A car versus a bicycle is never a fair fight, and the aftermath often isn’t either: a replaced bike, mounting medical bills, and a driver’s insurer that assumes you were somehow “in the way.”
Austin has specific passing-distance laws that most drivers ignore. George Salinas Injury Lawyers forces them to pay attention. We serve injured cyclists across Austin in English or Spanish, with no fee unless we win.
Call (512) 851-1004 today for a free, 24/7 case review.
Resources On This Page
- Do You Need a Lawyer After a Bicycle Accident in Austin?
- Texas and Austin Bike Laws That Affect Your Claim
- Can Not Wearing a Helmet Hurt My Claim?
- Who Can Be Held Liable for an Austin Bicycle Accident?
- Compensation You Can Recover After a Bicycle Accident
- The Cost of Hiring an Austin Bicycle Accident Lawyer
- How Long Do You Have to File a Bicycle Accident Claim in Texas?
- What to Do After a Bicycle Accident in Austin
- Why Austin Cyclists Choose George Salinas Injury Lawyers
- Ask George Salinas Injury Lawyers
- Frequently Asked Questions
- Schedule Your Free Consultation
Do You Need a Lawyer After a Bicycle Accident in Austin?
Often, yes, especially if you needed medical care or missed work. Drivers cause the large majority of car-versus-bicycle crashes, but insurance adjusters routinely assume the cyclist was somehow careless just for being on the road.
You need someone who can show exactly what Texas and Austin law actually requires of drivers, not just argue about who looked where.
Texas and Austin Bike Laws That Affect Your Claim
A bicycle is legally a vehicle in Texas, and that works in your favor. Under Texas Transportation Code Chapter 551, cyclists have the same rights as drivers, which means a driver who hit you while you were lawfully riding can’t claim you didn’t belong on the road. A few specific rules matter most in a claim:
- Austin’s passing distance rule. City ordinance requires drivers to either move fully into another lane or leave at least three feet when passing a cyclist. Texas doesn’t have this rule statewide, but Austin does, which makes a too-close pass here a real, citable violation, not just bad manners.
- The Lisa Torry Smith Act. This 2021 state law requires drivers to stop and yield to cyclists already in or approaching a crosswalk, with criminal penalties for drivers who violate it and cause injury. A violation here is strong evidence of negligence in a civil claim.
- Dooring. Texas law prohibits opening a car door into the path of an oncoming cyclist. If a parked car’s door caused your crash, that’s a real basis for a claim against the driver, not the city.
- Riding position. Cyclists generally ride near the right curb, but the law allows taking the full lane when passing, turning left, avoiding a hazard, or when the lane is too narrow to share safely. A driver can’t blame you for the road position you were legally entitled to take.
Not sure how these rules apply to your crash? Call (512) 851-1004 and we’ll walk through it with you, free of charge.
Can Not Wearing a Helmet Hurt My Claim?
Usually not as much as you’d think. Texas has no statewide helmet law for adult cyclists, only for riders 17 and under under Austin’s local rule. Because there’s no adult legal requirement, an insurer has a much weaker basis to blame an adult cyclist’s injuries on a missing helmet than it would in, say, a motorcycle case.
That said, adjusters sometimes raise it anyway, which is exactly the kind of argument we push back on.
Who Can Be Held Liable for an Austin Bicycle Accident?
Most bicycle accident claims are against the driver who hit you, but not always. A few other parties can share responsibility depending on what caused your crash:
The driver, in the large majority of cases, for violating a traffic law like the ones above or failing to keep a proper lookout.
A bicycle or parts manufacturer, if a defect, like a brake or frame failure, caused or contributed to your crash. Texas product liability law doesn’t require you to prove the manufacturer was negligent, only that the product was defective and that the defect caused your injury.
A government entity, in narrower cases involving a dangerously designed or poorly maintained bike lane, though these claims come with much shorter notice deadlines than a typical injury claim and need to be evaluated quickly.
Compensation You Can Recover After a Bicycle Accident
A successful bicycle accident claim can cover both your immediate costs and the harder to measure parts of your recovery. This typically includes:
- Medical bills, including emergency care, surgery, and physical therapy
- Future medical costs for an ongoing or permanent injury
- Lost wages, including time a parent missed caring for an injured child
- Property damage to your bicycle and gear
- Pain and suffering and emotional distress
The Cost of Hiring an Austin Bicycle Accident Lawyer
Nothing upfront. We handle bicycle accident cases on a contingency fee, which means you pay no attorney’s fees unless we recover compensation for you. Your initial consultation is free, with no obligation to hire us afterward.
How Long Do You Have to File a Bicycle Accident Claim in Texas?
Texas generally gives you two years from the date of the crash to file a personal injury lawsuit. If a government entity is involved, like a claim over poor road or bike lane maintenance, that notice deadline can be far shorter, sometimes just months, so it’s worth talking to a lawyer right away.
What to Do After a Bicycle Accident in Austin
What you do in the first hours and days after a crash can affect both your health and your claim. Here’s what matters most:
- Get medical care right away, even if you feel mostly fine.
- Call the police so a crash report gets filed.
- Photograph the scene, your bike, your gear, and your injuries before anything gets repaired or thrown away.
- Get the names and contact information of any witnesses.
- Avoid giving a recorded statement to the driver’s insurer before talking to a lawyer.
Why Austin Cyclists Choose George Salinas Injury Lawyers
Insurance companies often rely on the biased assumption that cyclists are inherently careless. We push back against that bias by preparing every case for trial from Day 1, ensuring that adjusters take your claim seriously.
- The Insider’s Advantage: Our team includes attorneys who previously represented insurance companies. We know exactly how carriers evaluate claims and how they attempt to minimize payouts. We preempt their strategies before they are even executed, allowing us to build a stronger case from the start.
- Proven Results: We bring over 110 years of combined legal experience and a track record of over $100 million recovered for our clients. We don’t accept lowball offers; we build a detailed damage model based on facts and expert testimony.
- Trial-Ready Authority: George Salinas is a member of the American Board of Trial Advocates (ABOTA)—an elite, invitation-only group that requires extensive jury trial experience and peer approval.
- Local Expertise & 24/7 Service: From the East Austin bike boulevards to the Lady Bird Lake trails, we know the city’s infrastructure and how local courts handle these claims. You will work directly with our legal team, not a call center, and we are available 24/7 to support you in English or Spanish.
Meet Our Top-Rated Austin Bicycle Accident Attorneys
Ask George Salinas Injury Lawyers
Q: What happens if a driver says they didn’t see me on my bike?
A: That usually isn’t the defense it sounds like. “I didn’t see them” often means the driver failed to look properly before turning or changing lanes, which can support your claim instead of excusing the driver.
Q: Can I sue if I was hit while riding on the sidewalk?
A: Often, yes. Austin generally allows sidewalk riding done in a reasonable and prudent manner, so riding there doesn’t automatically make you at fault. What matters is how the specific crash happened, not just where you were riding.
Q: What if my bicycle accident happened because of a pothole or bad road?
A: You may have a claim against the government entity responsible for that road or bike lane, separate from any driver involved. These claims move on a much faster clock than a typical injury case, so it’s worth calling sooner rather than later.
Q: Does my health insurance or the driver’s insurance pay my medical bills first?
A: It depends on your coverage, but your health insurance often pays first and may later seek reimbursement from any settlement. We sort out the order of payment so your treatment isn’t delayed while the claim is pending.
Frequently Asked Questions
What if the driver who hit me doesn’t have insurance?
You may still have options through your own uninsured motorist coverage, if you have an auto policy, or by pursuing the driver directly. We check every available source of recovery before assuming there’s nothing to pursue.
Will I still have a case if I broke a minor rule, like forgetting a hand signal?
Usually, yes. Texas’s comparative fault rules look at how much each party’s actions actually contributed to the crash, not just whether a minor rule was technically broken. A small oversight on your part rarely outweighs a driver’s failure to look before turning.
What if I was found partially at fault for the crash?
You can still recover compensation as long as you’re found 50% or less at fault, though your payout is reduced by your percentage of responsibility. For example, $200,000 in damages with 20% fault assigned to you would reduce your recovery to $160,000.
Do I need a lawyer if my child was hit while riding their bike?
It’s worth a free consultation. Claims involving injured children often need extra care around medical documentation and long-term impact, and a parent can pursue the claim on the child’s behalf.
Schedule Your Free Consultation
If a bicycle accident left you or your child hurt in Austin, you don’t have to take an insurance company’s word for who was at fault. Call George Salinas Injury Lawyers at (512) 851-1004 for a free consultation in English or Spanish. There’s no fee unless we win.