Navigating Bicycle Accidents: What Texas Cyclists Need to Know

Bicycle accidents are unfortunately all too common in Texas, where cyclists often share roads with vehicles in fast-paced urban areas and scenic rural routes. With the number of people turning to cycling for commuting, exercise and recreation, understanding what to do after an accident and knowing your rights as a cyclist is essential.

This blog will answer some of the most frequently asked questions surrounding bicycle accidents in Texas, helping you stay informed and prepared.

1. What Should I Do Immediately After a Bicycle Accident?

After a bicycle accident, your immediate safety should be your primary concern. Here are the steps to take:

• Move to a Safe Area (if possible): If you’re able, move yourself and your bike out of traffic to avoid further harm.

• Call 911: Request medical assistance if needed and report the accident to the police. In Texas, any injury-causing accident requires law enforcement to document the scene.

• Gather Evidence: Document the accident by taking photos of the scene, your injuries and the vehicle(s) involved. If there are witnesses, collect their contact information.

• Seek Medical Attention: Even if you feel fine, some injuries may not be immediately noticeable.

• Contact Westbrook Law: As an experienced bicycle accident lawyer, we can help you understand your rights and navigate insurance claims.

2. Do I Have the Right to Compensation in Texas?

Yes, cyclists have the right to seek compensation for injuries and damage sustained in an accident caused by another party’s negligence. Texas follows a modified comparative fault rule, which means that you can still receive compensation if you are less than 51% at fault for the accident. The compensation amount will be reduced by the percentage of your fault.

For example, if you are found to be 20% at fault and the total damages amount to $10,000, you would receive $8,000 in compensation. A few of the things compensation can cover include:

• Medical bills
• Lost wages
• Pain and suffering

3. Who Can Be Held Liable in a Bicycle Accident?

In Texas, liability can fall on various parties depending on the circumstances. Commonly responsible parties include:

• Motorists: Drivers who fail to yield to cyclists, drive distracted or operate under the influence are often at fault.

• Municipalities: If the accident resulted from a poorly maintained road or unclear signage, the city or state might bear some liability.

• Bicycle Manufacturers: In some cases, faulty bike components may be the cause, making the manufacturer liable.

Determining liability can be complex, so it’s essential to consult Westbrook Law to help you investigate the circumstances of your accident.

4. Does Texas Require Cyclists to Wear Helmets?

In Texas, there is no statewide helmet law for adult cyclists. However, certain cities, such as Austin and Dallas, have local ordinances that require helmets for minors. Although helmets are not legally required for adults, wearing one is highly recommended as it can significantly reduce the risk of severe head injuries.

5. Can I Still Pursue a Claim if I Was Partially at Fault?

Yes, under Texas’s comparative fault rule, you may still be eligible for compensation if your share of the fault is below 51%. The compensation you receive will be reduced according to your degree of responsibility. Westbrook Law can help evaluate your case and work to minimize any potential impact of partial fault on your claim.

6. How Long Do I Have to File a Claim After a Bicycle Accident?

Texas has a two-year statute of limitations for personal injury claims, including those involving bicycle accidents. This means you have two years from the date of the accident to file a lawsuit. Missing this deadline could bar you from recovering compensation. It’s advisable to act quickly to gather evidence and consult with Westbrook Law as soon as possible after the accident.

7. What Should I Do if the Driver Doesn’t Have Insurance?

Texas requires motorists to carry liability insurance, but there are situations where the at-fault driver may be uninsured or underinsured. If the driver doesn’t have adequate coverage, you might still be able to recover compensation through:

• Uninsured/Underinsured Motorist Coverage: If you have auto insurance, your policy may include UM/UIM coverage, which can help cover damages in cases involving an uninsured or underinsured driver.

• Health Insurance: Health insurance may help cover medical expenses but be aware that insurance providers might seek reimbursement from any future settlement.

Understanding Your Rights and Options

Bicycle accidents can lead to a complex web of legal, medical and insurance challenges. Knowing your rights and the steps to take after an accident can help you protect yourself and improve your chances of a successful claim. Because each accident scenario is unique, consulting a Texas-based lawyer with experience in bicycle accidents is invaluable for protecting your rights and navigating the complexities of state laws.

We Are Here to Help

If you or a loved one has been injured in a bicycle accident, don’t hesitate to reach out to Westbrook Law for a consultation and guidance through every step of your case. Our team can guide you through the entire process, helping you understand your options and fighting for the compensation you deserve. With the right support, you can focus on healing and moving forward.