On this page
Do you have a bicycle accident case?
If a driver's negligence caused your crash while you were riding in Travis or Williamson County, you have a case. Texas treats bicyclists as having the same rights and duties as drivers under Tex. Transp. Code Chapter 551, and the two-year deadline under §16.003 is the same as for any motor-vehicle claim. What's different is the local-ordinance overlay — Texas has no statewide three-foot passing law, but Austin does — and the visibility and credibility battles that come from the size disparity between vehicles and bicycles.
We handle bicycle crash representation across Austin and the surrounding counties. The pages that follow walk through the Texas-specific rules and Austin's vulnerable-user ordinance, the e-bike classification framework, the geography that shapes where these crashes concentrate per Vision Zero data, and the process from first call through resolution.
What to do in the next 24 hours
Before anything else, before calling any attorney:
- Get medical attention today. Bicycle riders sustain delayed-onset injuries — concussion, soft-tissue, internal — at higher rates than vehicle-occupant crashes. A same-day medical record is the difference between a documented injury and an insurance defense built around delay.
- Photograph the bike, the helmet (if worn), and the gear at the scene. Impact marks tell the physics story. Helmet condition is part of the no-helmet-bias defense; impact patterns matter. Aftermarket modifications matter for valuation.
- Document the road conditions. Gravel, seams, potholes, glass, oil, debris. Surface conditions that contribute to bicycle crashes have short evidentiary half-lives. Photograph wide shots showing the road, lane markings, and sight lines from each direction.
- Document the bike-lane condition where you were riding. If a lane was blocked by parked vehicles, construction debris, or signage, photograph it. Defense counsel will argue you should have been in the lane.
- Get every witness's contact info. Bicycle cases turn on independent witnesses more than passenger crashes. Names, phone numbers, what they saw, where they were standing.
- Preserve the helmet, the bike, and any GPS/ride-tracking data. Strava, Garmin, smartwatch — corroborates position, speed, timing. Don't reset the device; export the ride file.
- Don't talk to the at-fault driver's insurer. A recorded statement is rarely in your interest. Get advice first.
None of the above requires an attorney. It costs nothing.
What makes a Texas bicycle case different
Three issues shape every bicycle case in Texas, and each affects strategy from the first conversation.
Texas has no statewide three-foot passing law; Austin does. The proposed statewide three-foot passing bill (HB 827, 81st Legislature, 2009) passed both chambers but was vetoed by Governor Rick Perry on June 19, 2009, and has not been re-enacted. The state-level rule today is Tex. Transp. Code §545.053, which requires only a "safe distance" without specifying feet. Inside the City of Austin, City Code §12-1-35 (Vulnerable Road Users) sets a numeric standard: a minimum of three feet for passenger cars and light trucks, six feet for trucks and commercial motor vehicles. Cases inside Austin city limits can rely on §12-1-35 for the numeric standard; cases outside city limits run on the more general state-level safe-distance rule. Establishing the location of the crash relative to City limits is an early evidentiary step.
E-bike classification under Tex. Transp. Code §664.001. Effective September 1, 2019, Texas defines three e-bike classes: Class 1 (pedal-assist, maximum assisted speed of 20 mph), Class 2 (throttle-assist, 20 mph), and Class 3 (pedal-assist, more than 20 mph but less than 28 mph). Section 664.004 requires Class 3 e-bikes to carry a speedometer. Tex. Transp. Code §551.106 lets local authorities restrict e-bike operation in specified contexts — whether a specific path or trail allows Class 3 access depends on the local regulation, not a statewide rule. Where the rider was operating relative to the class's allowed facilities can become a comparative-fault issue. The class is documented on the manufacturer's label affixed to the bike — preserving the bike with that label intact is part of the case file.
The credibility disparity. Drivers in bicycle crash cases routinely claim "I didn't see the cyclist" — and juries sometimes credit that defense. The work is to anchor the case in physical evidence: sight-line analysis, traffic-control review, lighting conditions, the rider's lane position, the rider's gear (high-visibility gear weakens the "didn't see" defense), independent witnesses, and any surveillance footage from City traffic cameras or adjacent private businesses. Cases that rely solely on the rider's testimony against the driver's testimony are harder to win even when the rider is in the right.
Texas law that governs recovery
The statutory and case-law framework most often invoked in a Texas bicycle crash case:
- Tex. Civ. Prac. & Rem. Code §16.003 — two-year statute of limitations for personal injury and wrongful death.
- Tex. Civ. Prac. & Rem. Code §33.001 — modified comparative responsibility; recovery barred when claimant fault exceeds 50 percent (the 51 percent bar).
- Tex. Transp. Code Chapter 551 — gives bicyclists the same rights and duties as drivers.
- Tex. Transp. Code §545.053 — state-level "safe distance" rule (no specified feet).
- Tex. Transp. Code Chapter 664, §664.001 — e-bike Class 1/2/3 classification (effective September 1, 2019).
- Austin City Code §12-1-35 — Vulnerable Road Users ordinance; three-foot minimum for passenger cars and light trucks, six-foot minimum for trucks and commercial motor vehicles.
- Tex. Ins. Code §1952.101–§1952.110 — UM/UIM coverage requirements; applicable to bicyclists struck by uninsured/underinsured drivers.
- Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011) — paid-or-incurred rule limiting past medical recovery.
Where Austin bicycle crashes happen
The geography of bicycle crashes in Austin is documented and concentrated. The City's Vision Zero High-Injury Network identifies the corridors where serious-injury and fatal bicycle crashes cluster. Lance Armstrong Bikeway and Shoal Creek Boulevard carry significant commuter volume; the Veloway in southwest Austin draws recreational riders. Cesar Chavez and East Riverside crossings of I-35 are concentrated conflict points. Central-Austin lane gaps where dedicated infrastructure ends and shared roadway begins are a recurring crash pattern, particularly along South Lamar approaching downtown and on East 7th between I-35 and Pleasant Valley.
For corridors operated by TxDOT (most of I-35 frontage, US 183, US 290, SH 71), TxDOT design-immunity defenses are real and need to be addressed early. Verifying which sovereign owns the segment at the point of impact determines which TTCA framework applies and which notice deadline runs.
Trauma response in central Austin runs through Dell Seton Medical Center; East Austin and downtown also feed Ascension Seton Medical Center. North-Travis and Williamson crashes feed St. David's Round Rock or Baylor Scott & White Round Rock. EMS run sheets and trauma center records establish injury severity and the sequence of events.
What is recoverable
Texas damages categories in bicycle crash cases include:
- Past and future medical care — hospital, surgical, rehabilitation, future-medical projection where injuries are catastrophic. Past medical is limited to amounts actually paid or owed under Haygood v. De Escabedo.
- Past and future lost earnings, including loss of earning capacity.
- Physical pain and suffering, past and future.
- Mental anguish.
- Physical impairment.
- Disfigurement — scarring from road rash, surgery, or fixation hardware is common in bicycle crashes.
- Loss of consortium — for spouses and certain family members.
- Property damage to the bike, gear, helmet, and electronics — replacement value rather than repair where the bike is totaled.
- Exemplary damages under Tex. Civ. Prac. & Rem. Code §41.003 — available where the defendant's conduct rises to gross negligence (e.g., DUI, excessive speed in a school zone, running a stop sign at speed). Caps under §41.008 apply.
What the process looks like
Four phases:
Phase 1: investigation and notice (weeks 1-6). Medical records intake, scene preservation, witness interviews, surveillance and traffic-camera preservation requests, ride-data export from any GPS/Strava/Garmin device. If the City of Austin or TxDOT is a defendant on a roadway-design or signal-phase theory, the 45-day Charter art. XII §3 affidavit-verified notice (City) or §101.101(a) six-month notice (state) is the immediate priority.
Phase 2: building the case (months 1-6). Medical recovery, accumulating bills, designating treating providers, retaining a reconstruction analyst when the crash mechanism is contested. In sight-line or visibility cases, retaining a human-factors analyst. Preservation of the bike for impact-pattern analysis.
Phase 3: pre-suit negotiation OR filing (months 6-18). Cases that resolve pre-suit do so in this window. Cases that don't get filed in the appropriate district court (Travis or Williamson). Discovery, depositions, designation of retained witnesses on roadway design, traffic engineering, or human-factors visibility.
Phase 4: trial OR settlement (months 14-28). Mediation typically 60-90 days before trial. The trial calendar drives meaningful settlement leverage.
Why this firm
Direct attorney access. When you call us, you reach an attorney, not an intake coordinator routing you to a paralegal. Anselmo Aguirre handles your case personally — intake, investigation, negotiation, and trial.
Smaller caseload than the firms that advertise on the freeway. We turn down cases for conflict, for fit, and when another firm is a better match for the facts. The cases we take get attention, not assembly-line treatment.
Real Texas-specific work. Statutes by section, hospitals by name, courts by location. The pages on this site are the firm's own analysis, reviewed by Anselmo Aguirre — not borrowed from a content mill.
Frequently asked questions
- Does Texas have a three-foot passing law for bicycles?
- Not at the state level. The proposed statewide three-foot passing law (HB 827, 81st Legislature, 2009) was vetoed by Governor Rick Perry and has not been re-enacted. The state-level statute is Tex. Transp. Code §545.053, which only requires a 'safe distance' without specifying feet. Austin has its own ordinance: City Code §12-1-35 requires drivers to pass at a minimum of three feet for passenger cars and light trucks, six feet for trucks and commercial motor vehicles. Cases inside the City of Austin can rely on §12-1-35; cases outside city limits run on the more general state-level safe-distance rule.
- I was hit on an e-bike. Does that change anything?
- It depends on the class of e-bike and where you were riding. Tex. Transp. Code §664.001 (effective September 1, 2019) defines three classes: Class 1 (pedal-assist, maximum assisted speed of 20 mph), Class 2 (throttle-assist, 20 mph), and Class 3 (pedal-assist, more than 20 mph but less than 28 mph). Section 664.004 requires Class 3 e-bikes to be equipped with a speedometer. Tex. Transp. Code §551.106 lets local authorities (including the City of Austin) restrict e-bike operation in specified contexts; whether a particular path or trail allows Class 3 access turns on the local regulation, not a statewide rule. Whether the rider was operating consistent with the class's allowed facilities can become a comparative-fault issue. Document the class designation on the bike (manufacturer label) before the bike leaves your custody.
- I was riding outside a bike lane when I was hit. Was I in the wrong?
- Not automatically. Texas law treats bicyclists as having the same rights and duties as drivers under Tex. Transp. Code Chapter 551. Riding outside a bike lane is permitted in many circumstances — including avoiding hazards, preparing for a left turn, or where the bike lane is unusable. Defendants will routinely argue you should have been in the bike lane. Documenting the lane condition (debris, parked vehicles, construction, dooring zone) is the answer.
- I'm not wearing a helmet. Does that hurt my case?
- Helmets are not required for adult riders in Austin. Some local jurisdictions have helmet ordinances for minors. Texas case law has been inconsistent on whether non-helmet evidence is admissible when injuries are not head-related. Defense counsel routinely raises non-helmet evidence under §33.001 comparative fault. The work in your case starts with the admissibility motion and runs through how the jury hears it if it comes in.
- What if the driver fled the scene?
- Hit-and-run bicycle cases turn on uninsured/underinsured motorist coverage. Tex. Ins. Code §1952.101 et seq. allows UM/UIM benefits to apply when the at-fault vehicle is unidentified, subject to the physical-contact requirement of Tex. Ins. Code §1952.104(3). Surveillance from City of Austin traffic cameras and adjacent private businesses is critical and overwrites quickly — preservation requests go out the first day. Ride-data from a Strava, Garmin, or smartwatch GPS log can corroborate position and timing.
- Are bicycle damages typically higher per case?
- Per crash, yes — bicycle riders sustain more severe injuries on average than vehicle occupants. There is no airbag, no crumple zone, no seatbelt. Higher injury severity translates to higher medical bills, longer recovery, more significant lost wages. Section 33.001's comparative-fault percentages have outsized effects on net recovery when absolute damages are large; even modest fault percentages reduce recovery materially.
- What's the deadline to file?
- Two years from the date of the crash for ordinary defendants under Tex. Civ. Prac. & Rem. Code §16.003. Wrongful-death claims accrue from the date of death. Claims against the City of Austin or TxDOT are subject to the Texas Tort Claims Act notice requirements: 45 days of written affidavit-verified notice for City of Austin under Charter art. XII, §3; six-month statutory notice for state defendants under §101.101(a) where no charter shortens it.