Whether you routinely bike to work or enjoy leisurely rides on the weekends, bicycling is a great way to exercise and get fresh air. However, this activity also has risks, especially when navigating Houston’s busy streets. Despite efforts to make roadways safer for cyclists, accidents happen, often with serious consequences. Understanding Texas bicycle accident legal rights is crucial for any cyclist.
A Cyclist’s Rights and Responsibilities
In Texas, cyclists have the same rights and responsibilities as motor vehicle drivers. This means you’re entitled to use the road, but you must obey traffic laws and signals. Despite adhering to these rules, cyclists often find themselves in accidents primarily caused by drivers who fail to share the road responsibly. Common causes of bicycle/car accidents include:
- Driving at unsafe speeds
- Ignoring traffic signals
- Failing to yield the right of way
- Driving under the influence
Legal Protections for Cyclists
Texas law requires motorists to operate their vehicles cautiously and respect cyclists’ rights to the road. This includes maintaining a safe passing distance, as stipulated in Houston’s Safe Passing Ordinance. This ordinance requires drivers to stay at least three feet away from cyclists when passing. Despite these protections, accidents still occur, leading to injuries that range from minor to life-altering.
Dealing with Insurance After an Accident
Texas operates under a “modified comparative negligence” insurance system. If a driver’s negligence causes an accident, their insurance is generally responsible for covering the damages. Even if you’re partly to blame, you may pursue damages, provided you’re 50% or less responsible for the collision.
Proving fault in the aftermath of a Texas bike accident can be complicated. There’s also the possibility of hit-and-run incidents or insufficient insurance coverage on the part of the at-fault driver. In these cases, you may seek compensation through your insurance if you have uninsured/underinsured motorist coverage.
Seeking Compensation for Bicycle Accidents in Texas
Bike accident victims can pursue compensation for various losses. These include:
- Medical expenses, including ambulance fees, hospital bills, medication, surgery, medical devices, physical therapy, and mental health services
- Lost wages and lost future income
- Pain and suffering associated with chronic pain
- Emotional distress and PTSD
- Property damage, including damage to your bicycle
The Importance of Prompt Legal Action
Bicycle accident law stipulates that you act quickly after an accident. The statute of limitations for filing a lawsuit is generally two years from the date of the accident. However, the sooner you consult an attorney, the better your chances of preserving crucial evidence and building a strong case.
How Nava Law Group Can Help
If you’ve been in a bike accident in Houston, reach out to Nava Law Group. We have over 150 years of combined legal experience and a track record of recovering over $1 billion in compensation for over 40,000 injury victims and their families. Our dedicated bicycle accident attorneys offer personalized legal strategies to help you win your case, whether in or out of the courtroom. When you’re ready to fight for the compensation and justice you deserve, please call 713.661.9900 to schedule a free consultation at one of our offices in Houston, Bellaire, Edinburg, or Austin, TX.
