Austin Bicycle Accident Lawyer
The Sharp Firm represents cyclists hit by cars, trucks and rideshare drivers in Austin, and every consultation with our team is free. If you were hurt while riding, a bicycle accident lawyer can answer the fault and insurance questions that follow a crash.
Drivers and insurance adjusters often tell injured riders they had no business being in the road. Texas law says otherwise.
Even at ordinary city speeds, a bike crash can break bones or injure your head, and recovery can keep you off work for months. Call 512-407-8800 or contact us online to talk with Lance or Laura Sharp about your case.
What rights do cyclists have on Texas roads?
Texas law gives a person riding a bicycle the same rights and duties as the driver of a motor vehicle under Tex. Transp. Code § 551.101.
Tex. Transp. Code § 551.103 asks a cyclist moving slower than traffic to ride as near as practicable to the right edge of the road. You can leave that edge to pass someone or to set up a left turn. Hazards such as potholes and parked cars also justify moving over, and so does a lane too narrow to share side by side.
Bike Austin told KUT that most Austin travel lanes are narrower than the 14 feet needed to share safely, so taking the full lane is often the lawful choice. Nothing in Texas law makes you use a bike lane, either. If an insurer questions where you were riding, a bike accident lawyer can point to the exception that applied.
What should you do after a bike crash in Austin?
After a bike crash in Austin, get a police report and medical care, preserve the evidence, and speak with a lawyer before any insurance adjuster.
“After an accident, document the scene, get witness information, see a doctor, and talk to a lawyer before you talk to an insurance adjuster.”
Lance Sharp
- Call 911 so Austin police write up the crash, because every later insurance claim relies on that report.
- Take photos of the car, its plate and your injuries, and look around for security cameras that may have caught the crash.
- Get witness names and numbers before people leave.
- See a doctor the same day, because adrenaline can mask head and internal injuries and a prompt medical record links them to the crash.
- Leave the bike, helmet and clothing as they are, since a cracked helmet or bent frame shows how hard you were hit.
- Save your ride-tracking data, because a Strava or Garmin file can show your speed and position at impact.
- Talk to a bike crash lawyer Adjusters, the people who value claims for insurers, often ask for a recorded statement, and what you say can limit your recovery.
Who is at fault in common bicycle crashes?
In most car-bike crashes, the driver who failed to yield or leave room is at fault, because Texas traffic law requires drivers to yield to cyclists and pass them safely. TxDOT recorded 2,748 bicycle crashes and 78 cyclist deaths in Texas in 2024, according to its crash statistics.
Right hook
A right hook happens when a driver passes you and then turns right across your path or bike lane, and that driver is usually at fault. Texas law requires a turning driver to yield to a cyclist going straight. Signaling first doesn’t excuse the turn.
Left cross
In a left cross, an oncoming driver turns left into your path and typically bears the fault for failing to yield. Tex. Transp. Code § 545.152 requires a driver turning left to yield to oncoming traffic, including cyclists.
Dooring
The person who opens a car door into a cyclist’s path is usually responsible for a dooring crash. Tex. Transp. Code § 545.418 bars opening a door on the traffic side unless it can be done in reasonable safety.
Rear-end
A driver who hits a cyclist from behind is at fault in most cases, because Texas law requires drivers to keep a safe distance and control their speed. Rear lights and ride-tracking data help prove where you were in the lane when the car struck you.
Unsafe passing
A driver who passes too close and strikes or crowds a cyclist is at fault for an unsafe pass. The City of Austin’s safe passing ordinance requires drivers to give cyclists at least 3 feet of room, and commercial vehicles must give at least 6 feet.
What if the driver says the crash was your fault?
You can still recover if the driver blames you, because Texas law weighs the evidence and assigns each person a percentage of fault. Under Tex. Civ. Prac. & Rem. Code § 33.001, recovery is barred only if your share of fault is greater than 50%.
Texas follows comparative negligence, a rule that reduces your compensation by your own percentage of fault. A rider found 20% at fault would still recover 80% of their damages. At 51%, the rider gets nothing.
“Video has changed these cases. Teslas record automatically, and cameras are everywhere now. I’ve had cases where the video was what proved liability.”
Lance Sharp
We understand how frustrating it is to be hurt and then blamed, and you may be feeling pressure to accept the driver’s story just to move on. Talk to a bicycle accident attorney about your case before you agree to any account of fault.
Whose insurance pays when a car hits a cyclist?
The driver’s liability insurance pays first when a car hits a cyclist in Texas. If that driver had no insurance or too little, your own auto policy’s uninsured motorist and personal injury protection coverage can pay, even though you were on a bike.
Texas requires drivers to carry at least $30,000 in bodily injury coverage per injured person under Tex. Transp. Code § 601.072. A serious crash can cost far more than that.
Uninsured and underinsured motorist coverage, often called UM/UIM, pays when the at-fault driver has no policy, too little coverage, or flees the scene. Tex. Ins. Code § 1952.101 requires insurers to include that coverage unless you rejected it in writing.
Personal injury protection, or PIP, pays medical bills and lost income regardless of fault, and Tex. Ins. Code § 1952.152 requires it unless you rejected it in writing. A bicycle injury lawyer can review your policy and confirm which coverage applies, and our Austin car accident lawyer page explains these Texas auto claims in more detail.
What can you recover after a bicycle accident?
Texas law lets an injured cyclist recover economic damages, meaning money losses like medical bills and wages, and non-economic damages, meaning losses like pain and lost enjoyment of life.
“Damages come down to how the accident has affected your life.”
Lance Sharp
- Medical care, from the emergency room to the future treatment your doctors expect
- Wages you missed while healing, and lost earning ability if you can’t go back to the same work
- Physical pain and mental anguish, including losing the riding you used to enjoy
- Repair or replacement of your bike, helmet, lights and other gear
We know how difficult it is when a crash takes away your health and your routine at the same time. Head injuries can need years of care, and a bike accident attorney can work with your doctors to put a value on it.
Austin bicycle accident FAQs
Do I need a helmet to have a claim?
No. Texas has no statewide helmet law for adult cyclists, so riding without one won’t bar your claim against the driver who hit you. Austin’s helmet ordinance applies only to children.
What if I was riding on the sidewalk?
You can still have a claim. Sidewalk riding is legal in most of Austin, though Austin City Code § 12-2-13 bans it on parts of Congress Avenue, Guadalupe Street and several other downtown blocks. The driver’s share of fault still counts under Texas law even on those blocks.
What if a rideshare driver doored me?
Yes, you may have a claim against rideshare insurance. When an Uber or Lyft driver doors you during a trip, Tex. Ins. Code § 1954.053 requires $1 million in liability coverage for that ride. A passenger who opens the door may fall under different coverage, so talk to a lawyer about your case.
How can a bicycle accident lawyer at The Sharp Firm help?
The Sharp Firm gives injured cyclists two senior trial lawyers, Lance Sharp and Laura Sharp, who handle each case personally through trial if needed. Each has practiced for more than 30 years. Both are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Texas generally gives you two years from the crash to file a lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. Video and ride data can disappear long before then.
When you hire an Austin bicycle accident lawyer at The Sharp Firm, you get a free and honest evaluation and a team that will fight for the compensation you deserve. You pay no attorney’s fee unless we win your case, so call 512-407-8800 or contact us online to schedule your free consultation.
The Sharp Firm – Austin, TX Office
7800 N. Mopac Expy.
Suite 200
Austin, TX 78759
Call: 512-407-8800

