Bicyclists struck by vehicles often sustain severe injuries. When such collisions are caused by negligent driving, the injured bicyclist may be able to recover damages in a civil lawsuit. Certain seemingly innocuous factual scenarios can present challenges in demonstrating fault, though, as shown in Max Nelson and Carolyn Nelson, as Co-Guardians of Matthew Nelson v. City of Plano (No. 05-21-00708-CV), a Texas case in which the court ruled that under the facts of the case the plaintiff could not show that the city waived its governmental immunity. If you or a loved one sustained injuries in a bike accident, you have the right to pursue claims against the party responsible for your harm, and you should meet with a Texas car accident attorney.
Factual Background of the Case
It is reported that the plaintiff, a man with cognitive disabilities, was riding his bicycle on a city sidewalk when he crashed into a truck driven by a city employee. The plaintiff sustained multiple fractures and internal injuries in the accident. He and his guardians subsequently sued the city, arguing that its negligence caused the accident and the plaintiff’s subsequent harm. The city filed an answer and set forth affirmative defenses, such as governmental immunity.
It is alleged that the plaintiff answered the city’s discovery requests, stating, among other things, that the plaintiff was riding his bicycle on a sidewalk owned and maintained by the city at the time of the accident and that he was solely pursuing an ordinary negligence claim against the city. Based on these statements, the city filed a plea to the jurisdiction on the grounds of governmental immunity. The court granted the plea, and the plaintiff appealed. Continue Reading