El Paso Bicycle Accident Attorney

Source: SprowlesLaw

Bicycle Accidents

Every year, over 600 bicyclists are killed while riding and another 51,000 are injured. Although the numbers have recently gone down, they are still alarming enough to take serious notice. The deaths and serious injuries largely occur in the accidents that involve another motor vehicle, such as a car or truck. A bicycle simply does not offer any of the protection that you need to keep yourself safe and healthy in a situation where you collide with another vehicle, even when wearing a helmet.

The unfortunate aspect of riding a bicycle is that you are at the mercy of the larger and heavier vehicles around you. If they do not see you, or are acting in a careless or reckless manner, then your life and body are in their hands. One of the only advantages that cyclists have in this one-sided situation is that they have the right to hold those who caused the injury accountable for their negligent actions. A victim of careless actions can demand compensation in the form of damages to help address resulting medical and economic expenses.

It is in your best interest to work with a capable New Mexico or Texas personal injury attorney who has the legal knowledge and courtroom experience to successfully represent you during this difficult and stressful time. An attorney will be able to argue on your behalf and demand compensation for the pain and suffering that was caused by the reckless party.

When a serious injury occurs, immediate actions must be taken in order to bring those at fault to justice. Although the last thing you want to think about is the legal ramifications when you or a loved one is injured, it is an essential aspect of resolving this horrible situation in a manner that is favorable. With the help of an El Paso personal injury attorney, you can focus on getting better while they develop your case and fight for you in court if a settlement is not reached.

For a combined 16 years, the attorneys at The Law Office of Samuel E. Sprowles have passionately represented individuals and families injured because of the negligence or carelessness of others. They are committed to protecting your rights and demanding restitution for your losses.

Having an in-depth knowledge of the lengths insurers and defense attorneys will go to protect their interests, even at the expense of the victim, has only increased the drive of the firm’s attorneys. The Law Office of Samuel E. Sprowles is committed to going the distance in helping the injured party overcome their losses.

The firm has one office in El Paso, where they proudly work with individuals throughout West Texas. This encompasses all individuals and families who have a valid personal injury claim living in and around El Paso County, including the cities of Anthony, Clint, Horizon City, Socorro, and Vinton.

Samuel E. Sprowles and staff also offer their services to individuals and families throughout Southern New Mexico. The firm is conveniently located to provide quality personal injury representation for those in and around Dona Ana County, Otero County, Lincoln County, Lea County and Chaves County. This includes, among many others, the cities of Sunland Park, Alamogordo, Ruidoso, Eunice, Hobbs, Lovington and Roswell.

Call (915) 257-4726 or send an online message to schedule a free consultation today with The Law Office of Samuel E. Sprowles today. With the quality representation offered by the firm, you will be well taken care of from start to finish. The Law Office of Samuel E. Sprowles also employs bilingual staffers, which can make the process significantly easier for Spanish speaking clients.

Bicycle Accident Information Center

Common Scenarios and Injuries in a Bicycle Accident

There are many different situations in which one can be injured while riding a bicycle, and the vast majority involve a motor vehicle. Some of the more common scenarios include a car taking a right hand turn at an intersection and hitting the crossing cyclist, a left hand turn into a cyclist riding on the shoulder or in a bike lane, doors opening unexpectedly, driver’s texting or talking on a cell phone and drivers operating a vehicle while intoxicated.

Unfortunately, with the lack of protection that cyclists are required to deal with, there are countless ways in which a person can be injured in a bicycle accident. This includes:

  • Brain Injuries
  • Back Injuries
  • Spinal cord Injuries
  • Wrongful Death
  • Neck Injuries
  • Paralysis
  • Fractured Bones
  • Organ Injuries (internal injuries)
  • Torn Muscles
  • Head Injuries (concussions, blunt force trauma)
  • Abrasions
  • Burns
  • Road Rash

Forms of Damages in a Bicycle Injury Claim

Compensatory – Compensatory damages, also called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered as a result of another’s breach of duty. This can include both economic (medical bills, property damage, loss of wages) and non-economic damages (pain and suffering, loss of companionship)

Punitive – Punitive damages, also known as exemplary damages, may be awarded to a plaintiff in addition to compensatory damages when a defendant’s conduct is particularly willful, wanton, malicious, vindictive, or oppressive. Punitive damages are awarded not as compensation, but to punish the wrongdoer and to act as a deterrent to others who might engage in similar conduct.

Nominal – Nominal damages are recoverable by a plaintiff who establishes that they have suffered an injury caused by the wrongful conduct of the defendant, but is not able to offer proof of a loss that can be compensated. For instance, this will be used if the injured plaintiff proves that a defendant’s actions caused the injury, but is not able to put forward medical records that show the extent of the injury. The amount awarded is commonly a small, symbolic sum, such as one dollar, although in some jurisdictions it may equal the costs of bringing the lawsuit.

Proving Negligence in a Bicycle Accident

There are four elements of a bicycle accident case that must be proven in order for the plaintiff to successfully sue for damages:

  • The plaintiff must be able to prove the negligent driver owed the injured party a duty to act with reasonable care when operating their vehicle, which is a general duty imposed on all drivers in Texas.
  • The plaintiff must also prove the negligent driver breached this duty by failing to act with reasonable care when operating their vehicle, such as by using their phone while driving, driving distracted or driving while under the influence of drugs or alcohol.
  • The plaintiff must also prove the negligent driver’s conduct was the actual and proximate cause of their injuries.
  • The plaintiff also must have suffered some form of injury from the negligent driver’s conduct that can be compensated in the form of damages.

The burden of proof in cases that involve personal injury is by a “preponderance of evidence.” In other terms, this means that the victim must have evidence that favors them by at least 51%. As opposed to criminal cases, where proof “beyond a reasonable doubt” is need, civil cases are much less stringent when it comes to proving fault. Texas and New Mexico operate in a similar, but slightly different manner, with Texas being a “modified” comparative negligence state, whereas New Mexico is a “pure” comparative negligence state.

Legal Resources for Bicycle Accidents in Texas and New Mexico

National Bicycle Safety Network – This website was developed to give pedestrian and bicycle safety information. It has information on many different topics of discussion regarding bicycle laws, policies, education and safety. It includes additional resources concerning case studies, state information, local assistance and training.

Texas Courts Online – This website offers links to all of the Texas counties and the courts located within them. It includes judicial information, judicial entities, events, news, additional links and resources on the supreme court of Texas, the Court of Appeals and Appellate statistics.

Texas Statute of Limitations – This is a link to a page that provides information on the range of the statute of limitations in Texas. It contains the range of years that one can sue another for different types of negligent actions. Included is the amount of time one can sure for defamation, injury to personal property, libel, medical malpractice, product liability and many more.

New Mexico Statutes and Court Rules – This is a link to the unannotated version of the New Mexico Statues and Court Rules. This provides all of the relevant legal wording of civil law in the state of New Mexico and can be used to research issue regarding personal injury, statute of limitations and burden of proof.

The Law Office of Samuel E. Sprowles | Las Cruces Bike Accident Lawyer

If you or a loved one has been seriously injured in an accident while riding a bicycle, where another party was acting negligently, then you may be eligible to file pursue compensation for pain and suffering, and other losses. The Law Office of Samuel E. Sprowles has dedicated their practice to helping individuals and families in and around El Paso and Las Cruces recover any losses that may have been the result of careless and reckless actions. They are well aware that this is an uphill battle that will be fought every step of the way by calculating insurance companies and defendants looking out for their own interests.

With this in mind, Samuel Sprowles and staff will use their considerable legal understanding and prior experience to develop the most effective case possible for your personal situation. This will include gathering evidence, speaking with experts, working with insurance companies and uncovering the exact details behind the accident. This commitment to justice has allowed the firm to successfully handle many cases involving bicycle accident sand it is certain that he will bring the experience in your fight for restitution.

To schedule a free consultation to go over your New Mexico or El Paso bicycle accident case with the staff at The Law Office of Samuel E. Sprowles, call (915) 257-4726 or send an online message today. In addition to serving individuals near their office in El Paso, the firm also works with people throughout the cities of Socorro, Sunland Park, Alamogordo, Las Cruces, Ruidoso, Hobbs, Lovington and Roswell, among others.