Guide to Texas Bicycling Accidents

Cyclists are hardly protected from the dangers of the road in the Lone Star State

Texas is teeming with bicyclists, especially in large cities like Houston, Dallas, San Antonio and Austin where many Texans rely on bicycles as their primary form of transportation.

Unfortunately, bicycles don’t provide riders with nearly as much protection as motor vehicles, and bicycle accidents often result in serious injuries and even death.

If you’ve been in a bicycle accident, you may be able to receive compensation for your injuries by filing a personal injury or wrongful death claim.

Common causes of bicycle accidents

Bicycle accidents can be caused by several factors, including potholes, defective bicycle parts, and poor weather. However, most bicycle accidents are caused by some form of negligence, either on behalf of the bicyclist or another driver.

These most common examples of biker or driver negligence include:

• Pulling out of an intersection in front of a vehicle or bicycle
• Driving distracted
• Driving under the influence of drugs/alcohol
• Running a red light or ignoring a stop sign
• Failing to yield at an intersection
• Passing on the right
• Riding in a vehicle's blind spot and failing to check blind spots when changing lanes
• Failing to drive in the designated bicycle lane

Texas bike laws

In the majority of circumstances, bicycles are considered vehicles and subject to most of the same traffic laws (and have the same rights). This means stopping at stop signs and traffic lights, yielding when required, and taking reasonable care to avoid acts that may injure others on the road.

However, Texas has some specific laws for bicyclists that, when violated, can be grounds for negligence. Most of these laws can be found in Chapter 551 of the Texas Transportation Code and include:

• Bicyclists must ride on the right side of the road as close to the curb as possible, except when safely passing a vehicle or turning left
• Bicyclists are prohibited from riding on the sidewalk
• Bicyclists must use arm signals when turning
• Bicyclists must have a white light on the front and a red reflector or red light on the rear of their bicycle when riding at night
• A person may not use a bicycle to carry more people than the bicycle is designed or equipped to carry
• A person operating a bicycle may not carry any object that prevents the operator from keeping at least one hand on the handlebars

What if I’m partially responsible?

Texas is a modified comparative fault state. This means that if you’re partially responsible for your accident, the damages you can collect are reduced by your percentage of fault. What’s more, if you’re more than 50% at fault, you’re prohibited from recovering any damages.

For example, if you’re riding your bike on the wrong side of the road and the driver of a parked car opens their car door and hits you, the court might decide that you were 40% at fault and the driver was 60% at fault. In that case, you would only be able to recover 60% of your total damages.

On the other hand, if the court determined that you were 60% at fault and the driver was 40% at fault, you wouldn’t be able to recover any of your damages.

What should you do following a bicycle accident?

First things first, knowing how to respond in the event of an accident can be crucial to receiving proper care and building a strong personal injury case.

If you find yourself in a bicycle accident, you should:

• Contact emergency services. Your health should be your first priority. Contact emergency services if you or anyone else at the scene is injured.
• Gather evidence. If you’re able, take pictures of the scene from as many angles and distances as you can. You should also write down the names and contact information of anyone involved in the accident and all witnesses who saw the accident.
• Visit a physician. Bicycle accident injuries can show up days or even weeks after the accident. Be sure to visit a doctor even if you don’t think your injuries are severe. Physicians can provide documentation of your injuries to help support your case later on.
• Collect and keep documentation. Keep copies of the police report, any medical documentation or bills, any pictures, and witness statements in a safe place.
• Contact an attorney. Attorneys who are experienced with bicycle accidents can help determine who was at fault and how much compensation you’re entitled to.

Good luck and stay safe out there!

Sources:
NHTSA, Bicyclists and Other Cyclists
Share the Road Texas

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