Liability In A Child Bicycle Accident

Posted: December 31st, 2012 | Author: Austin-Personal-Injury-Blog
Categories: Personal Injury

Automobile drivers are expected to implement reasonable care when on the road regarding those on bicycles. This level of care increases when children are involved. This is especially important to consider because a majority of bicycle accidents with motor vehicles involve children, who in turn are held to a much lower expectation of care while riding a bicycle.

In bike accident cases involving an automobile, the liability of the driver is dependent upon whether they caused the accident by being negligent. In other words, the driver is expected to exercise reasonable care when sharing the road with a cyclist. When that cyclist is a child, the amount reasonable care a driver must exercise increases.

An example of such a situation is that a driver should reasonably expect that a young child riding their bike might get frightened if a driver approaches too quickly, or that a child may cross into the road all of a sudden. If a driver knows, or expects that children may be present they are expected to pay closer attention, and be prepared to stop.

In many types of injury cases, defendants in bicycle accident lawsuits often claim that the bicyclist’s negligence caused or contributed to the accident. However, children on a bicycle are held to a lower standard, and although states may vary, there are general doctrines most jurisdictions follow.

Under the “tender years” doctrine, most hold that children up to four years old in many places are unable to exercise care for their own safety and the safety of others. For example, when there is a bicycle accident involving a child of 3 years of age, a driver cannot argue that the child contributed to the negligence that caused the accident.

Between the ages of four and fourteen, many states apply a presumption that the child is incapable of contributory negligence. A defendant can refute this assumption, but must demonstrate that under the situation in question, the child was capable of exercising care for their own safety.

At Zinda & Davis PLLC, we understand the laws that pertain to bicycle riders of all ages. We have successfully represented many cyclists over the years, obtaining excellent cash awards for them. It’s important for you to obtain professional legal counsel right away when you’ve been involved in an accident with a motor vehicle. Our legal team will go to work immediately gathering all the facts and information about the accident. We work aggressively on your behalf to assist you in getting the compensation you need for all medical bills, bike repair, lost wages and other miscellaneous expenses.


Zinda & Davis, PLLC Bicycle Injury Website

Posted: February 16th, 2012 | Author: Austin-Personal-Injury-Blog
Categories: HomePage

Have you recently been involved in a bicycle accident?

Zinda & Davis PLLC, your Texas bicycle accident attorney, provides proven experience to those who need an aggressive bicycle accident lawyer. They understand the law as it pertains to accidents involving bicycles and motorcycles. Insurance companies may stall you. They may offer low settlement amounts. They may try to say that the accident was your fault.

In most cases, accidents involving bicycles are caused by drivers who are preoccupied and simply don’t see you. But the insurance companies can turn this around and try to show that you were somehow at fault. That’s why you need a professional bicycle attorney who has vast experience and knows the law as well as insurance company tactics.

With millions of dollars in settlements for our clients, Zinda & Davis will provide you with expert legal representation. Without a good, strong legal team on your side, the insurance company may try to lowball you. They just want to give you enough to get you out of their hair. Once they realize that you have a solid Texas legal team on your side, they’ll quickly change their tune.

At Zinda & Davis, we go to work on your behalf right away and we go the extra mile for our clients. We will protect your rights. Our investigators gather all the evidence so we can build the strongest possible case. You may be worried about who is going to pay mounting medical bills, lost wages, and your pain and suffering. Stop worrying and hire Zinda & Davis PLLC today!

Zinda & Davis PLLC works hard to make sure you are fully compensated for all damages to your bicycle and gear, plus all medical bills, lost wages and pain and suffering. As our client, you are more than just a file number; you are family and our staff and attorneys are accessible when you have questions concerning your case.

If you or a loved one has been involved in a bicycle accident, why not contact Zinda & Davis today? We will evaluate your case free of charge.

Choose aggressive, persistent legal representation if you want results. Choose Zinda & Davis PLLC, your Texas bicycle injury lawyers.

Zinda & Davis PLLC
Skilled Texas Bicycle Injury Attorneys


Filing a Personal Injury Claim

Posted: October 10th, 2011 | Author: Austin-Personal-Injury-Blog
Categories: Uncategorized

If you have been injured due to another’s negligence in Austin, Texas or the surrounding areas, it is not only your right but also your responsibility to fight back and seek justice.

Here at Heselmeyer Zinda & Davis, PLLC, our legal team works with injured victims on a daily basis, helping them establish negligence and fault, and filing a personal injury claim.


Home Page Addresses

Posted: October 5th, 2011 | Author: Austin-Personal-Injury-Blog
Categories: Home Page Address

All meetings with attorneys by appointment only

Round Rock
(Principal Office):
108 E. Bagdad, Ste. 300
Round Rock, Texas 78664
Phone: (512) 246-2224
Toll Free: 800-863-5312

Downtown Austin:
100 Congress Avenue
Suite 2000
Austin, Texas 78701
Phone: (512) 246-2224
Toll Free: 800-863-5312

Northwest Austin:
7000 North Mopac Expressway
2nd Floor
Asutin, Texas 78731
Phone: (512) 551-0398
Toll Free: 800-863-5312

Round Rock
(IH-35 & R.R. 620):
108 E. Bagdad, Ste. 300
Round Rock, Texas 78664
Phone: (512) 246-2224
Toll Free: 800-863-5312

Dallas-Highland Park Village:
100 Highland Park Vilage
Suite 200
Dallas, Texas 75205
Phone: (214) 390-6249
Toll Free: 800-863-5312

Fort Worth:
777 Main Street
Ft. Worth, Texas 76102
Phone: (214) 390-6249
Toll Free: 800-863-5312

Plano:
701 E, 15th St.
Suite 102
Plano, Texas 75074
Phone: (214) 390-6294
Toll Free: 800-863-5312


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