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There are few things more terrifying than riding your bike alongside traffic and realizing the driver next to you doesn’t see you or simply isn’t paying attention. For cyclists, there is very little protection between their bodies and the big ol’ vehicle coming at them, which is why bicycle accidents often result in serious injuries. If this happened to you, a Texas bicycle accident lawyer can help you understand your legal options and pursue the compensation you deserve.
If you were hit while riding your bike in Texas, you may be dealing with physical pain, medical bills, time away from work, and uncertainty about what comes next. It can be a scary time, but with the right support from a bicycle accident lawyer, you can pursue compensation when a negligent driver causes a crash. Our injury attorneys based in Austin handle the investigation on your behalf, keep you informed throughout the process, and relentlessly pursue justice for you, so you can focus on recovery.
Here’s what you should know about your legal options after a bicycle accident in Texas.
Under Texas law, a bicycle is considered a vehicle, which means bicyclists have the same rights and responsibilities as drivers of motor vehicles. Drivers are expected to operate safely around cyclists, maintain awareness, and leave enough room when passing.
Yet many bicycle accidents occur because drivers fail to pay attention or fail to safely share the road. Common causes of bicycle accidents include:
Even if a driver claims they “didn’t see” the cyclist, that does not excuse liability.
After a bicycle crash, your first priority should always be your health. Even if you initially feel fine, it’s important to seek medical attention as soon as possible. Adrenaline can mask pain, and delayed treatment can make both recovery and the legal process more difficult later.
A concern for some riders is insurance. Even if you don’t have health insurance, you may still have options for obtaining treatment. Our attorneys at McKinney Vos can help negotiate what is called a Letter of Protection (LOP), which is a written agreement stating that your bills will be paid later (once your case settles), so you can start treatment without upfront costs.
If another party caused the accident, you may be able to pursue compensation for damages related to your injuries and losses.
Depending on the circumstances, compensation may include coverage for medical expenses, future medical treatment, lost income, reduced earning capacity, pain and suffering, physical impairment, and property damage to your bicycle and equipment.
The value of a bicycle accident claim depends on the severity of the injuries and how clearly liability can be established. Texas follows a modified comparative negligence rule, which means that an injured party can recover compensation as long as they are not more than 50% at fault for the accident. If the claimant is 50% or less at fault, their recovery is reduced by their percentage of responsibility.
One of the biggest challenges in bicycle accident cases is that insurance companies frequently try to blame the cyclist. They may argue that you were difficult to see, you entered traffic too quickly, weren’t wearing a helmet, or rode negligently.
Unfortunately, these arguments can affect the value of a claim, which is why early investigation, strong evidence, and expert representation matter so much.
If you’ve been injured in a bike accident, you want to follow similar steps that you would if it were a two-vehicle crash. Helpful actions to take include:
In legal pursuits, evidence is everything. Strong documentation early on can make a meaningful difference to your case later.
A bicycle accident can turn your life upside down in a matter of seconds. While you focus on healing, insurance companies may already be building their defense.
Level the playing field with a Texas bicycle accident lawyer on your side at McKinney Vos, PLLC. Our Austin personal injury attorneys fight aggressively to help injured cyclists throughout Texas pursue compensation and navigate the claims process with confidence.
If you or a loved one has been injured in a bicycle accident in Texas, contact our team today to schedule a free consultation and learn more about your legal options.
Q: Can I recover compensation if I was hit by a car while riding my bike in Texas?
A: Yes. If a negligent driver caused your bicycle accident, you may be entitled to compensation for medical expenses, lost income, pain and suffering, property damage, and more. Texas follows a modified comparative negligence rule, meaning you can still recover damages as long as you were not more than 50% at fault for the crash. Contact our team at McKinney Vos PLLC for a free consultation to discuss your specific situation.
Q: Do I need a lawyer for a bicycle accident claim in Texas?
A: You are not required to hire an attorney, but it is strongly advisable. Insurance companies frequently try to blame cyclists to reduce what they owe. An experienced bicycle accident attorney can investigate the crash, preserve key evidence, handle negotiations, and fight for full and fair compensation on your behalf while you focus on recovery.
Q: What if I don't have health insurance after a bike accident in Texas?
A: Lack of health insurance does not mean you can't get treatment. In many cases, your attorney can negotiate a Letter of Protection (LOP), a written agreement that allows you to receive medical care now, with the understanding that your bills will be paid from your settlement or judgment later. At McKinney Vos PLLC, we help injured cyclists access treatment even without upfront coverage.
Q: What is the deadline to file a bicycle accident claim in Texas?
A: In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. Waiting too long can result in losing your right to compensation entirely. If you were injured in a bicycle accident, contact an attorney as soon as possible so evidence can be preserved and your claim protected.
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Jessica McKinney is a Texas personal injury attorney and co-founder of McKinney Vos PLLC, representing injured Texans in Austin and throughout the state.
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