How to Claim Compensation After a Bike Crash

How to Claim Compensation After a Bike Crash

Yes, you can absolutely claim compensation for a bicycle accident in Texas if someone else’s negligence caused your injuries. 

Riding a bicycle in Houston should be a source of joy, exercise, or a practical way to get around. It should not end with you lying on the pavement, injured and afraid, because of a driver’s carelessness.

We know that in the moments after a crash, your first thoughts are likely about the pain, the damage to your bike, and the shock of what just happened. The idea of a legal claim might be the farthest thing from your mind. But as the reality of medical bills, missed work, and a long recovery sets in, understanding your right to compensation for a bicycle accident becomes not just important, but essential for your future well-being.

Your Rights on the Road: Understanding Texas Bicycle Laws

One of the first things an insurance company might try to do is unfairly blame you for the accident. To fight back, it’s crucial to know that in Texas, you have clear and defined rights as a bicyclist. The Texas Transportation Code (Section 551.101) states that a person operating a bicycle has the same rights and duties as a driver of a motor vehicle.

What does this mean for you?

• You Have a Right to Be on the Road: With a few exceptions (like most limited-access highways), you have the right to ride on public roads. Drivers must share the road with you and treat you as an equal vehicle.
• Drivers Owe You a "Duty of Care": Every driver has a legal obligation to operate their vehicle safely to avoid harming others. This includes being aware of their surroundings, watching for vulnerable road users like cyclists, and giving them a safe amount of space when passing.
• You Have the Right of Way in Many Situations: Just like a car, if you are proceeding through a green light, have the right of way at a stop sign, or are lawfully in a lane of traffic, other vehicles must yield to you.

Of course, with these rights come responsibilities. Cyclists are also expected to obey traffic laws, such as stopping at red lights and stop signs, using hand signals to indicate turns, and using a white front light and red rear reflector or light when riding at night. However, even if you made a minor error, it does not give a driver a free pass to hit you. An experienced legal team can help sort through the details to establish who was truly at fault.

The Most Common Causes of Bicycle Accidents in Houston

Understanding how these accidents happen is the first step in proving that a driver was negligent. In our experience, most bicycle accidents are not "accidents" at all—they are preventable crashes caused by a driver's poor choices.

Some of the most common causes of serious bicycle injury claims include:

• Distracted Driving: This is a leading cause of all vehicle-related accidents. A driver who is texting, talking on the phone, adjusting the GPS, or eating is not paying attention to the road. For a cyclist, a few seconds of a driver's inattention can result in catastrophic injuries.
• Failure to Yield: Many crashes occur at intersections when drivers fail to yield the right of way. This can happen when a driver turns left in front of an oncoming cyclist or pulls out from a side street or driveway without looking properly.
• Drunk or Drugged Driving: An impaired driver has slowed reaction times, poor judgment, and blurred vision, making them a significant threat to everyone on the road, especially cyclists who lack the protection of a two-ton steel frame.
• Speeding or Aggressive Driving: Drivers who are speeding have less time to react and stop. Aggressive maneuvers, like tailgating a cyclist or making unsafe lane changes, can easily lead to a devastating collision.
• "Dooring" Accidents: In urban areas like Houston, a common and dangerous incident involves a driver or passenger opening a car door directly into the path of an oncoming cyclist without checking first.
• Unsafe Passing: As mentioned above, Texas law requires drivers to give cyclists a safe amount of room when passing. When they pass too closely, they can sideswipe the rider or create a wind gust that causes the cyclist to lose control.

In each of these scenarios, the driver failed to uphold their duty of care, and their negligence is the direct cause of your injuries. This forms the legal basis for your bicycle accident worth compensation claim.

Economic Damages

These are the direct, calculable financial losses you have suffered because of the bicycle accident. They are meant to reimburse you for every dollar you have lost or had to spend. This includes:

• All Medical Expenses: This is more than just the initial emergency room bill. It covers the ambulance ride, hospital stays, surgeries, doctor’s visits, prescription medications, physical and occupational therapy, chiropractic care, and any medical devices like crutches or a wheelchair. It also includes the cost of any future medical care you will likely need.
• Lost Wages: If your injuries prevent you from working, you are entitled to compensation for the income you have lost. This includes salary, hourly wages, overtime, and any bonuses or commissions you missed out on.
• Loss of Future Earning Capacity: If your injuries are permanent and you are no longer able to work in the same capacity as before—or at all—you can claim compensation for this loss of future income. This is a complex calculation that often requires the help of financial experts.
• Property Damage: This covers the cost to repair or replace your bicycle, helmet, cycling computer, phone, clothing, or any other personal property that was damaged in the crash.

Non-Economic Damages

These damages are intended to compensate you for the intangible, human losses that don’t have a precise price tag but are just as real and devastating. These include:

• Pain and Suffering: This compensates you for the physical pain, discomfort, and general suffering you have endured from the moment of impact through your recovery.
• Mental Anguish: An accident is emotionally traumatic. This covers the anxiety, depression, fear, sleepless nights, and post-traumatic stress disorder (PTSD) that often follow a violent crash.
• Physical Impairment or Disfigurement: If your injuries have resulted in a permanent limp, loss of mobility, significant scarring, or amputation, you may be compensated for this lifelong change to your body.
• Loss of Enjoyment of Life: Perhaps you can no longer ride your bike, play with your children, participate in hobbies, or enjoy life in the same way you did before the accident. This compensation acknowledges that loss.

Wrongful Death

Tragically, some bicycle accidents are fatal. If you have lost a loved one in a bicycle crash, surviving family members may be able to file a wrongful death claim. This can help recover damages for medical and funeral expenses, lost income the deceased would have provided, and the profound loss of companionship, guidance, and love.

The Insurance Company's Goal: The Challenge of Comparative Fault

In an ideal world, the at-fault driver's insurance company would see the facts and offer a fair settlement that covers all your damages. Unfortunately, that is rarely the case. Their primary goal is to protect their profits by paying as little as possible.

One of their main tactics in Texas is to use the legal doctrine of "Modified Comparative Fault," also known as the 51% Bar Rule.

Here’s how it works: A jury will assign a percentage of fault to everyone involved in the accident. Your final compensation award is then reduced by your percentage of fault. For example, if you are found to be 20% at fault, your award will be reduced by 20%.

Here’s the critical part: If you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation at all.

Insurance adjusters know this rule inside and out. They will look for any reason to shift blame onto you, no matter how small. They might claim you weren’t visible enough, that you swerved unexpectedly, or that you weren’t in a designated bike lane, even when one wasn't required. 

This is why having a strong advocate on your side is so critical. A skilled legal team can gather the evidence, from police reports, witness statements, and accident reconstruction experts, to build a powerful case that clearly establishes the driver’s negligence and protects you from unfair accusations of fault.

Answers to FAQs About Bicycle Accident Claims

We know you likely have many more questions about your specific situation. Below, we’ve answered a few of the most common concerns we hear from injured cyclists.

How long do I have to file a bicycle accident claim in Texas?

In Texas, the statute of limitations for most personal injury cases, including bicycle accidents, is two years from the date of the accident. While this may sound like a long time, it is crucial to act much sooner. Building a strong case requires gathering evidence, interviewing witnesses, and consulting with experts, all of which becomes more difficult as time passes. Evidence can be lost, and memories can fade. Furthermore, there are some exceptions that can make the deadline even shorter, so it is always best to speak with a legal professional as soon as possible to protect your right to claim compensation.

What if the driver who hit me had no insurance or fled the scene?

This is a frightening and unfortunately common situation. If the driver who caused your accident was uninsured or fled the scene in a hit-and-run, you may still have a path to financial recovery through your own auto insurance policy. Your policy may include Uninsured/Underinsured Motorist (UM/UIM) coverage. This is a type of coverage that steps in to protect you in these exact scenarios. It can apply even though you were on your bicycle and not in your car at the time. An experienced attorney can help you review your own insurance policy to see if you have this valuable coverage and can handle the entire process of filing a UM/UIM claim on your behalf.

Can my claim be denied because I wasn't wearing a helmet?

While wearing a helmet is always the safest choice, Texas state law does not require adult cyclists (over 18) to wear one. Therefore, the simple fact that you weren't wearing a helmet cannot be used to deny your claim entirely. However, you should be aware that the at-fault driver's insurance company will likely try to use it against you. They will argue that your failure to wear a helmet contributed to the severity of any head injuries you sustained. This is a comparative fault argument designed to reduce the amount they have to pay you. It does not, however, excuse the driver’s negligence for causing the crash in the first place, and you can still claim full compensation for all of your other injuries.

If You've Been Hurt. We Can Help.

Dealing with a bicycle accident claim while trying to heal from your injuries is a monumental task. This is where having the right partner becomes essential, someone who can handle the legal burdens so you can focus on what truly matters: your recovery.

At Suits & Boots Accident Injury Lawyers, we are a different kind of personal injury firm, founded right here in Houston by two brothers, Jas and Kip Brar. After years in the legal field, we grew tired of seeing other firms offer subpar service and put profits before people. 

We combine the tireless WORK of the BOOTS—digging deep, investigating every detail, and preparing your case for war—with the courtroom SKILL of the SUITS—using sophisticated negotiating and trial techniques to fight for every penny.

The path to recovery starts with understanding your options. Claim or start your free Investigation with our team today by calling us at (713) 489-0922 or reaching out through our online form. Let us help you heal, recover, and move forward with dignity and financial security.