Is Cycling in Houston Safe?
Bicycling in Houston is generally considered to be safe, as the city has bike-friendly infrastructure like shared lanes, dedicated lanes, and bike-specific stoplights. However, you still must take precautions to avoid injury in such a busy city and state—Texas is considered one of the least cyclist-friendly states in the country, and Houston’s recorded bike death rate in 2022 almost doubled that which was documented in 2016.
Bicycle Accident Statistics
According to the National Safety Council, the number of preventable deaths from bicycle incidents increased 47% from 2013 to 2022, with 1,360 deaths in 2022 alone. The CDC similarly shares that more than 130,000 bicyclists are injured in U.S. crashes every year.
On a local level, Texas is, unfortunately, one of the most dangerous states for cyclists. While Houston is relatively bicycle-friendly compared to other U.S. metropolitan areas, bicycle accidents caused by driver negligence are still very common. According to the Texas Department of Transportation (TxDOT), 2021 saw 2,266 bike-involved traffic crashes in Texas, causing 92 deaths.
What are the Most Common Causes of Bike Accidents in Houston?
Bicycle accidents in Houston are typically caused by reckless or negligent behavior (i.e., speeding, distractive driving, etc.) on the part of a motor vehicle driver—although the bicyclist’s behavior may contribute to the accident in some cases. Overall, the most frequently reported causes of bicycle accidents in Houston, TX, include:
- Driver Inattention: Includes any type of distracted driving, including using a GPS, talking to passengers, using a cell phone, and eating while driving.
- Failure to Yield: Many accidents happen because drivers and bicyclists don’t know or don’t pay attention to when they’re responsible for sharing the road and yielding the right of way.
- Speeding: A car operator driving at high speeds may not be able to react quickly and swerve or stop to avoid bicyclists on the road. Speeding accidents are also more likely to cause severe injuries to bicyclists.
- Alcohol: Overwhelmingly, when someone drinks alcohol before getting behind the wheel, they are unable to function as well on a cognitive level. As a result, their driving may become reckless, and they have a higher chance of not seeing a bicyclist on the road.
- Aggressive Driving: Motorists may sometimes purposefully neglect to give cyclists their legal right-of-way. Instead, they may drive aggressively by following a biker too closely, honking at them, flashing their lights, yelling or issuing threats, dangerously passing them, or accelerating to pass a rider before turning directly in front of them.
- Dangerous Road Conditions: Hazardous road conditions, such as unmanaged bicycle lanes, may cause bike injury accidents.
- Riding at Night: According to the National Highway Traffic Safety Administration, most bicyclist deaths occur between 6 pm and 9 pm when bicyclists are less visible to drivers (especially if they’re riding without reflective gear).
- Rider Inattention A bicyclist may cause or contribute to the accident by veering into oncoming traffic or failing to stay in their designated bicycle lane.
What Types of Injuries Typically Result from Bicycle Accidents?
Bicyclists are at a much higher risk for injury when involved in a crash since they’re not as protected as drivers or riders in a motor vehicle. The ensuing injuries to bike riders can be catastrophic, life-threatening, and even fatal. The most common injuries we see in the bike cases we’ve handled include:
- Fractures
- Spinal cord injuries
- Soft tissue damage
- Broken bones
- Traumatic brain injuries
- Abrasions (or “road rash”)
- Burns
- Internal organ damage
- Scarring and disfigurement
- Paralysis
- Wrongful death
Even the most minor of these injuries can result in substantial damages like excessive medical expenses and an unexpected loss of income if you cannot work. A Houston bicycle accident lawyer can help you build your case and will fight to secure the amount of compensation you’re entitled to for your injuries.
What are the Steps to Follow When You Have a Cycling Accident Claim?
1) Get Medical Help
Your priority in the aftermath of an accident or injury should be your physical health. As soon as you can, consult with a paramedic or visit a doctor or emergency room. Even if you feel fine or your injuries seem minor, it may still help you to receive any treatment deemed necessary by a medical professional. Plus, the hospital will document your injuries and provide you with medical records, which may serve as crucial evidence in your legal claim.
2) Report the Accident to the Police
Request a police report as soon as possible. This report will provide official documentation of the incident and all of the circumstances surrounding it, which can be crucial for your claim and any eventual compensation.
3) Gather Evidence at the Scene
Gather as much evidence as possible at the accident scene if you can. Take photos of the collision, your injuries, and any damage to your bike. If there are witnesses to the accident, collect their contact details—-including their full names, phone numbers, and email addresses. If possible, note details about the other party involved, including their license plate number.
4) Contact your Insurance Company
Once you’ve visited a medical professional, filed a police report, and documented the scene, notify your insurance provider. Tell them about the accident and provide any initial details you have (as presented facts), as prompted by your insurer.
5) Consult a Lawyer
A personal injury attorney can help you navigate the claims process from start to finish. Your Houston bike accident lawyer can help you assess the value of your claim, represent you in negotiations with the insurance company, and take your case to court if a fair settlement cannot be negotiated.
What Can You Claim Compensation for in a Bike Accident?
You can claim compensation for any economic or non-economic damages you’ve sustained due to your bicycle accident. While the exact financial and emotional damages you may claim will depend on what you’ve experienced in the aftermath of your injuries, your Houston bicycle accident lawyer can help you determine exactly which of the most common bike accident damages you can claim compensation for. These include:
- Past and future medical expenses, including emergency room visits, hospitalizations, surgeries, rehabilitation services, in-home care, medications, and more.
- Current and future lost income that you’ve missed out on due to your injuries.
- Diminished earning capacity, or the amount of potential income you could have earned if you’d not been injured.
- Any physical pain and suffering you’ve endured after your injuries, depending on the injury’s severity, the type of accident, your age, and your physical limitations.
- Emotional distress and mental anguish resulting from the accident, e.g., terror, anxiety, shock, sorrow, confusion, and lack of sleep.
- A loss of enjoyment of life, typically due to new physical limitations that preclude you from enjoying your favorite hobbies, recreational activities, and exercise.
- Loss of consortium, in the case that you lost a loved one due to a bicycle accident or your injury, has had a significant impact on your relationship with your spouse.
- In cases of egregious negligence, malice, oppression, or fraud, a judge may also assign punitive damages.
How much compensation for a cycling accident?
Every case is different, and there’s a wide range in the amount that a cycling accident can be worth. Compensation for a cycling accident can vary greatly. It may include medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages depending on the severity of the injuries and the circumstances of the accident. For instance, a judge may require the liable party to pay punitive damages if their actions were especially negligent, egregious, or malicious.
How Can Simmons & Fletcher Help You With Your Bicycle Accident Claim?
If you’ve been injured in a bicycle accident, you deserve experienced legal representation with the resources, compassion, and conviction to fight for your rights in court. At Simmons & Fletcher, P.C., each of our dedicated personal injury lawyers works diligently on behalf of our clients to fight for just compensation for them. If we accept representing you, you should expect the same! Our attorneys have a long history of routinely investigating claims, negotiating with insurance companies, and looking for definitive evidence to support our quest to recover damages like medical expenses, lost wages, pain and suffering, and more.
Don’t hesitate to contact our empathetic legal team. Call (713) 932-0777 today for a FREE consultation—no strings attached.
FAQ's
Am I Limiting My Options for Seeking Compensation if I Failed to Ride My Bike Properly?
You can still seek compensation for your injuries after a bike accident as long as the majority of the incident wasn’t your fault. The motorist is typically found at fault in bike accident claims since they stand to do much more damage and are held to a higher duty of care (consider how car operators are required to have a driver’s license while bicyclists do not). If you believe you may be partially at fault, it’s still worth filing a claim—but if you are found to be over 50% liable, you will not be able to collect any damages from the at-fault party.
If you are found partially liable but not over 50% liable, you’ll be able to collect a corresponding percentage of your damage (this is called Texas’ rule of modified comparative negligence). For example, if you were hit while swerving slightly out of the bike lane but the driver who hit you failed to see you because they were texting and driving, both parties share fault in the accident. If a judge or jury finds you to be 40% at fault and the driver 60% at fault, you can recover 60% of the total damages. So, if you’ve successfully claimed $100,000 in damages, you’ll be granted $60,000.
However, riding your bike as safely as possible is still important. Refrain from violating biking laws or making reckless lane changes, and be sure to yield to vehicles and pedestrians when necessary.
How do I Determine Fault in a Houston Bike Accident?
Any party who was responsible for causing your bike accident and your injuries may be found at fault for the incident. To legally determine and prove fault, however, you and your attorney must provide evidence to prove the following:
- The at-fault driver had a legal duty of care to act according to the law and common sense to keep bicyclists (and you) safe.
- The at-fault driver breached that duty of care by engaging in unlawful behavior (e.g., driving while texting or running a red light).
- The at-fault driver directly caused your injuries, meaning that there is evidence linking their negligence to your injuries. Such evidence could include police reports, eyewitness statements, and medical records.
- You have suffered financial losses due to the at-fault driver’s negligent actions. Such losses may include medical bills, lost wages, pain and suffering.
What is the Deadline for Filing a Bike Accident Claim in Texas?
The statute of limitations for bicycle accident claims in Texas is two years from the date of the accident for adults, according to the Texas Civil Practice & Remedies Code 16.003(a). Minors have until their 20th birthday. Missing this time frame may mean forfeiting your right to compensation. For the most part, however, you should get a lawyer involved much sooner. Evidence can deteriorate or disappear over time, and memories can fade. And, if litigation is necessary, consulting with a lawyer early gives them time to strategize and build a strong argument in your favor.
What Texas Bicycle Laws Protect Cyclists?
Texas has Vulnerable Road User Ordinances.
A Vulnerable Road User Ordinance is a city ordinance adopted to protect cyclists and pedestrians by requiring operators of automobiles to take specific actions when driving around vulnerable bicycle riders and pedestrians, such as:
- Vacate the lane in which they are located where possible while passing a vulnerable road user.
- When turning the vehicle left or right, yield the right of way to a vulnerable road user approaching from the opposite direction.
It also prohibits:
- Turning across a vulnerable road user’s path after overtaking a vulnerable road user traveling in the same direction.
- Using the car to intimidate or harass a vulnerable road user or in a manner that threatens a user.
- Throwing things at vulnerable road users from the vehicle.
