence lawsuits against employers or third parties.

Medical malpractice can also lead to amputations, particularly in cases where delayed diagnosis, surgical errors, or infections occur. In such instances, an attorney specializing in medical malpractice can investigate the circumstances surrounding the amputation and hold the responsible healthcare professionals accountable.

Defective products, such as faulty machinery or dangerous prescription drugs, can also result in amputations. In these cases, a product liability claim may be filed against the manufacturer or distributor. An experienced attorney will navigate the complexities of these cases, ensuring that all potential avenues for compensation are explored.

The role of an experienced attorney in amputation cases

An experienced attorney specializing in amputation cases plays a crucial role in helping you navigate the legal process and seek the compensation you deserve. They bring a wealth of knowledge and expertise to the table, leveraging their understanding of personal injury law, medical terminology, and the intricacies of amputation cases.

One of the primary responsibilities of an attorney in an amputation case is to gather evidence. This includes reviewing medical records, consulting with medical experts, interviewing witnesses, and reconstructing the events that led to the amputation. By meticulously collecting and analyzing evidence, an attorney can build a strong case that establishes the liability of the responsible party.

Additionally, an attorney will handle all communication and negotiations with insurance companies on your behalf. Insurance companies often try to minimize payouts or deny claims altogether, making it crucial to have a skilled negotiator on your side. An attorney will fight for your rights and ensure that you receive the compensation you need to cover medical expenses, rehabilitation costs, lost wages, and other damages resulting from the amputation.

Gathering evidence and building a strong case

In amputation cases, evidence plays a crucial role in determining liability and securing fair compensation. An experienced attorney will leave no stone unturned when it comes to gathering evidence to support your case. They will review medical records, consult with medical experts, and interview witnesses to establish a clear timeline of events and demonstrate the impact of the amputation on your life.

Medical experts play a crucial role in amputation cases, as they can provide insights into the cause of the amputation, the extent of the injuries, and the long-term consequences. An attorney will work closely with these experts to ensure that their opinions are accurately represented in your case. Their testimony can be instrumental in establishing the negligence or wrongdoing of the responsible party.

In some cases, accident reconstruction specialists may be consulted to recreate the events leading up to the amputation. This can help establish liability and strengthen your case. An attorney will leverage their network of experts and resources to gather the necessary evidence and build a compelling argument on your behalf.

Negotiating with insurance companies and handling settlements

Insurance companies play a significant role in amputation cases, as they are often responsible for providing compensation to cover medical expenses and other damages. However, insurance companies are notorious for trying to minimize payouts or deny claims altogether. This is where an experienced attorney can make a substantial difference.

An attorney will handle all communication and negotiations with insurance companies, ensuring that your rights are protected and that you receive fair compensation. They will leverage their knowledge of personal injury law, the value of amputation cases, and their negotiation skills to secure the best possible outcome for you. If a fair settlement cannot be reached, an attorney will be prepared to take your case to court and fight for your rights in front of a judge and jury.

Seeking compensation for medical expenses, lost wages, and pain and suffering

Amputations can result in significant financial burdens, including medical expenses, rehabilitation costs, and long-term care. Additionally, the loss of a limb can have a profound impact on your ability to work and earn a living. An experienced attorney will work tirelessly to seek compensation for these damages and ensure that you receive the financial support you need for a brighter future.

In an amputation case, compensation may include medical expenses, both current and future, lost wages, loss of earning capacity, rehabilitation costs, and pain and suffering. An attorney will assess the full extent of your damages and pursue the maximum compensation available under the law. They will fight for your rights and advocate for your best interests, ensuring that you are not left burdened by the financial consequences of the amputation.

The emotional and psychological impact of amputation and the attorney’s role in providing support

Amputations not only result in physical challenges but also have a profound emotional and psychological impact on individuals. Adjusting to life with a missing limb can be incredibly difficult, and the emotional toll should not be overlooked. An experienced attorney understands the holistic nature of amputation cases and can provide the support and guidance needed to navigate these challenges.

Throughout the legal process, an attorney will serve as your advocate and provide the emotional support you need. They will listen to your concerns, answer your questions, and provide reassurance during the most challenging times. Additionally, they can connect you with support groups, therapists, and other resources that can help you cope with the emotional and psychological consequences of the amputation.

Finding the right attorney for your amputation case

Finding the right attorney to handle your amputation case is crucial for the success of your claim. When searching for legal representation, consider the following factors:

1. Experience: Look for an attorney who specializes in personal injury law and has a proven track record of handling amputation cases. Experience matters when it comes to navigating the complexities of these cases and achieving favorable outcomes.

2. Expertise: Ensure that the attorney has a deep understanding of the medical field and can effectively communicate with medical experts. This knowledge is essential for building a strong case and advocating for your rights.

3. Resources: A well-equipped law firm with a network of experts and resources can significantly strengthen your case. Consider the firm’s capabilities and the support they can provide throughout the legal process.

4. Communication: Effective communication is essential when working with an attorney. Look for someone who is responsive, attentive, and willing to keep you informed every step of the way.

5. Reputation: Research the attorney’s reputation in the legal community and read reviews from past clients. A positive reputation is a good indicator of their professionalism and dedication to their clients.

Conclusion: The significance of hiring an experienced attorney in amputation cases

Amputation cases are complex legal proceedings that require the expertise of an experienced attorney. These skilled professionals will fight for your rights, navigate the legal complexities, and ensure that you receive the compensation you deserve for the physical, emotional, and financial impact of the amputation.

Don’t face the legal battle alone. Consult with an experienced attorney who will fight for your rights and help you navigate the complex process of an amputation case. With their knowledge, resources, and dedication, you can seek justice and secure a brighter future.

In conclusion, when it comes to amputation cases, an experienced attorney is essential for protecting your rights and seeking the compensation you deserve. These complex legal proceedings require deep knowledge of personal injury law, the medical field, and the intricacies of amputation cases. With their expertise, attorneys can gather evidence, negotiate with insurance companies, and build a strong case on your behalf. They understand the physical, emotional, and financial challenges of amputations and will fight for your rights throughout the legal process. If you or a loved one has experienced an amputation, don’t hesitate to consult with an experienced attorney who specializes in these cases. They will provide the support and guidance needed to navigate the complexities of the legal system and seek justice for the impact the amputation has had on your life.

Posted by Aaron Herbert at 1:33 pm

Dooring – What’s the Law in Texas and How to Avoid It

Wednesday, April 20, 2022

Most people imagine a moving vehicle striking a bicyclist when they picture a bicycle accident. However, some of the most serious bicycle accidents in Texas happen when a car is parked. Dooring occurs when a driver opens a car door without paying attention to oncoming bicycle traffic – resulting in a biker striking the door and being propelled off of the bike. Dooring can cause serious injuries, such as broken bones and brain injuries. If you were injured in a dooring accident in Texas, you may be entitled to financial compensation.

How Do Dooring Accidents Happen?

Dooring is the outcome of a motor vehicle occupant failing to check for cyclists before opening a car door when parked in a place that gets bicycle traffic, such as a parking spot that is adjacent to a bicycle lane. If a driver is parked someplace where a bicyclist can ride directly next to the vehicle, he or she has a responsibility to check for oncoming bikers before opening the door. Failing to do so can result in a bicycle rider hitting the open door without being able to stop in time.

Does Texas Have Any Laws Against Dooring?

Yes. Texas has a specific law in place regarding dooring in Section 545.418 of the Texas Transportation Code. This law states that a person may not open the door of a motor vehicle unless it can be done so in reasonable safety and without interfering with the movement of other traffic if the door is on the side of the road available to traffic. It also prohibits leaving the door of a vehicle open for longer than is necessary to load or unload a passenger if the door opens on the side next to moving traffic. If a motor vehicle driver or passenger fails to obey this law or make a reasonable effort to prevent dooring, he or she can be held financially responsible for a resultant bicycle accident. The at-fault driver must pay for a cyclist’s medical bills and property repairs suffered in the accident. Proof that the individual broke Texas’s dooring laws can be enough to establish his or her liability for the crash.

Tips for Avoiding a Dooring Accident

Although the legal responsibility to prevent a dooring accident rests with drivers and motor vehicle occupants, both motorists and bicyclists in Texas can take steps to reduce the risk of this type of crash. Use these tips as either a driver or cyclist in Dallas. For drivers:

  • Never park in the middle of a bicycle lane, even temporarily.
  • Before you open your door, look in your side and rear view mirrors to check for oncoming cyclists.
  • Open the door with the hand that is furthest away from the door to force yourself to look over your shoulder for bikers.
  • Slowly open the vehicle door when it is safe to do so, and only enough to exit. Do not fling your door open.
  • Close the door as quickly as possible once you’ve exited the vehicle.

For bicyclists:

  • Ride a safe distance away from parked vehicles (at least three feet).
  • Don’t weave in and out of parked cars.
  • Be vigilant and pay attention to the behavior and movements of vehicle occupants.
  • Make eye contact with a driver you’re interacting with before proceeding.
  • Wear colorful or reflective clothing to increase your visibility to drivers.
  • Turn on your headlamp if you’re riding your bicycle between dusk and dawn.

You may have the power to prevent dooring or being doored as a roadway user in Texas. If you find yourself involved in this type of accident despite your best efforts to avoid it, contact a bicycle accident attorney in Dallas for assistance. You may be eligible for financial compensation from the driver’s car insurance company.

Posted by Aaron Herbert at 3:22 pm

How Do I Claim Insurance After a Bike Accident?

Friday, April 15, 2022

If you get injured in a bicycle accident in Texas, you may have multiple insurance policies available to cover your losses. The driver’s car insurance will typically pay for your injuries, for example, and your own health insurance or homeowners insurance policy may provide supplemental coverage. Find out how to claim insurance benefits after a bicycle accident in Dallas, as well as when to hire an attorney for assistance.

What Types of Insurance Are Available to Cover a Bicycle Accident in Texas?

If you get hurt in a bicycle accident, the first thing to do is receive medical care for your injuries. This can pave the way for your insurance claim, as most insurers require claimants to have seen a doctor. Once you’ve gotten medical care and collected information about the crash, explore all potential sources of insurance coverage for your accident. Several types of insurance policies may pay for your medical bills, bicycle damage and other losses, including:

  • Bodily injury liability insurance. If you have injuries and related costs, such as medical bills, and the other driver is at fault for the accident, his or her bodily injury liability insurance will pay. All drivers in Texas are required to carry at least $30,000 per person and $60,000 per accident in bodily injury coverage.
  • Property damage liability insurance. Similarly, if a driver is responsible for your crash, you can use his or her $25,000 in property damage liability coverage to pay for your bicycle repairs or replacement.
  • First-party insurance coverage. If you are at fault for the accident, the driver is uninsured or underinsured, or you get involved in a hit-and-run, your own auto insurance policy may pay. This could include uninsured motorist coverage, collision coverage and comprehensive insurance.
  • Homeowners or renter’s insurance. Since a bicycle is a type of property, your homeowners or renters insurance policy may pay to repair or replace it after an accident. This may cover your expenses whether or not you were at fault for the accident.
  • Health insurance. If you suffered injuries in the bicycle accident that require professional medical attention, your health insurance can help you pay for the initial costs of your treatment. You may wish to pursue additional compensation, however, if someone else caused your crash.

You may be able to seek financial benefits from a driver’s insurance company, your own insurance carrier(s) or a third party after a bicycle accident in Texas. Explore all of your financial recovery options with an attorney before accepting a settlement.

How Do You File a Bike Accident Insurance Claim in Texas?

Make sure you are adequately prepared for the insurance claims process before making a phone call or submitting a claim. You will need certain information about the bicycle accident, such as its time, date and location, as well as information about the driver who hit you. You will also need your police report number and information about your injuries if you’ve already seen a doctor.

When you’re ready, call the correct insurance company or companies to report the accident and submit a claim. The agent will guide you through the steps to take. Before you accept a settlement and sign a release form, however, take your case to an attorney for a review. You may deserve greater financial compensation than the insurance company is offering.

Do You Need an Attorney for a Bicycle Accident Insurance Claim?

Hiring a lawyer for a bicycle accident insurance claim is not mandatory in Texas, but it could significantly improve your case outcome and legal experience. A bicycle accident claim can quickly become complicated and difficult to litigate. Giving your case to an attorney can allow you to rest and focus on healing while an experienced and knowledgeable professional navigates Texas’s laws on your behalf.

For more information about what to expect during a bicycle accident insurance claim in Texas, contact the Law Offices of Aaron A. Herbert to request a free consultation

Posted by Aaron Herbert at 12:55 pm

What Are the Most Common Causes of Bicycle Accidents?

Wednesday, April 13, 2022

It is always better to prevent a bike accident in Texas than to try to recover from one after the fact. A bicycle accident can inflict injuries on a cyclist that last for life. In 2020, 79 bicyclists in Texas were killed in traffic accidents and hundreds of others were injured. The best way to protect yourself from harm as a bicyclist is to be aware of the most common causes of bicycle accidents in your city. This can help you recognize risks when you see them and take action to avoid a collision.

Distracted Drivers

Drivers are obligated to pay close attention to the road at all times. Unfortunately, distracted driving has become an epidemic on U.S. roadways. Distractions connected to cell phones, infotainment systems, personal grooming, food and drinks, radios, and GPS are rampant and have dramatically increased the number of car accident injuries and deaths per year. The National Highway Traffic Safety Administration reported 3,142 lives lost because of distracted drivers in 2020. Many of these victims were bicyclists and pedestrians.

Following/Passing Too Close

Bicyclists have the same rights to the road as motor vehicle drivers, and they need space to safely navigate. Texas law states that drivers must keep at least three feet of distance between their vehicles and bicycles. When drivers become impatient or reckless, they may encroach on this space and endanger the cyclist’s life. Following or passing too close to a bicycle increases the risk of sideswipe accidents, such as a driver’s side mirror striking a bicyclist, as well as rear-end collisions.


Speeding is one of the most common causes of all types of motor vehicle accidents, not just bicycle accidents. Speeding is defined as driving too fast for conditions. This doesn’t necessarily mean driving above the speed limit. If the posted limit is too fast in bad weather, a driver has a responsibility to drive below the limit. A speeding driver is less likely to be able to stop in time to avoid hitting a bicyclist or react safely to changing roadway situations.

Left-Hand Turns

Many bicycle accidents take place at intersections in Texas, often when a motor vehicle driver is attempting to make a left-hand turn. Many drivers underestimate the speed or misjudge the distance of a cyclist in the opposite lane. This leads to them making a left turn in front of a biker and either striking the side of the bicycle or forcing the cyclist to hit the side of the vehicle. In other cases, a driver turning left may not keep a proper lookout and fail to see an oncoming cyclist entirely.

Failing to Yield

Motor vehicle drivers should know and obey all roadway rules, including yielding the right-of-way to bicyclists, when applicable. Bicycles should be treated with the same respect as standard motor vehicles. At a stop sign, for example, a bicyclist who arrived at the intersection first would have the right to proceed across the road before a motor vehicle driver. Failing to yield and breaking other traffic laws invites bicycle-vehicle collisions.

Driving While Intoxicated

State data shows that 958 victims were killed in 2020 due to drivers under the influence of alcohol. A drunk or drugged driver is unable to make safe decisions behind the wheel. Intoxication can cause reckless behaviors, slowed reflexes, poor judgment and bad decision-making. It can also have a physical effect on a driver, such as blurred vision and muscle weakness. These effects increase the odds of a driver making critical errors or losing control of his or her vehicle and striking a bicyclist.

If you were recently injured in a bicycle accident in Texas, contact an attorney to determine the cause of your crash. If someone else is responsible, they may have to pay for your related bills and losses.

Posted by Aaron Herbert at 3:22 pm

What to Do if Your Child Was Injured in a Bicycle Crash

Friday, September 24, 2021

Your child could be at risk of a serious accident while riding a bicycle, especially on public streets or sidewalks. No matter how well you have trained your child to be careful, dangerous and distracted drivers could put him or her at risk. According to the Centers for Disease Control and Prevention, children ages 19 and younger have the highest rates of nonfatal bicycle accident injuries. If your child gets injured in a bicycle crash in Dallas, take the following steps.

What to Do if Your Child Was Injured in a Bicycle Crash 4

Call the Police

If the bicycle accident involves a motor vehicle driver, call the police immediately while you are still at the scene. Getting a police accident report is important if you wish to protect your legal right to hold the driver accountable. Never accept cash from the driver in exchange for not notifying the police or calling their insurance company.

Take Photographs

While you are waiting for the police to arrive, use your smartphone or a camera to take photographs of the scene of the bicycle accident. Pictures of the scene can help reconstructionists piece together how and why the accident took place. This can help you prove the fault of a motor vehicle driver, a roadway hazard or a defective bicycle part.

Get the Driver’s Information

Start gathering information and evidence as soon as possible. While you are still at the scene, write down the driver’s name and contact information, as well as the names and phone numbers of any eyewitnesses. You should also get the driver’s license number, plate number and insurance information.

Seek Medical Care

Bring your child to a doctor or hospital after a bicycle accident. Even if your child appears to be fine, he or she may have an injury with hidden or delayed symptoms. Concussions and more serious traumatic brain injuries, for example, may not show signs or symptoms right away. Going in for a checkup after a bicycle crash can confirm whether or not your child is injured and provide the necessary medical care for any injuries. Furthermore, seeking medical attention can help you build an insurance claim.

Call the Insurance Company

In Texas, the driver or party at fault for a collision will be responsible for paying for medical bills and property repairs. After your child gets into a bicycle accident, you will need to determine fault before you can file an insurance claim. If your child is to blame, call your own car insurance provider. If the other driver caused the crash, such as by failing to yield the right-of-way, running a stop sign, speeding or driving distracted, call that driver’s insurer. You may need assistance from an attorney or a police officer to determine fault for the bicycle accident.

Protect Your Rights

Even in a bicycle accident case involving a child, an insurance company will put its bottom line first and may try to avoid paying you the financial compensation that your family deserves. Be careful when speaking to an insurance claims adjuster, as this person works for the insurance company and is trained to save the company as much money as possible on your claim. Do not admit fault, give a recorded statement or accept a settlement when talking to the insurance adjuster.

Consult With a Bicycle Accident Attorney

Contact a bicycle accident lawyer in Dallas as soon as possible if your child is injured in a bicycle crash. A lawyer will be on your side and will work for you, not an insurance company. Your attorney can carefully investigate the accident, collect evidence, determine fault, and help you and your family get everything that you need during this difficult time. This includes medical care from top pediatricians. For more information about a bicycle accident legal claim, contact an attorney today.

Posted by Aaron Herbert at 11:04 am

What to Do After a Bicycle Accident in Texas

Monday, September 20, 2021

If you get injured in a bicycle accident with a car, truck or van, what you do in the immediate aftermath of the wreck can be critical to the future of your injury claim. Taking the correct steps to protect yourself physically and financially can impact the outcome of any lawsuit that results from the crash. Here’s what to do after a bicycle accident in Texas.

What to Do After a Bicycle Accident in Texas 6

Don’t Admit Fault

For many bicyclists, the initial reaction after an accident is to jump up and apologize to the driver. These are two things that you should not do. Remain where you are and don’t move until you have checked to feel if there is pain, numbness or tingling in your back or limbs. If you believe that you could have a back injury, only move if it is necessary to do so for your personal safety.
Do not apologize to the other driver, as this could be construed as you accepting fault for the collision. Remain polite and calm, but do not admit fault. Even if you think you might have caused the bicycle accident, there may be factors that you are unaware of, such as a malfunctioning traffic light or cell phone use by the driver. Let the police and insurance company investigate the bicycle accident and determine fault.

Call 911

Always call the police after a bicycle accident in Texas. It is a legal requirement to report a crash immediately to the police if it causes injuries or at least $1,000 in property damage. Even if your bicycle accident was relatively minor, involving the police can help by creating an official accident report. Make sure to talk to the police and get your version of events into the accident report. Never accept cash or promises from the driver who hit you in exchange for not calling the police or involving insurance companies. This could result in you settling for much less financial compensation than you deserve – or nothing at all.

Gather Information

Do your best to collect information while you are still at the scene of your bicycle accident. Write down the driver’s name, contact number, insurance company and vehicle information. This includes the vehicle’s identification number and license plate numbers. Write down the names and phone numbers of any eyewitnesses, as well. If you can, take photographs of the crash, including your damaged bicycle, the vehicle and the location of the collision.

Go to a Hospital

It is always important to obtain professional medical care as the victim of a bicycle accident in Texas. Prompt medical care can immediately diagnose an injury that your adrenaline may be hiding, such as a neck, back or head injury. Follow your doctor’s treatment plan. Going to a hospital right away can also show an insurance company that your injuries are serious, and you did what you could to mitigate them.

Contact an Insurance Company

Once you have documented what happened and collected copies of critical records, such as your medical bills and the police accident report, make the call to the driver’s insurance company to file an initial claim. In Texas, the party at fault for a collision will have to pay for damages. You may be eligible for compensation for your medical bills, bicycle repairs, lost wages and other losses from the driver’s insurance provider.

Work With an Attorney

When you are filing a bicycle accident insurance claim in Texas, take care to defend your rights. Do not trust the insurance claims adjuster assigned to review your case. Politely decline to give the adjuster a recorded statement over the phone. Before you sign anything or accept a settlement, consult with a bicycle accident attorney in Dallas to make sure that you are not falling into a trap set to devalue your claim. An attorney will give you trustworthy advice about how to get the most out of your lawsuit.

Posted by Aaron Herbert at 3:56 pm

What Causes Tire Blowout Bicycle Accidents?

Friday, September 17, 2021

There are many reasons why a bicycle could crash. One is the failure of a part or piece of equipment, such as the tires. A tire blowout is different from a flat tire. A blowout is abrupt and explosive, creating a frightening experience for a biker, such as an accident and serious injuries. Understanding the most common causes of tire blowout bicycle accidents can help you determine whether you have grounds for a bicycle accident claim in Dallas.

What Causes Tire Blowout Bicycle Accidents? 8

Poor Bicycle Maintenance

The most common cause of a bicycle tire blowout is wear and tear on the tire. Even the normal use of a bicycle could lead to a blowout in some circumstances. Repeatedly using a bicycle brake, for example, can heat the rims of the tire and elevate the temperature of the tire tube. This can cause the tube to expand and explode. However, factors such as a low-quality tire, incorrect tire pressure, improper tire installation and a lack of bicycle maintenance can increase the risk of a tire blowout.
It is the owner of the bicycle’s responsibility to consistently inspect, maintain and repair the bicycle to make sure that it is in proper working order. This includes inspecting and maintaining the tires. If you were injured in a blowout accident while on someone else’s bicycle, including a rented bike, electric bicycle or company bike, you may have grounds to file a personal injury claim against the owner for negligent (careless) maintenance. This could be a possibility if poor tire maintenance, an old tire in need of replacing or an overinflated tire caused the blowout.

Tire Defects

Many tire blowouts on both motor vehicles and bicycles trace back to defects with the tire. A product defect, such as an issue in how the tire was designed, made or marketed, can increase the risk of the tire popping or exploding while in use on a bicycle. If the tread was defectively manufactured to wear down faster on one tire than the other, for example, the tire may become worn down or bald faster than it should, eventually tearing apart and blowing out in transit.
If a tire contains a defect that makes it more prone to a blowout than a typical bicycle tire, an injured bicycle accident victim may have grounds to file a product liability claim against the tire manufacturer or distributor. If your lawyer can prove that the tire had a defect and that this is what caused the crash, you will not need proof of negligence to secure financial compensation. This is called the strict product liability law. It is in place to protect consumers from large and powerful manufacturers.

Potholes and Road Hazards

A tire may suddenly release all of its air at once if it gets tripped or punctured by a roadway hazard or defect. If the bicycle tire hits a pothole, for example, this could pop the tire and cause a blowout. You may have grounds to file a premises liability case if a property defect caused or contributed to your bicycle tire blowout accident in Dallas. It is the government’s responsibility to ensure the reasonable safety of a public road, and a property owner’s responsibility on private property.

Were You Injured in a Bicycle Tire Blowout Accident?

Most of the top causes of tire blowouts are preventable. They trace back to human error, such as defectively designed tires, poor installation or lack of bicycle maintenance. If you or a loved one gets injured in a bicycle tire blowout accident in Dallas, contact an attorney to discuss your legal options. You may have grounds to file an insurance claim or lawsuit in pursuit of financial compensation for your related medical bills, bicycle repairs and other losses. An experienced attorney can investigate your accident, determine the cause of the tire blowout and assist you throughout the claims process.

Posted by Aaron Herbert at 3:36 pm

Texas Bicycle Laws You Should Know 2021

Monday, September 13, 2021

As a bike rider in Texas, understanding the laws and rules that apply to you is your responsibility. Obeying Texas’ bicycle laws, as stated by the Texas Transportation Code, can keep you out of the path of motor vehicles and make your actions more predictable to drivers. Learning the Texas bicycle laws for 2021 can improve your safety and reduce your risk of getting into an accident.

Texas Bicycle Laws You Should Know 2021 10

Rules of the Road

In Texas, bicycles are treated much the same way as standard motor vehicles (Section 551.101). Bicyclists are subject to many of the same traffic laws and roadway rules as motor vehicle drivers. For example, a cyclist must travel in the same direction as motor vehicle traffic on the road. It is against the law to ride against traffic. A bicyclist should stay as close to the right-hand edge of the road as possible, except when avoiding a hazard or making a left-hand turn.
Bike riders may ride two abreast with one another in the same lane, as long as they do not impede traffic (551.103/551.103c). They cannot, however, ride abreast of a motor vehicle. If a motor vehicle driver wishes to pass a bicyclist, the driver must keep a safe distance from the biker when doing so (545.053). In general, bicyclists should use bicycle lanes when available. However, this is not a legal requirement. Cyclists can also ride on sidewalks under state law, although this is prohibited by municipal law in most major cities.
Bicyclists in Texas must obey all traffic signs and signals, including red lights and stop signs. They must also yield the right-of-way to vehicle and pedestrian traffic at intersections, when applicable. Under current Texas law, riding a bicycle under the influence of drugs or alcohol is not against the law. However, the cyclist could face legal liability for causing a bicycle accident while under the influence.

Bicyclist Requirements and Responsibilities

In addition to obeying most of the standard rules of the road that apply to motor vehicle drivers, bicyclists also have other responsibilities that are unique to them. For example, all cyclists should keep at least one hand on the handlebar for appropriate vehicle control, but two hands are optimal (551.102c). Cyclists should not carry anything that prevents them from keeping at least one hand on the handlebars. Bicyclists should also use hand and arm signals to tell surrounding drivers of their intentions to turn or stop (545.107).

Bicycle Equipment Requirements

A bicycle that is being operated on a public road must be equipped with a brake that is capable of stopping the bike on dry, level, clean pavement. If a bicycle is being used to ride at night, it must be equipped with a white light on the front of the bicycle that is visible for at least 500 feet, as well as a red reflector or light on the rear of the bicycle (551.104b). All bicycle riders or passengers must have their own saddles.

Helmet Law

As of 2021, Texas does not have a universal helmet law. There is no state law that requires all bicycle riders to wear safety helmets. However, several cities in Texas have passed their own laws requiring helmets by children and/or adults. In Dallas, for example, cyclists under the age of 18 must wear helmets. Research the laws in your municipality.

Bicycle Safety Tips

Following all of the laws that apply to you as a bicyclist in Texas can reduce your risk of getting into a serious accident. Other tips for reducing your risk of a wreck include wearing brightly colored clothing or a reflective vest, being aware of your surroundings, not listening to music or talking on the phone while you ride, and stopping at all red lights and stop signs. Being a prudent and responsible bicyclist in Texas is the safe thing to do.

Posted by Aaron Herbert at 1:35 pm

How Is Fault Determined in Bike vs. Car Accidents in Texas?

Thursday, September 9, 2021

Automobile and bicycle accidents take place relatively often in Texas, especially in bustling downtown areas such as Dallas and Houston. In Texas, the fault-based insurance law requires injured accident victims to determine fault before filing insurance claims. This is because claims are filed with the insurance companies of the at-fault parties. Find out how fault is determined in a bicycle vs. car accident so that you know how to pursue financial compensation as a victim.


Bicycle and car accident investigations in Texas use the same processes in many ways. Both investigations begin at the scene of the crash and extend into interviews with eyewitnesses and other evidence analyses. The goal of an investigation is to determine how and why the crash took place, such as whether one party violated a traffic law or broke a roadway rule. An investigation of either type of accident will rely on evidence that may be available, such as:

  • Police crash report
  • Admissions of guilt by either party
  • Evidence from the accident scene (skid marks, road hazards, etc.)
  • Photographs and videos
  • Traffic camera footage
  • Eyewitness statements
  • Accident reconstruction
  • Opinions from experts
  • Medical records

This list of potential evidence can apply to a bicycle accident as well as an automobile accident. Investigators used by the police, an insurance company and/or a personal injury law firm will search for signs and evidence of fault to piece together how the crash took place. In many cases, fault will go to the person or party who broke a rule, such as running a red light or failing to yield the right-of-way.


There are certain variances, however, in how a bicycle accident is investigated compared to a car accident. For example, investigators may not be able to rely as much on property damage to determine fault for a bicycle accident. In a standard car accident case, the damage inflicted on both vehicles can establish the directions in which both vehicles were traveling, as well as their point of impact. This can allow accident reconstruction experts to determine how the crash took place, including which driver was in the wrong.
In a bicycle accident case, on the other hand, the damage to the bicycle is often so severe as to be inconsequential for investigative purposes. Bicycle damage may not clearly show where or how the bicycle was struck by the motor vehicle. Damage to the car, however, may be inspected for signs of which part of the car collided with the cyclist. If the front of the vehicle shows damage, for instance, this could be proof that the driver was in the wrong and struck the cyclist. Damage to the side of the vehicle, on the other hand, could show that the bicyclist ran into the motor vehicle.

Shared Fault in Both Types of Accidents

Both types of accidents come with the possibility of shared fault. In Texas, the statute that deals with shared fault in an auto accident case is the modified comparative negligence law. This law states that if an injured victim (plaintiff) contributed to the bicycle or car accident, he or she can still recover financial compensation – as long as the victim is less than 51 percent at fault for the collision.
If the plaintiff does share fault with the defendant in an accident case, his or her financial recovery will be reduced by the amount of fault. For example, if a cyclist is 15 percent at fault for an accident for failing to pay attention, but a driver is 85 percent at fault for running a stop sign, the driver would only be responsible for 85 percent of the cyclist’s damages. The settlement or judgment award granted to the bicyclist would be reduced by 15 percent.
If you get injured in a bicycle or car accident in Dallas, consult with an attorney for assistance determining fault, proving your claim and fighting for fair compensation.

Posted by Aaron Herbert at 1:30 pm

Know Your Bicycle Rights in Texas

Monday, June 15, 2020

Being a bicyclist in Texas comes with several inherent risks. Distracted drivers, drunk drivers, roadway hazards and an increased chance of head injuries are some of the risks you take on as a cyclist. How you address these risks could determine whether or not you get into a bicycle accident. Texas crash statistics for 2018 show 72 pedal cyclist deaths in motor vehicle accidents. Protect yourself from an accident by knowing and exercising your rights as a cyclist in Texas.

Know Your Bicycle Rights in Texas 13

The Right to Ride in the Road

 Many drivers show signs of anger, frustration and road rage when driving behind bicyclists in Texas. They may tailgate you, honk their horns or pass too closely. It is your right as a biker, however, to ride in the road alongside motor vehicles. Bicycles are vehicles in Texas (Section 551.001). You have the right to take up a full lane of traffic when riding in the road. For safety reasons, keep as far to the right side of the road as possible except when avoiding obstacles or turning left. If a driver was infringing upon your right to the road, you may have grounds for a case against him or her after a collision.
 If your city has a bicycle path available, use this to reduce your risk of getting into an accident. Texas law, however, does not require you to use a bike path if you would rather use a standard traffic lane. You may also have the right to ride your bicycle on the sidewalk if the area does not have any municipal rules forbidding it. Texas does not have a statewide rule against riding on sidewalks. Many major cities, however, including Dallas, have municipal laws prohibiting bicyclists from riding on sidewalks in central business districts. Learn the laws in your city before riding on the sidewalk.

The Right-of-Way

 Bicyclists in Texas receive the right-of-way when a motorist would have the right-of-way in the same situation. When at an intersection, for example, if you came to a stop first on your bicycle, you will have the right-of-way. It is against the law for a driver to ignore your right-of-way as a bicyclist. If a driver does not yield and causes an accident, he or she could be liable for your injuries and damages. You must also respect others’ rights-of-way. It is your duty as a cyclist in Texas to obey all roadway rules and traffic signs, including stop signs and traffic lights.

The Right Not to Wear a Helmet

 Texas does not have a universal bicycle helmet requirement. Currently, the State of Texas does not require any bicycle rider to wear a helmet, regardless of age or level of experience. It is your prerogative to wear a helmet or not wear a helmet, unless the municipal rules in your city say otherwise. Cities that require the use of a bicycle helmet include Austin, Dallas, Fort Worth, Arlington, Houston and Bedford.
 A defendant in a personal injury claim in Texas could not hold it against you if you were not wearing a helmet in a bicycle accident. You have the right under state law not to wear one. Even if the accident gave you a head, face or brain injury, the defendant could not use your lack of helmet wearing in a comparative negligence defense. Wearing a helmet, however, is a wise choice for your personal safety as a bicyclist. Wearing a helmet drastically decreases your chances of a serious brain injury in an accident.

The Right to Expect Reasonable Care From Drivers

 Finally, as a bicyclist, you have the right to expect drivers and others on the road to treat you with reasonable care. All drivers owe duties of care to other drivers, bicyclists and pedestrians. These duties include obeying traffic rules and state laws. Driving drunk, texting and driving, driving negligently, and reckless driving are examples of common breaches of the duty of care by drivers in Texas. If a driver fails to respect one of your rights as a cyclist and this causes a collision, you could have the right to bring a claim against the driver for negligence. A Dallas bicycle accident lawyer could help you bring a cause of action in Texas.

Posted by Aaron Herbert at 2:19 pm

Bicycle Safety Tips

Tuesday, April 10, 2018

Bicycles are responsible for more injuries than skateboards, trampolines, playground equipment, and swimming pools combined across all age groups, according to significant findings from a 2015 report by the National Safety Council. According to this study, nearly half a million people received treatment in emergency rooms for bicycle-related injuries. For comparison, this number is significantly higher than the number of injuries sustained playing football, at 399,873.
The report noted that 1,100 cyclists lost their lives in accidents involving motor vehicles in 2015. There are more than 80 million bike riders around the country, all at risk of injury. Fortunately, there are a few simple ways you can remain safe on the road. Follow these bicycle safety tips to reduce your risk of injury.

Wear a Helmet

The importance of this simple safety tip cannot be overstated. While most people know that wearing helmets is the safest option, they don’t know how much of a difference it makes – according to the National Safety Council, cyclists who don a helmet reduce their risks of injury by 60% and a traumatic brain injury by 58%. Bicyclists who lose control or collide with an object are most likely to fly forward and contact with the ground at high speeds can prove devastating, even fatal.
For maximum safety, choose a helmet that meets minimum federal safety standards. Always wear a helmet snugly with the strap flush with your chin.

Follow the Rules of the Road

Motorists and bicyclists have an implicit duty to “share the road.” Motorists must provide a safe passing distance and be aware of bicyclists, but cyclists also must follow the rules of the road. If you routinely take the same route, become acquainted with local traffic laws and ride single file in the direction of traffic.
Cyclists are most vulnerable at intersections, so use extra caution in these areas. Look to the right, to the left, and over the shoulder before crossing or entering traffic. Use appropriate hand signals when turning and be aware of hazards like opening car doors.

Equip Your Bike

Make sure your bike has proper safety features like reflectors. At minimum, your bike should have them on the front, rear, pedals, and spokes. Attach a rear-view mirror for enhanced visibility and use a horn or bell to alert drivers to your presence.

Suit Up

If you’re biking in traffic, dress for the occasion. Wear bright or reflective clothing that makes you visible to drivers. Avoid biking at night if possible, but if you must ride at night, all your clothing should be reflective.

Be Aware of Common Hazards

Some bicycle accidents are more common than others. In an urban environment, a common scenario called a “right hook,” occurs when a cyclist travels in the same direction as a vehicle, and the motorist turns to the right and into a cyclist’s path. This is most common at intersections, by highway entrance and exit ramps, and driveways. Mitigate your risk of injury by glancing over your left shoulder frequently and using exaggerated hand signals to make your intentions known to other drivers.
Another common hazard is car doors – specifically, a vehicle door opening and striking someone when a motorist exits his or her car. The best way to avoid this risk is to assume that every door in your path will open. Leave a door-sized space between you and the side of the road when passing parked or stopped cars.
Bicycling can be a wonderful way to commute while getting a little exercise, but it’s not without its dangers. Observe these basic safety tips to reduce your risk of injury.

Posted by Aaron Herbert at 2:29 pm