When a bicycle or pedestrian gets T-boned by a motor vehicle, the aftermath can be devastating. These serious accidents often result in traumatic brain injuries, spinal cord injuries, broken bones, or internal bleeding. Understanding the deadlines to file a bicycle or pedestrian T-bone crash lawsuit is crucial for protecting your rights and recovering compensation. If you wait too long, you may lose the legal right to pursue a personal injury claim, no matter how severe your injuries are.
This article explains the legal timelines for filing such lawsuits in states like Texas, Nevada, California, Colorado, Washington, Ohio, and Florida. We also break down the legal process, the kind of evidence you need, and the steps you should take to claim fair compensation for bicycle accident injuries or pedestrian accidents.
Understanding the Legal Deadline (Statute of Limitations)
Every state enforces a statute of limitations, which is the deadline by which you must file a personal injury lawsuit. These laws protect both plaintiffs and defendants by ensuring cases are brought while the evidence is fresh.
Here are the standard deadlines in major states:
Texas:
In Texas law, the statute of limitations for most personal injury and wrongful death claims is two years under Texas Civil Practice and Remedies Code §16.003.
California:
In California, individuals have two years to file a personal injury or wrongful death lawsuit under California Civil Procedure Code §335.1.
Nevada:
In Nevada, individuals must file personal injury or wrongful death lawsuits within two years of the incident under Nevada Revised Statutes §11.190.
Colorado:
In Colorado, individuals have three years to file a lawsuit for injuries resulting from motor vehicle accidents under Colorado Revised Statutes §13-80-101.
Washington:
In Washington, individuals have three years to file a personal injury lawsuit under Washington Revised Code §4.16.080.
Ohio:
In Ohio, individuals must file personal injury lawsuits within two years of the date the injury occurs under Ohio Revised Code §2305.10.
Florida:
In Florida, the statute of limitations for personal injury claims based on negligence is two years, as established under Florida Statute §95.11.
If your accident involved government property or a public road defect, you may have to file a claim notice within months, not years. That’s why victims must seek legal guidance immediately after the accident scene is cleared.
What Qualifies as a Bicycle or Pedestrian T-Bone Crash?
A T-bone accident occurs when the front of a vehicle strikes the side of another. For pedestrians or cyclists, this usually means a car slams into them from the side while they’re crossing an intersection or riding through a green light. These collisions often cause severe injuries.
Common Causes of Bicycle and Pedestrian Accidents
- Drivers engaging in distracted driving (texting)
- Drivers failing to yield at crosswalks or intersections
- Drivers opening car doors into cyclists’ paths (dooring)
- Drivers disregarding traffic laws
Victims of these collisions should seek medical attention immediately, even if visible injuries seem minor. Some injuries, like internal bleeding or post-traumatic stress disorder, may not manifest symptoms right away.
Why Filing on Time Matters
Failing to file a bicycle accident lawsuit or a pedestrian accident claim before the statute of limitations expires means the court will likely dismiss your case.
That makes it impossible to recover damages for:
- Medical expenses
- Lost income
- Non-economic damages, like physical pain and emotional trauma
Insurance companies often use delays against you. An insurance adjuster may argue that a delay implies your injuries weren’t serious, which could affect your ability to obtain a fair settlement. Acting promptly not only strengthens your personal injury claims but also ensures that your rights stay protected.
Steps to Take Immediately After the Crash
At the accident scene, your priority should always be safety and medical care. After seeking medical treatment, take the following actions to support your bicycle accident claim or pedestrian case:
1. Gather evidence:
Take photos, capture traffic camera footage, and note road conditions.
2. Get a police report:
Police report creates a formal record that supports your narrative.
3. Collect witness statements:
Collect witness statements by asking bystanders or other drivers for their names and contact information.
4. Preserve medical records:
Copies of medical bills help prove the extent of your physical injuries and medical costs.
Always seek medical attention, even if symptoms seem mild. Many serious injuries, such as traumatic brain injuries, spinal cord injuries, or head injuries, can worsen without prompt care.
Legal Protection Under State Traffic Laws
Most states have laws that protect cyclists and pedestrians through right-of-way provisions and designated bike lanes. When a negligent driver violates these rules and causes harm, they can be held liable.
- California Vehicle Code §21950 requires drivers to yield the right-of-way to pedestrians in marked crosswalks and unmarked crosswalks at intersections.
- Florida Statutes §316.130 gives pedestrians the right-of-way at crosswalks.
- Colorado Revised Statutes §42-4-807 requires drivers to exercise due care to avoid pedestrians.
Violating these laws can support a claim of negligence in a bicycle accident lawsuit. By showing that the driver or trucking company ignored basic traffic laws, you can more effectively prove negligence in your case.
The Claims Process and Recoverable Damages
Once you decide to take legal action, you must begin the claims process. This typically starts with an insurance claim through the at-fault party’s auto insurance provider.
Types of damages you may recover in pedestrian/bicycle accident settlements
- Medical care: Emergency room visits, surgeries, rehabilitation
- Property damage: Repair or replacement of your bicycle or belongings
- Emotional trauma: Especially when children are involved, or PTSD develops
- Lost wages: The income you missed while recovering from your injuries
In many cases, an experienced bicycle accident lawyer will negotiate with the insurance company to help you seek compensation that reflects the full extent of your harm.
When to Involve a Legal Professional
If you’ve suffered serious injuries from a bicycle or pedestrian T-bone crash, including emotional trauma, speaking with an experienced attorney can help. While the law doesn’t require it, involving a personal injury attorney often helps victims recover damages more efficiently, especially in complex or disputed cases. Delays in hiring legal help can result in missed deadlines or weak evidence.
With legal guidance from a bicycle accident attorney, you gain support for:
- Investigating the accident scene
- Gathering witness statements
- Reviewing medical treatment and documenting medical records
- Handling state-specific rules and filing deadlines
You don’t have to handle the legal process alone, especially when trying to recover compensation for painful, life-altering pedestrian/bicycle accident injuries.
Protect Your Rights Before Time Runs Out
Bicycle and pedestrian T-bone crashes can cause lasting physical and emotional harm. The legal window to take action is short, and the process can feel overwhelming when you’re juggling medical bills, lost wages, and recovery. Don’t let an expired deadline rob you of justice.
If you’ve been injured in a crash caused by a negligent driver, you deserve a path to healing and financial recovery. The law supports your right to pursue compensation, but only if you act on time. The Bourassa Law Group is here to help you explore your options, understand your rights, and pursue the maximum compensation you are entitled to. Contact us today for a free consultation.
1-800-870-8910