While bicycling is a popular form of transportation in Houston, the roadways here are often less than ideal for riders due to the lack of separation between bicycles and faster-moving traffic, traffic congestion, and dangerous driving behaviors exhibited by other roadway users, including distracted or impaired driving, speeding, and more. When an individual is injured in a bicycle accident caused by a motorist’s carelessness, they can generally file a personal injury claim against the liability coverage provided through the at-fault driver’s auto insurance policy. This is a complex process in which evidence is used to both establish liability as well as to justify the amount of compensation that is being demanded by the claim.
An experienced bicycle collision attorney from KGS Law PLLC could look at many types of evidence, including witness statements. In some cases, they may even seek the testimony of expert witnesses. Here is a look at the role of witnesses in Houston bicycle accident claims.
The Role of Eyewitnesses
To establish liability in a bicycle accident claim, the claimant and their attorney must show that the driver owed a duty of care to others on the public roadway, that this duty was breached by the driver’s negligence, and that this breach caused the accident in which the bicyclist was injured. Eyewitnesses, also referred to as “lay witnesses,” are individuals who happened to see the accident take place. These witnesses are important to a Houston bicycle collision claim because they help tell the story of what happened. They may be able to provide details such as:
- Whether the driver fled the scene
- Whether the driver ran a red light
- Whether the at-fault driver was driving erratically just before the accident
A lawyer could also investigate the accident to determine liability.
The Role of Expert Witnesses
Expert witnesses are sometimes called to clarify complex issues in a case, such as what accident reconstruction reveals about the accident, the permanence of the injuries sustained by the claimant, and the likely financial impact of those injuries. These witnesses are often experts in their field, such as doctors who specialize in treating bicycle accident injuries, or engineers and others well-versed in road hazards and accidents.
A Houston lawyer from KGS Law PLLC may seek testimony from expert witnesses in order to help clarify certain aspects of a bicycle wreck case for insurance providers looking to settle the claim or even a jury if the insurance company fails to offer a fair settlement and a lawsuit is filed. The statute of limitations for filing a lawsuit in a bicycle accident case is generally two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003.
Contact Us About the Role of Witnesses in Houston Bike Crash Cases
If you have been injured in a bicycle accident caused by a negligent driver, or even a negligent bicycle manufacturer, you likely have a lot of questions about the claims process, including the role of witnesses in Houston bicycle accident cases. Let our experienced legal team answer these questions and tell you about the services we may provide to handle your case. Contact us for a free case evaluation today.