Texas applies a modified comparative fault rule in personal injury cases, including bicycle accidents. This means that an injured party can recover damages only if they are found to be less than 51% at fault for the accident. If the cyclist is partially at fault, say, for not using proper hand signals or ignoring traffic laws, their compensation will be reduced by their percentage of fault. For example, if a cyclist is awarded $100,000 but found 30% at fault, they would receive $70,000. An experienced bicycle accident lawyer can help you fight back against any unfair claims of fault that the insurance company or opposing party may make against you. Determining fault typically involves examining traffic reports, witness statements, and expert opinions on accident reconstruction.
Free Injury Consultations