Dallas Bike Accident Lawyer: Wrongful Death Claim

Losing a loved one is always a painful experience. When that loss is the result of a bicycle accident caused by someone else’s negligence in Dallas, the grief can be compounded by anger and a desire for justice. In 2021, three fatal injuries resulted from bicycle accidents in Dallas, underscoring the tragic reality that cyclists are vulnerable road users. If you’re grappling with the death of a family member in such a circumstance, understanding your legal options is crucial. A Dallas bike accident lawyer specializing in wrongful death claims can help you navigate the complexities of the legal system and pursue the compensation your family deserves.

Understanding Wrongful Death Claims in Texas

A wrongful death claim arises when someone’s death is caused by the negligence or wrongdoing of another party. In Texas, the surviving spouse, children, and parents of the deceased can file a wrongful death claim. If none of these individuals file a lawsuit within three months of the death, the executor or administrator of the deceased’s estate can pursue the claim.

What damages can be recovered in a wrongful death claim?

A wrongful death claim seeks to compensate the family for the losses they have suffered due to the death of their loved one. These damages can include:

Medical Expenses: The costs of medical treatment incurred by the deceased as a result of the accident.
Funeral and Burial Expenses: The costs associated with the funeral and burial of the deceased.
Loss of Income: The financial support that the deceased would have provided to the family.
Loss of Companionship and Support: The emotional and practical support that the deceased provided to the family.
Mental Anguish: The emotional distress and suffering experienced by the family as a result of the death.

Causes of Fatal Bicycle Accidents in Dallas

Bicycle accidents can occur for various reasons, but the majority are due to the negligence of drivers. Some common causes of fatal bicycle accidents in Dallas include:

Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may not see cyclists and can cause a collision. Rear-end collisions caused by distracted drivers accounted for 78% of cyclist fatalities in 2016.
Failure to Yield the Right-of-Way: Drivers often fail to yield to cyclists at intersections or when turning, leading to crashes. Nearly 35% of Dallas accidents involve a driver who failed to yield to a bicyclist at an intersection or driveway.
Speeding: Drivers who are speeding may not be able to stop in time to avoid hitting a cyclist.
Driving Under the Influence: Alcohol and drugs impair a driver’s ability to operate a vehicle safely, increasing the risk of accidents.
Unsafe Lane Changes and Turns: Drivers may not check for cyclists before changing lanes or making turns, resulting in collisions.
Poor Road Conditions: Potholes, debris, and other hazards can cause cyclists to lose control and crash.
Dooring: Opening a car door into the path of a cyclist.

The Importance of a Dallas Bike Accident Lawyer

Navigating the legal process after a fatal bicycle accident can be overwhelming. A Dallas bike accident lawyer specializing in wrongful death claims can provide invaluable assistance to grieving families. Here’s how:

Investigating the Accident: A lawyer can conduct a thorough investigation to determine the cause of the accident and identify all liable parties. This may involve gathering evidence, interviewing witnesses, and consulting with accident reconstruction experts.
Building a Strong Case: A lawyer can build a strong case on your behalf by gathering evidence of the other party’s negligence and documenting the damages your family has suffered.
Negotiating with Insurance Companies: Insurance companies may try to minimize payouts in wrongful death cases. A lawyer can negotiate with the insurance company to ensure that you receive a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, a lawyer can file a wrongful death lawsuit and represent you in court.
Providing Compassionate Support: A lawyer can provide compassionate support and guidance throughout the legal process, helping you cope with the emotional challenges of losing a loved one.

Statute of Limitations

In Texas, there is a limited amount of time to file a wrongful death lawsuit. The statute of limitations for wrongful death cases is two years from the date of death. If you fail to file a lawsuit within this timeframe, you may lose your right to recover compensation. It’s important to contact a Dallas bike accident lawyer as soon as possible after a fatal bicycle accident to ensure that your claim is filed on time. There are very few exceptions to this rule that will allow an extension on the statute of limitations, including:

The plaintiff is a minor (under the age of 18)
Negligence was discovered later

Comparative Negligence

Texas follows a modified comparative negligence rule. This means that you can recover damages in a wrongful death case only if you are 50% or less at fault for the accident. If you are more than 50% at fault, you cannot recover any damages. The amount of damages you can recover will be reduced by your percentage of fault.

Choosing the Right Attorney

Selecting the right attorney is a critical step in pursuing a wrongful death claim. Look for a lawyer with the following qualifications:

Experience: Choose a lawyer who has experience handling wrongful death cases and bicycle accident cases in Dallas.
Specialization: Look for a lawyer who specializes in personal injury law and has a proven track record of success.
Resources: Ensure that the lawyer has the resources to conduct a thorough investigation and build a strong case.
Compassion: Choose a lawyer who is compassionate and understanding and who will provide you with the support you need during this difficult time.

Seeking Justice for Your Loss

Losing a loved one in a bicycle accident is a devastating experience. While no amount of money can replace your loss, a wrongful death claim can help you recover compensation for your financial and emotional damages. By contacting a Dallas bike accident lawyer specializing in wrongful death claims, you can protect your legal rights and pursue the justice your family deserves.