Hit While Riding a Bicycle: Who Can You Sue in Texas?
Being struck by a car while riding a bicycle can be a frightening and life-changing experience. Beyond the immediate physical injuries, there are often medical bills, lost wages, and emotional stress to consider. Many bicyclists wonder if they are entitled to compensation, especially since they were not in a motor vehicle at the time of the accident. The good news is that in Texas, you can still pursue compensation if someone else’s negligence caused your injuries.
Texas is an at-fault state, which means the driver responsible for causing the accident is generally liable for the damages suffered by the injured party. If you are hit while on a bicycle, the first step is typically to pursue the at-fault driver’s auto insurance. Whenever possible, flag down the driver, obtain their insurance information, and request a police report documenting the incident. Even if emergency medical services transport you from the scene, the police usually collect this information, but it’s important to confirm that a report has been filed. Police reports are crucial because they can serve as official evidence when making a claim or pursuing compensation.
It is a common misconception that bicyclists cannot seek compensation simply because they were not in a motor vehicle. The law focuses on negligence—if someone failed to exercise reasonable care while operating a vehicle and caused your injuries, you have the right to pursue compensation. This means you can hold the driver responsible for medical bills, lost wages, pain and suffering, and other damages, regardless of whether you were in another car or riding a bicycle.
In addition to pursuing the at-fault driver’s insurance, many bicyclists may also have coverage under their own auto insurance policies through uninsured or underinsured motorist coverage (UM/UIM). This coverage can be particularly important if the at-fault driver has no insurance or insufficient coverage to fully compensate your injuries. Many UM/UIM policies in Texas include language that extends protection even when the policyholder is not in their own vehicle, such as while riding a bicycle. This means you may be able to access your own insurance benefits to help cover medical expenses, lost wages, and other costs that the at-fault driver’s insurance cannot fully address.
It is important to note that while Texas law requires insurance companies to offer UM/UIM coverage, policyholders are not required to accept it. This makes reviewing your own policy, or having an experienced personal injury attorney review it on your behalf, an essential step after a bicycle accident. A thorough review ensures that you understand all available coverage and can maximize the compensation you receive for your injuries.
Recovering from a bicycle accident often involves more than just dealing with the driver’s insurance. Medical treatment, rehabilitation, and ongoing care may be necessary, and insurance negotiations can be complex. A skilled attorney can guide you through the process, help you collect evidence, evaluate both the at-fault driver’s insurance and your own UM/UIM coverage, and advocate on your behalf to ensure that you are fully compensated.
For similar pedestrian scenarios, read [Hit While Walking Across the Street — Can I File a Claim?].
You can also explore [Can You Sue the Owner of a Vehicle for Letting Someone Else Drive?] to see how responsibility extends beyond the driver.
