According to a recent report by the City of Austin’s Vision Zero program, three fatal bike crashes occurred in Austin, Texas, last year (2024), and another 26 resulted in serious injuries. Despite the risk of bike crashes seeming to improve in Austin, these accidents involving cyclists generally result in severe injuries, and the cost of treatment for these injuries can add up over time, leaving you feeling overwhelmed. As a result, many accident victims employ the services of a bicycle accident lawyer to discover who is at fault and claim the necessary compensation on their behalf.
Many factors must be investigated to determine who is at fault in a right-hook bicycle accident in Austin, TX. Relevant traffic laws, road conditions, and what each party was doing at the time all play a role in determining fault for motor vehicle accidents involving cyclists. Our Austin bike accident lawyer from Dow Law Firm can help determine liability for your right hook bicycle collision.
Who Is at Fault in a Right Hook Bicycle Accident in Austin, TX?
When a car turns right into the path of a cyclist, a right-hook accident occurs. This type of accident can happen when a vehicle turns into a driveway, street, or parking lot. Bad decisions from the driver or inattentional blindness can cause right-hook accidents.
Looking at road laws, the at-fault party of right-hook bicycle accidents is generally the driver; however, in some instances, the bicyclist may also be partly responsible. An investigation must be conducted to determine whether the at-fault party acted negligently.
In some cases, bicyclists’ actions may contribute to the accident, limiting their chances of recovering compensation. These scenarios typically include failing to yield the right of way, riding on the curb, or riding while under the influence.
How Is Liability Established in a Right Hook Bicycle Accident Case in Austin, Texas?
Liability in a bicycle accident in Austin, TX, is generally determined by establishing the negligent party and analyzing the available evidence. This legal process typically involves considering the actions of both the cyclist and the driver. Here is how negligence is determined and the evidence needed to prove liability:
Evidence
- Police reports and accounts from involved parties
- Eyewitness statements
- Any available security camera footage
- Photographs of the accident scene and vehicles/bicycles involved
- Cellular records
- Medical records like X-rays
- Proof of any lost wages
- Food receipts or wrappers with dates, timestamps, or both.
Negligence
- Driver Negligence: This means the driver failed to exercise reasonable care while driving.
- Running a Red Light or Failing to Yield: This means the driver failed to obey traffic signals or didn’t yield to the cyclist.
- Distracted Driving: If the driver uses a phone or is otherwise distracted at the wheel.
- Driving Under the Influence: The driver was impaired by either alcohol or drugs.
- Speeding: The driver failed to adhere to the stipulated speed limit, thereby increasing the risk of a collision.
- Cyclist Intoxication: The cyclist was riding whilst under the influence of either alcohol or drugs.
- Cyclist Distraction: The cyclist was either distracted by music or phone usage.
- Wrong-Way Cycling: The cyclist was riding against the flow of traffic.
What Compensation Can Be Claimed After a Right Hook Bicycle Accident?
Following a bicycle accident in Austin, TX, you could recover compensation for non-economic and economic damages:
Economic Damages
- Medical Expenses: Covers past, present, and future costs for hospital stays, surgeries, physical therapy, and medications you might need.
- Rehabilitation Costs: Includes expenses for ongoing therapy and recovery-related treatments.
- Lost Wages: Compensation for income you lose due to missed work during recovery.
- Reduced Earning Potential: Accounts for the decrease in earning capacity caused by long-term or permanent injury impacts.
Non-Economic Damages
- Emotional Trauma: Long-term impact on overall quality of life.
- Mental Anguish: Ongoing emotional distress and psychological suffering.
- Pain and Suffering: Physical agony, emotional pain, and lasting mental scars.
Speak With the Dow Law Firm Today About Your Right Hook Bicycle Accident Case
If you or someone close to you has been the victim of a right-hook accident in Austin, TX, our lawyers at Dow Law Firm are here to guide you through the legal process. Contact us online today or call 512-240-9951 to discover how we can fight for the compensation you justly deserve for your right-hook bicycle accident case.