Texas Bicycle Accident? How to Pursue Maximum Compensation

First Steps After a Texas Bicycle Crash

Your actions right after a collision can significantly affect the value and viability of your claim.

• Call 911 and request police and EMS. A Texas Peace Officer’s Crash Report (CR-3) helps establish liability and insurance details.
• Get medical care immediately—even if injuries seem minor. Some injuries emerge hours or days later.
• Document the scene: photos of bike damage, vehicle positions, skid marks, debris, road defects, signage, lighting, and weather.
• Exchange information with the driver and collect witness names and contact details.
• Preserve evidence: don’t repair or discard your bike, helmet, lights, or clothing until counsel reviews them.
• Be cautious with insurers: avoid recorded statements before speaking with an attorney.

Understanding Fault: Texas Modified Comparative Negligence

Texas uses a modified comparative negligence system. Your compensation is reduced by your percentage of fault, and if you are more than 50% at fault, you generally cannot recover damages (CPRC §33.001).

Insurers may try to shift blame to cyclists with allegations like riding without required lighting at night, not obeying traffic controls, or unsafe lane positioning. Texas law requires specific bicycle lighting and reflectors at night (Transp. Code §551.104(b)), and cyclists generally must follow the same rules of the road as motorists (§551.101).

A focused investigation—scene inspection, early video retrieval, vehicle Event Data Recorder (EDR) downloads, and expert accident reconstruction—can counter blame-shifting and protect your recovery.

Common Causes and Evidence That Proves Them

Frequent crash scenarios include left-cross and right-hook turns, unsafe passing, dooring, failure to yield at intersections, distracted or impaired driving, and hazardous road conditions.

• Police report, officer bodycam, and 911 recordings
• Surveillance, dashcam, and traffic camera footage
• Vehicle EDR downloads
• Scene measurements and visibility studies
• Vehicle and bicycle inspections (impact points, paint transfer)
• Cell phone records in suspected distraction cases
• Expert testimony (accident reconstruction, human factors, biomechanics)

Available Insurance Paths in Texas Bicycle Claims

• At-fault driver’s liability insurance for bodily injury and property damage.
• Your auto policy’s UM/UIM and PIP/MedPay may apply while cycling, depending on policy language and how the crash occurred. Texas requires insurers to offer UM/UIM and Personal Injury Protection (PIP) coverage (Ins. Code §1952.101; §1952.151). Many Texas policies extend UM/UIM and PIP/MedPay to insureds injured when struck by a motor vehicle even if not occupying a car, which can include cyclists, but specific terms control (TDI guide).
• Claims involving governmental entities for road defects or negligent maintenance may be limited by sovereign immunity and special notice rules (CPRC ch. 101).
• Commercial policies if a business vehicle or on-duty driver is involved.

An attorney can coordinate benefits, evaluate whether multiple coverages may apply, and address subrogation and reimbursement issues to maximize your net recovery.

Damages You Can Pursue

Depending on the facts and proof, recoverable damages in Texas may include:

• Medical costs (ER, surgery, physical therapy, medications)
• Future medical needs and life-care planning
• Lost wages and diminished earning capacity
• Pain and suffering, mental anguish, physical impairment, and disfigurement
• Property damage (bike, gear, phone)
• Wrongful death damages for eligible family members in fatal crashes

Deadlines and Notice Requirements

• General statute of limitations: Two years for most personal injury and wrongful death claims (CPRC §16.003).
• Governmental entities: Written notice is generally required within six months of the incident (unless a city charter requires an earlier notice), subject to limited exceptions for actual notice (TTCA §101.101).

Deadlines can vary based on the parties involved and claim type. Speak with an attorney promptly to preserve your rights.

How We Maximize Your Case Value

• Rapid scene and vehicle inspections; preservation letters to drivers, businesses, and agencies
• Early video and EDR capture; Texas Public Information Act requests for agency records (Gov’t Code ch. 552)
• Retention of reconstruction, human factors, and medical experts
• Thorough damages documentation with treating providers and vocational economists
• Strategic negotiation using liability proof, policy analysis, and trial readiness
• Litigation when necessary to overcome unreasonably low offers

FAQ

Can I recover if I wasn’t wearing a helmet?

Helmet use can be argued by insurers, but lack of a helmet does not automatically bar recovery. Texas comparative negligence rules may affect damages based on evidence.

Do I have a claim if a road hazard caused my crash?

Potentially. Claims involving governmental units face immunity limits and strict notice deadlines; prompt investigation is critical.

Will my auto insurance help even though I was on a bike?

Often yes. UM/UIM and PIP/MedPay may apply depending on your policy language and how the crash occurred.

What if the driver fled the scene?

Uninsured motorist coverage can apply to hit-and-run events if policy conditions are met. Report to police immediately.

How long do I have to file?

Generally two years for injury or wrongful death, with shorter notice rules for governmental claims.

Sources

• Texas Civil Practice & Remedies Code ch. 33 (Proportionate Responsibility)
• Texas Tort Claims Act, CPRC ch. 101
• Texas Civil Practice & Remedies Code §16.003 (Limitations)
• Texas Transportation Code §551.104 (Bicycle equipment)
• Texas Department of Insurance – Consumer Guide to Auto Insurance
• Texas Insurance Code ch. 1952 (UM/UIM & PIP)
• Texas Public Information Act, Gov’t Code ch. 552

Disclaimer: This blog is for general information only, does not constitute legal advice, and does not create an attorney–client relationship. Laws change and facts matter; consult a Texas attorney about your specific situation.