In Texas, determining who is at fault if a bicycle hits a car is rarely straightforward and often depends on the specific actions of both the driver and the cyclist. But the driver of the car can frequently be found partially or even entirely responsible. Even if your bicycle made physical contact with the vehicle, the law looks at the bigger picture to understand what actions led to the collision. That’s because the circumstances leading up to the crash matter more than the final point of impact.
The legal concept that often decides these cases is called “negligence.” In simple terms, negligence is the failure to use reasonable care, resulting in harm to another person. Proving a driver was negligent is often the key to holding them accountable.
Unpacking Fault in Texas Bicycle-Car Accidents
Texas operates under a legal rule called "proportionate responsibility," sometimes known as comparative fault. This means that a jury can assign a percentage of fault to each person involved in an accident. According to the Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not found to be 51% or more at fault for the incident.
This is critical for cyclists. Even if you are found to be slightly at fault for some reason, you may still be able to hold the driver of the car accountable for their share of the blame. Drivers of motor vehicles have a significant duty of care to watch for more vulnerable road users, including people on bicycles, pedestrians, and motorcyclists. A driver’s failure to uphold this duty is often the root cause of an accident.
Common driver errors that can lead to a car being hit by a bicycle include:
- Making an abrupt or illegal turn without signaling, cutting off a cyclist’s path.
- Failing to check blind spots before changing lanes or merging.
- Driving while distracted by a phone, GPS, or passengers, and drifting into a designated bike lane.
- Speeding or driving too fast for the conditions, reducing their reaction time.
When the Driver is Likely at Fault, even if a Bicycle Hits Them
It might seem counterintuitive, but many scenarios where a bicycle physically strikes a car are ultimately caused by the driver's actions. The law looks beyond the surface to identify the negligent act that set the dangerous situation in motion. Imagine navigating the busy streets near the Galleria; a driver's split-second decision can have devastating consequences for a nearby cyclist.
The Driver's Failure to Yield the Right-of-Way
One of the most common causes of bicycle-car collisions is a driver's failure to yield. A cyclist might have the right-of-way, but a driver pulls out in front of them, leaving the cyclist with no time to stop.
- Sudden Left Turns: A driver turning left at an intersection may not see an approaching cyclist in the opposite lane, turning directly into their path. The cyclist then collides with the side of the car.
- Exiting Driveways or Parking Lots: A driver pulling out of a shopping center or driveway might not look carefully for bicycle traffic on the sidewalk or in a bike lane, causing a collision.
- Stop Sign Violations: A driver who rolls through a stop sign can enter an intersection just as a cyclist is lawfully passing through, forcing the cyclist to crash into the vehicle.
In these cases, even though the bicycle hit the car, the driver’s failure to yield is the primary cause of the accident. Their negligence created a hazard that was impossible for the cyclist to avoid.
Distracted Driving: A Leading Cause of Preventable Collisions
Distracted driving is a menace on Houston’s roads. When a driver is looking at a text message or adjusting their radio, they are not looking at the road. A vehicle can drift several hundred feet in just a few seconds of inattention.
Consider these situations where driver distraction could make them at fault:
- A driver texting on their phone drifts into a clearly marked bike lane on a road like Washington Avenue, causing a cyclist to swerve and hit the side of the car to avoid being run over from behind.
- A driver focused on a GPS device makes a sudden, unplanned lane change without looking, forcing a cyclist into their vehicle.
According to the National Highway Traffic Safety Administration (NHTSA), thousands of people are killed in distracted driving crashes each year. When this negligence harms a cyclist, the driver should be held accountable.
The Dangers of "Dooring" in Houston
"Dooring" is a specific and dangerous type of accident that is almost always the fault of the person in the car. It happens when a driver or passenger of a parked car opens their door directly into the path of an oncoming cyclist. The cyclist has no warning and no time to react, often leading to a violent crash and serious injuries.
Whether you are riding on a quiet neighborhood street or a busy downtown corridor, dooring is a constant risk that rests entirely on the awareness of those inside the vehicle. The person opening the door has a responsibility to check for traffic, including bicycles, before doing so.
What to Do When You Are Home After a Bicycle Accident
The moments after an accident are chaotic. Once you have received any necessary medical attention and are back home, the steps you take can be crucial for protecting your health and your rights. The focus should be on recovery and gathering information.
- Document Absolutely Everything: Write down every detail you can remember about the accident. Where did it happen? What was the weather like? What did the driver say? Also, start a journal to document your injuries and your pain levels each day. Take clear photos of your injuries, your damaged bicycle, and any torn or bloody clothing.
- Preserve All Evidence: Do not repair your bicycle or throw away any damaged gear. Your helmet, clothing, and the bike itself are all important pieces of evidence that show the force of the impact. Keep all paperwork you receive, including medical bills, receipts for prescriptions, and any information exchanged at the scene.
- Stay Off Social Media: Insurance companies often look at social media accounts to find reasons to deny or reduce a claim. A simple photo of you smiling with friends could be twisted to argue that your injuries are not as severe as you claim. It is best to avoid posting anything about your accident or your recovery online.
- Be Wary of Early Insurance Company Calls: The at-fault driver's insurance company may contact you very quickly. They may sound friendly and concerned, but their goal is to protect their company's financial interests. Avoid giving a recorded statement or accepting any early settlement offer without first understanding the full extent of your injuries and legal options.
The Role of Texas Traffic Laws in Your Case
In Texas, bicycles are considered vehicles, and cyclists have both rights and responsibilities on the road. The Texas Transportation Code, Chapter 551, outlines the laws for operating a bicycle. While it's important to follow these rules, a minor infraction by a cyclist does not give a driver a free pass for their own negligence.
Here are a few key points about Texas bicycle laws:
- Cyclists are generally required to ride as far to the right in the lane as is practicable and safe.
- For nighttime riding, a bicycle must be equipped with a white light on the front and a red reflector or red light on the rear.
- Cyclists must obey all traffic signs and signals, just like any other vehicle operator.
Remember the rule of proportionate responsibility. If a driver was speeding and distracted, and a cyclist who was otherwise riding safely did not have a proper reflector at dusk, a jury would weigh both factors. They would likely find that the driver’s dangerous actions were far more responsible for causing the crash than the cyclist’s minor equipment violation.
Calculating Your Losses After a Houston Bicycle Accident
If a driver's negligence caused your accident, you have the right to seek compensation for your losses, which are known as "damages" in the legal world. This compensation is meant to help make you whole again, covering not just the tangible bills but also the intangible human cost of the crash.
Your recoverable damages may be broken into two main categories:
Economic Damages (The Financial Costs)
- All past and future medical bills (emergency room, surgery, physical therapy, medications)
- Lost wages from being unable to work
- Loss of future earning capacity if your injuries are disabling, especially in catastrophic injuries.
- The cost to repair or replace your bicycle and other damaged property
Non-Economic Damages (The Human Impact)
- Pain and suffering
- Mental anguish and emotional distress
- Physical impairment or disfigurement
- Loss of enjoyment of life (for example, being unable to ride your bike through Memorial Park or participate in other hobbies you once loved)
Calculating these damages accurately requires a thorough understanding of your injuries, your prognosis for recovery, and the total impact the accident has had on your life.
FAQs: Who Is at Fault if a Bicycle Hits a Car?
Here are some common questions we hear from cyclists in Houston after a collision with a motor vehicle.
What if I was not wearing a helmet when the accident happened?
While wearing a helmet is always the safest choice, not wearing one does not automatically make you at fault for the accident itself. The other driver’s insurance company may try to argue that your injuries would have been less severe if you had worn one, which could potentially reduce the amount of compensation for a head injury, but it does not change who caused the crash.
How long do I have to file a bicycle accident claim in Texas?
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. This means you have a two-year window to either settle your claim or file a lawsuit. It is important to act well before this deadline, as building a strong case takes time.
What happens if the driver who caused the accident was uninsured or fled the scene?
If you were injured by an uninsured, underinsured, or hit-and-run driver, you might still be able to recover compensation through your own auto insurance policy. This involves making a claim under your Uninsured/Underinsured Motorist (UM/UIM) coverage, if you have it.
Does it matter if the accident happened in a designated bike lane?
Yes, it can matter a great deal. If a driver hits you while you are lawfully riding in a designated bike lane, it provides very strong evidence of their negligence. It shows they failed to respect your designated space on the roadway and were not paying proper attention.
What if I don't remember the details of the accident clearly?
It is very common for people who have been through a traumatic event, especially one involving a head injury, to have a foggy memory of the incident. This does not ruin your case. A thorough investigation can often piece together what happened using police reports, witness statements, physical evidence from the scene, and sometimes even surveillance footage from nearby businesses.
Put the Boots on the Ground and the Suits in Your Corner
Dealing with a bicycle accident claim can feel like an uphill battle. The insurance company has a team of adjusters and lawyers working to protect their interests, and you deserve to have a dedicated advocate fighting for yours. At Suits & Boots Accident Injury Lawyers, we understand the challenges you are facing and are committed to helping you on the road to recovery.
We focus on the WORK of the BOOTS to conduct a thorough investigation and the SKILL of the SUITS to build a powerful case for fair compensation. We are here to handle the legal complexities so you can focus on healing. If you or a loved one has been injured in a bicycle accident in Houston, let us help. Claim or start your free 30-Day Investigation today by calling us at (713) 489-0922 or reaching out through our online form. We’ll offer clear, honest information about your rights and options.