Who’s At Fault and How Many Liable Parties Are There?

The first issue that must be properly assessed in any personal injury or wrongful death case is liability. Who is responsible for the accident that has caused serious injury or death? Contrary to what many are thinking, by definition, bicyclists do not necessarily have the right-of-way on a Texas road.

Our state right-of-way law’s can often be complex and highly contextualized. So an experienced defense attorney will try to utilize these laws’ lack-of-clarity to their client’s benefit. However, we’ve learned through extensive experience the right way to litigate such cases based on the facts revealed by our thorough investigations and the rules of the law. Both can work against a defense lawyer’s” shell-game” arguments by providing relevant evidence which places the burden of liability where it belongs: the defendant’s lap.

Furthermore, due to the many ways in which pedestrian and bicycle accidents can happen in Texas, it is not unusual to have multiple defendants who may be forced to share in the liability for the accident that seriously injured you or took the life of a loved one. For example, drunk driving accidents that kill innocent bicyclists may have the driver as a defendant, as well as a negligent alcohol-serving establishment if the driver had been over-served past intoxication at that bar or restaurant before the drunk driving pedestrian accident occurred. If that happens, the bar or restaurant is legally liable through the Texas Dram Shop Act.

As another example, an 18-wheeler (or any commercial vehicle) that strikes a bicyclist would likely include the driver as a defendant, in addition to the driver’s employer. The legal term for such a civil suit is known as “respondent superior,” which establishes that employers are responsible for the actions of their employees while they are at work. In such instances, enlisting the help of an experienced and well-rounded personal injury attorney can help bring all liable parties to justice. Our attorneys have over two decades of experience in all forms of personal injury and wrongful death, including those involving cyclists and pedestrians.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.