Austin ranks as one of America’s most bike-friendly cities. The city offers extensive bike lanes, trails, and pedestrian paths. However, sharing the road with motor vehicles carries serious risks.
When drivers fail to respect pedestrians and cyclists, the results can be devastating. Unlike people in cars, pedestrians and cyclists have no protection. They don’t have airbags, seat belts, or metal frames to shield them. Even minor collisions can cause life-changing injuries.
Understanding your legal rights after a pedestrian or bicycle accident is essential. Texas law protects vulnerable road users. But navigating the legal system while injured requires experienced help.
Why These Accidents Happen in Austin
Austin’s rapid growth has increased traffic congestion. More people now walk and bike to avoid sitting in traffic. Popular areas like downtown, UT campus, South Congress, and East Austin see heavy pedestrian and bicycle traffic daily.
According to the National Highway Traffic Safety Administration, pedestrian deaths have risen nationwide. Urban areas like Austin face the highest rates. Several factors cause most pedestrian and bicycle accidents.
Distracted driving tops the list. Drivers looking at phones miss pedestrians in crosswalks. They don’t see cyclists in bike lanes. A few seconds of distraction can cause tragedy.
Failure to yield causes many intersection accidents. Texas law requires drivers to yield to pedestrians in crosswalks. Many drivers ignore or don’t know these rules.
Speeding makes accidents more likely and injuries more severe. The relationship between speed and pedestrian survival is clear. Pedestrians hit at 20 mph usually survive. Those hit at 40 mph often don’t.
Impaired driving remains a deadly problem. Drunk drivers have slower reactions and poor judgment. Pedestrians and cyclists can’t avoid impaired drivers.
Dooring accidents happen when car occupants open doors without checking for cyclists. These accidents throw riders into traffic lanes.
Poor visibility during dawn, dusk, or night contributes to many crashes. Drivers must operate safely in all conditions.
Texas Laws That Protect You
Texas law gives pedestrians specific rights. Drivers must yield to pedestrians in marked crosswalks. Even outside crosswalks, drivers must exercise reasonable care to avoid hitting pedestrians.
Cyclists have the same rights as motor vehicles on roadways. They can use full lanes when necessary for safety. Austin requires drivers to give cyclists at least three feet of clearance when passing.
Protected bike lanes are for bicycles only. Cars cannot enter, park, or stop in these lanes except when turning.
What to Do After an Accident
Your actions after an accident affect both your health and legal rights. Follow these steps:
Call 911 immediately. You need police and medical help. Even if you feel okay, get checked by paramedics. Many serious injuries don’t show symptoms right away.
Document everything. Take photos of your injuries, bicycle damage, the accident scene, and the vehicle that hit you. Get the driver’s name, phone number, insurance information, and license plate number.
Find witnesses. Get names and contact information from anyone who saw the accident. Witness statements can prove what really happened.
Don’t admit fault. Don’t apologize or make statements about who caused the accident. Even innocent comments can be used against you later.
Avoid recorded statements. Don’t talk to insurance companies without a lawyer. They may use your words to reduce your compensation.
Common Injuries from These Accidents
The lack of protection means pedestrians and cyclists suffer severe injuries:
Traumatic brain injuries can cause permanent cognitive problems and personality changes. Even helmeted cyclists can suffer concussions or worse.
Spinal cord injuries may result in paralysis. These injuries require lifelong medical care and can cost millions of dollars.
Broken bones are common, especially leg and arm fractures. These often need surgery and extensive rehabilitation.
Road rash may seem minor but can require painful treatment. Severe cases carry serious infection risks.
Internal injuries to organs can be life-threatening. Internal bleeding may not be obvious immediately.
Proving Who Was at Fault
Texas uses a modified comparative fault system. You can recover compensation if you’re 50% or less at fault. Your award is reduced by your percentage of fault.
Strong evidence proves fault. Police reports document the scene. Traffic cameras and dashcam footage show exactly what happened. Witness statements corroborate physical evidence.
Cell phone records can prove driver distraction. Toxicology reports establish impairment. Physical evidence like skid marks tells the story.
Compensation You Can Recover
Successful claims cover multiple types of losses:
Economic damages include all financial losses. Medical bills cover emergency care, surgery, rehab, and future treatment. Lost income compensates for missed work. Property damage pays for bicycle repairs or replacement.
Non-economic damages address intangible losses. Pain and suffering compensation recognizes your physical and emotional distress. Loss of enjoyment of life acknowledges you can’t do activities you once loved. Scarring and disfigurement damages address permanent visible injuries.
Punitive damages may apply in extreme cases. Hit-and-run accidents or drunk driving may warrant punitive damages to punish wrongdoers.
Special Situations Requiring Extra Attention
Large vehicle accidents involving commercial trucks or 18-wheelers are often catastrophic. These cases involve multiple liable parties. They require investigation of trucking regulations and company policies.
Fatal accidents allow families to file wrongful death claims. Surviving spouses, children, and parents can seek compensation. These claims cover funeral costs, lost financial support, and loss of companionship.
Why You Need an Experienced Attorney
Insurance companies work to minimize payouts. They use tactics designed to reduce your compensation:
- Claiming you caused or contributed to the accident
- Offering quick settlements before you know the full extent of injuries
- Disputing the severity of your injuries
- Pressuring you for recorded statements
An experienced Austin traffic accident lawyer counters these tactics. Your attorney will:
- Conduct thorough investigations to gather evidence
- Work with experts to build your case
- Handle all insurance company communications
- Calculate the full value of your claim
- Negotiate aggressively or take your case to trial
At Lee, Gober & Reyna, we’ve successfully represented numerous pedestrians and cyclists. We understand these unique challenges. We have the resources to build compelling cases.
Get the Help You Deserve
Recovering from a serious pedestrian or bicycle accident takes months or years. Physical recovery is only part of the challenge. Medical bills pile up. Lost income creates financial stress. Emotional trauma affects your daily life.
You don’t have to face this alone. Understanding your rights and pursuing fair compensation provides the financial resources you need.
Contact Lee, Gober & Reyna for a free consultation. We’ll review your case and explain your options. We work on contingency fees. You don’t pay unless we win.
Austin’s streets should be safe for everyone. When drivers fail to respect pedestrians and cyclists, they must be held accountable. Let us fight for the justice you deserve.
Frequently Asked Questions
Who is at fault in a pedestrian-vehicle accident?
Drivers are usually at fault in pedestrian accidents. Texas law requires drivers to yield to pedestrians in crosswalks and exercise reasonable care. Even if a pedestrian is jaywalking, drivers may still be liable if they could have avoided the accident. Investigations examine traffic controls, driver speed, distraction, impairment, and visibility conditions.
What evidence should I collect after being hit while on my bike?
Photograph your injuries, bicycle damage, the accident scene, road conditions, traffic controls, and the vehicle that hit you. Get the driver’s insurance information and contact details. Obtain witness names and numbers. Note any nearby security cameras. Save your damaged helmet and clothing. Most importantly, seek immediate medical attention and get a police report.
Can I get compensation if I was partially at fault?
Yes. Texas allows recovery if you’re 50% or less at fault. Your compensation is reduced by your fault percentage. If you’re 20% at fault, your award is reduced by 20%. If you’re 51% or more at fault, you cannot recover. This makes proving the other party’s primary fault crucial.
How long do I have to file a claim in Texas?
Texas gives you two years from the accident date to file a personal injury lawsuit. This deadline is strictly enforced. Missing it means losing your right to compensation. Government entity cases have much shorter notice requirements. Consult an attorney quickly. Evidence disappears and witnesses’ memories fade.
How much is my case worth?
Case value depends on injury severity, medical expenses, lost income, permanent impairment, scarring, pain and suffering, and fault degree. Minor injury cases may settle for thousands. Catastrophic injury cases with permanent disability can be worth millions. An experienced attorney can evaluate your specific case.
Do I need a lawyer for my accident claim?
While not required, experienced representation is highly advisable. Insurance companies have teams working to minimize payments. They use your lack of legal knowledge against you. An attorney levels the playing field through investigation, expert consultation, insurance company negotiations, accurate claim valuation, and trial representation if needed. Most personal injury attorneys work on contingency. You don’t pay unless you win.