Most people imagine a moving vehicle striking a bicyclist when they picture a bicycle accident. However, some of the most serious bicycle accidents in Texas happen when a car is parked. Dooring occurs when a driver opens a car door without paying attention to oncoming bicycle traffic – resulting in a biker striking the door and being propelled off of the bike. Dooring can cause serious injuries, such as broken bones and brain injuries. If you were injured in a dooring accident in Texas, you may be entitled to financial compensation.

How Do Dooring Accidents Happen?

Dooring is the outcome of a motor vehicle occupant failing to check for cyclists before opening a car door when parked in a place that gets bicycle traffic, such as a parking spot that is adjacent to a bicycle lane. If a driver is parked someplace where a bicyclist can ride directly next to the vehicle, he or she has a responsibility to check for oncoming bikers before opening the door. Failing to do so can result in a bicycle rider hitting the open door without being able to stop in time.

Does Texas Have Any Laws Against Dooring?

Yes. Texas has a specific law in place regarding dooring in Section 545.418 of the Texas Transportation Code. This law states that a person may not open the door of a motor vehicle unless it can be done so in reasonable safety and without interfering with the movement of other traffic if the door is on the side of the road available to traffic. It also prohibits leaving the door of a vehicle open for longer than is necessary to load or unload a passenger if the door opens on the side next to moving traffic. If a motor vehicle driver or passenger fails to obey this law or make a reasonable effort to prevent dooring, he or she can be held financially responsible for a resultant bicycle accident. The at-fault driver must pay for a cyclist’s medical bills and property repairs suffered in the accident. Proof that the individual broke Texas’s dooring laws can be enough to establish his or her liability for the crash.

Tips for Avoiding a Dooring Accident

Although the legal responsibility to prevent a dooring accident rests with drivers and motor vehicle occupants, both motorists and bicyclists in Texas can take steps to reduce the risk of this type of crash. Use these tips as either a driver or cyclist in Dallas. For drivers:

• Never park in the middle of a bicycle lane, even temporarily.
• Before you open your door, look in your side and rear view mirrors to check for oncoming cyclists.
• Open the door with the hand that is furthest away from the door to force yourself to look over your shoulder for bikers.
• Slowly open the vehicle door when it is safe to do so, and only enough to exit. Do not fling your door open.
• Close the door as quickly as possible once you’ve exited the vehicle.

For bicyclists:

• Ride a safe distance away from parked vehicles (at least three feet).
• Don’t weave in and out of parked cars.
• Be vigilant and pay attention to the behavior and movements of vehicle occupants.
• Make eye contact with a driver you’re interacting with before proceeding.
• Wear colorful or reflective clothing to increase your visibility to drivers.
• Turn on your headlamp if you’re riding your bicycle between dusk and dawn.

You may have the power to prevent dooring or being doored as a roadway user in Texas. If you find yourself involved in this type of accident despite your best efforts to avoid it, contact a bicycle accident attorney in Dallas for assistance. You may be eligible for financial compensation from the driver’s car insurance company.

If you get injured in a bicycle accident in Texas, you may have multiple insurance policies available to cover your losses. The driver’s car insurance will typically pay for your injuries, for example, and your own health insurance or homeowners insurance policy may provide supplemental coverage. Find out how to claim insurance benefits after a bicycle accident in Dallas, as well as when to hire an attorney for assistance.

What Types of Insurance Are Available to Cover a Bicycle Accident in Texas?

If you get hurt in a bicycle accident, the first thing to do is receive medical care for your injuries. This can pave the way for your insurance claim, as most insurers require claimants to have seen a doctor. Once you’ve gotten medical care and collected information about the crash, explore all potential sources of insurance coverage for your accident. Several types of insurance policies may pay for your medical bills, bicycle damage and other losses, including:

• Bodily injury liability insurance. If you have injuries and related costs, such as medical bills, and the other driver is at fault for the accident, his or her bodily injury liability insurance will pay. All drivers in Texas are required to carry at least $30,000 per person and $60,000 per accident in bodily injury coverage.
• Property damage liability insurance. Similarly, if a driver is responsible for your crash, you can use his or her $25,000 in property damage liability coverage to pay for your bicycle repairs or replacement.
• First-party insurance coverage. If you are at fault for the accident, the driver is uninsured or underinsured, or you get involved in a hit-and-run, your own auto insurance policy may pay. This could include uninsured motorist coverage, collision coverage and comprehensive insurance.
• Homeowners or renter’s insurance. Since a bicycle is a type of property, your homeowners or renters insurance policy may pay to repair or replace it after an accident. This may cover your expenses whether or not you were at fault for the accident.
• Health insurance. If you suffered injuries in the bicycle accident that require professional medical attention, your health insurance can help you pay for the initial costs of your treatment. You may wish to pursue additional compensation, however, if someone else caused your crash.

You may be able to seek financial benefits from a driver’s insurance company, your own insurance carrier(s) or a third party after a bicycle accident in Texas. Explore all of your financial recovery options with an attorney before accepting a settlement.

How Do You File a Bike Accident Insurance Claim in Texas?

Make sure you are adequately prepared for the insurance claims process before making a phone call or submitting a claim. You will need certain information about the bicycle accident, such as its time, date and location, as well as information about the driver who hit you. You will also need your police report number and information about your injuries if you’ve already seen a doctor.

When you’re ready, call the correct insurance company or companies to report the accident and submit a claim. The agent will guide you through the steps to take. Before you accept a settlement and sign a release form, however, take your case to an attorney for a review. You may deserve greater financial compensation than the insurance company is offering.

Do You Need an Attorney for a Bicycle Accident Insurance Claim?

Hiring a lawyer for a bicycle accident insurance claim is not mandatory in Texas, but it could significantly improve your case outcome and legal experience. A bicycle accident claim can quickly become complicated and difficult to litigate. Giving your case to an attorney can allow you to rest and focus on healing while an experienced and knowledgeable professional navigates Texas’s laws on your behalf.

For more information about what to expect during a bicycle accident insurance claim in Texas, contact the Law Offices of Aaron A. Herbert to request a free consultation

It is always better to prevent a bike accident in Texas than to try to recover from one after the fact. A bicycle accident can inflict injuries on a cyclist that last for life. In 2020, 79 bicyclists in Texas were killed in traffic accidents and hundreds of others were injured. The best way to protect yourself from harm as a bicyclist is to be aware of the most common causes of bicycle accidents in your city. This can help you recognize risks when you see them and take action to avoid a collision.

Distracted Drivers

Drivers are obligated to pay close attention to the road at all times. Unfortunately, distracted driving has become an epidemic on U.S. roadways. Distractions connected to cell phones, infotainment systems, personal grooming, food and drinks, radios, and GPS are rampant and have dramatically increased the number of car accident injuries and deaths per year. The National Highway Traffic Safety Administration reported 3,142 lives lost because of distracted drivers in 2020. Many of these victims were bicyclists and pedestrians.

Following/Passing Too Close

Bicyclists have the same rights to the road as motor vehicle drivers, and they need space to safely navigate. Texas law states that drivers must keep at least three feet of distance between their vehicles and bicycles. When drivers become impatient or reckless, they may encroach on this space and endanger the cyclist’s life. Following or passing too close to a bicycle increases the risk of sideswipe accidents, such as a driver’s side mirror striking a bicyclist, as well as rear-end collisions.

Speeding

Speeding is one of the most common causes of all types of motor vehicle accidents, not just bicycle accidents. Speeding is defined as driving too fast for conditions. This doesn’t necessarily mean driving above the speed limit. If the posted limit is too fast in bad weather, a driver has a responsibility to drive below the limit. A speeding driver is less likely to be able to stop in time to avoid hitting a bicyclist or react safely to changing roadway situations.

Left-Hand Turns

Many bicycle accidents take place at intersections in Texas, often when a motor vehicle driver is attempting to make a left-hand turn. Many drivers underestimate the speed or misjudge the distance of a cyclist in the opposite lane. This leads to them making a left turn in front of a biker and either striking the side of the bicycle or forcing the cyclist to hit the side of the vehicle. In other cases, a driver turning left may not keep a proper lookout and fail to see an oncoming cyclist entirely.

Failing to Yield

Motor vehicle drivers should know and obey all roadway rules, including yielding the right-of-way to bicyclists, when applicable. Bicycles should be treated with the same respect as standard motor vehicles. At a stop sign, for example, a bicyclist who arrived at the intersection first would have the right to proceed across the road before a motor vehicle driver. Failing to yield and breaking other traffic laws invites bicycle-vehicle collisions.

Driving While Intoxicated

State data shows that 958 victims were killed in 2020 due to drivers under the influence of alcohol. A drunk or drugged driver is unable to make safe decisions behind the wheel. Intoxication can cause reckless behaviors, slowed reflexes, poor judgment and bad decision-making. It can also have a physical effect on a driver, such as blurred vision and muscle weakness. These effects increase the odds of a driver making critical errors or losing control of his or her vehicle and striking a bicyclist.

If you were recently injured in a bicycle accident in Texas, contact an attorney to determine the cause of your crash. If someone else is responsible, they may have to pay for your related bills and losses.

Your child could be at risk of a serious accident while riding a bicycle, especially on public streets or sidewalks. No matter how well you have trained your child to be careful, dangerous and distracted drivers could put him or her at risk. According to the Centers for Disease Control and Prevention, children ages 19 and younger have the highest rates of nonfatal bicycle accident injuries. If your child gets injured in a bicycle crash in Dallas, take the following steps.
 

Call the Police

If the bicycle accident involves a motor vehicle driver, call the police immediately while you are still at the scene. Getting a police accident report is important if you wish to protect your legal right to hold the driver accountable. Never accept cash from the driver in exchange for not notifying the police or calling their insurance company.

Take Photographs

While you are waiting for the police to arrive, use your smartphone or a camera to take photographs of the scene of the bicycle accident. Pictures of the scene can help reconstructionists piece together how and why the accident took place. This can help you prove the fault of a motor vehicle driver, a roadway hazard or a defective bicycle part.

Get the Driver’s Information

Start gathering information and evidence as soon as possible. While you are still at the scene, write down the driver’s name and contact information, as well as the names and phone numbers of any eyewitnesses. You should also get the driver’s license number, plate number and insurance information.

Seek Medical Care

Bring your child to a doctor or hospital after a bicycle accident. Even if your child appears to be fine, he or she may have an injury with hidden or delayed symptoms. Concussions and more serious traumatic brain injuries, for example, may not show signs or symptoms right away. Going in for a checkup after a bicycle crash can confirm whether or not your child is injured and provide the necessary medical care for any injuries. Furthermore, seeking medical attention can help you build an insurance claim.

Call the Insurance Company

In Texas, the driver or party at fault for a collision will be responsible for paying for medical bills and property repairs. After your child gets into a bicycle accident, you will need to determine fault before you can file an insurance claim. If your child is to blame, call your own car insurance provider. If the other driver caused the crash, such as by failing to yield the right-of-way, running a stop sign, speeding or driving distracted, call that driver’s insurer. You may need assistance from an attorney or a police officer to determine fault for the bicycle accident.

Protect Your Rights

Even in a bicycle accident case involving a child, an insurance company will put its bottom line first and may try to avoid paying you the financial compensation that your family deserves. Be careful when speaking to an insurance claims adjuster, as this person works for the insurance company and is trained to save the company as much money as possible on your claim. Do not admit fault, give a recorded statement or accept a settlement when talking to the insurance adjuster.

Consult With a Bicycle Accident Attorney

Contact a bicycle accident lawyer in Dallas as soon as possible if your child is injured in a bicycle crash. A lawyer will be on your side and will work for you, not an insurance company. Your attorney can carefully investigate the accident, collect evidence, determine fault, and help you and your family get everything that you need during this difficult time. This includes medical care from top pediatricians. For more information about a bicycle accident legal claim, contact an attorney today.

If you get injured in a bicycle accident with a car, truck or van, what you do in the immediate aftermath of the wreck can be critical to the future of your injury claim. Taking the correct steps to protect yourself physically and financially can impact the outcome of any lawsuit that results from the crash. Here’s what to do after a bicycle accident in Texas.
 

Don’t Admit Fault

For many bicyclists, the initial reaction after an accident is to jump up and apologize to the driver. These are two things that you should not do. Remain where you are and don’t move until you have checked to feel if there is pain, numbness or tingling in your back or limbs. If you believe that you could have a back injury, only move if it is necessary to do so for your personal safety.
Do not apologize to the other driver, as this could be construed as you accepting fault for the collision. Remain polite and calm, but do not admit fault. Even if you think you might have caused the bicycle accident, there may be factors that you are unaware of, such as a malfunctioning traffic light or cell phone use by the driver. Let the police and insurance company investigate the bicycle accident and determine fault.

Call 911

Always call the police after a bicycle accident in Texas. It is a legal requirement to report a crash immediately to the police if it causes injuries or at least $1,000 in property damage. Even if your bicycle accident was relatively minor, involving the police can help by creating an official accident report. Make sure to talk to the police and get your version of events into the accident report. Never accept cash or promises from the driver who hit you in exchange for not calling the police or involving insurance companies. This could result in you settling for much less financial compensation than you deserve – or nothing at all.

Gather Information

Do your best to collect information while you are still at the scene of your bicycle accident. Write down the driver’s name, contact number, insurance company and vehicle information. This includes the vehicle’s identification number and license plate numbers. Write down the names and phone numbers of any eyewitnesses, as well. If you can, take photographs of the crash, including your damaged bicycle, the vehicle and the location of the collision.

Go to a Hospital

It is always important to obtain professional medical care as the victim of a bicycle accident in Texas. Prompt medical care can immediately diagnose an injury that your adrenaline may be hiding, such as a neck, back or head injury. Follow your doctor’s treatment plan. Going to a hospital right away can also show an insurance company that your injuries are serious, and you did what you could to mitigate them.

Contact an Insurance Company

Once you have documented what happened and collected copies of critical records, such as your medical bills and the police accident report, make the call to the driver’s insurance company to file an initial claim. In Texas, the party at fault for a collision will have to pay for damages. You may be eligible for compensation for your medical bills, bicycle repairs, lost wages and other losses from the driver’s insurance provider.

Work With an Attorney

When you are filing a bicycle accident insurance claim in Texas, take care to defend your rights. Do not trust the insurance claims adjuster assigned to review your case. Politely decline to give the adjuster a recorded statement over the phone. Before you sign anything or accept a settlement, consult with a bicycle accident attorney in Dallas to make sure that you are not falling into a trap set to devalue your claim. An attorney will give you trustworthy advice about how to get the most out of your lawsuit.

There are many reasons why a bicycle could crash. One is the failure of a part or piece of equipment, such as the tires. A tire blowout is different from a flat tire. A blowout is abrupt and explosive, creating a frightening experience for a biker, such as an accident and serious injuries. Understanding the most common causes of tire blowout bicycle accidents can help you determine whether you have grounds for a bicycle accident claim in Dallas.
 

Poor Bicycle Maintenance

The most common cause of a bicycle tire blowout is wear and tear on the tire. Even the normal use of a bicycle could lead to a blowout in some circumstances. Repeatedly using a bicycle brake, for example, can heat the rims of the tire and elevate the temperature of the tire tube. This can cause the tube to expand and explode. However, factors such as a low-quality tire, incorrect tire pressure, improper tire installation and a lack of bicycle maintenance can increase the risk of a tire blowout.
It is the owner of the bicycle’s responsibility to consistently inspect, maintain and repair the bicycle to make sure that it is in proper working order. This includes inspecting and maintaining the tires. If you were injured in a blowout accident while on someone else’s bicycle, including a rented bike, electric bicycle or company bike, you may have grounds to file a personal injury claim against the owner for negligent (careless) maintenance. This could be a possibility if poor tire maintenance, an old tire in need of replacing or an overinflated tire caused the blowout.

Tire Defects

Many tire blowouts on both motor vehicles and bicycles trace back to defects with the tire. A product defect, such as an issue in how the tire was designed, made or marketed, can increase the risk of the tire popping or exploding while in use on a bicycle. If the tread was defectively manufactured to wear down faster on one tire than the other, for example, the tire may become worn down or bald faster than it should, eventually tearing apart and blowing out in transit.
If a tire contains a defect that makes it more prone to a blowout than a typical bicycle tire, an injured bicycle accident victim may have grounds to file a product liability claim against the tire manufacturer or distributor. If your lawyer can prove that the tire had a defect and that this is what caused the crash, you will not need proof of negligence to secure financial compensation. This is called the strict product liability law. It is in place to protect consumers from large and powerful manufacturers.

Potholes and Road Hazards

A tire may suddenly release all of its air at once if it gets tripped or punctured by a roadway hazard or defect. If the bicycle tire hits a pothole, for example, this could pop the tire and cause a blowout. You may have grounds to file a premises liability case if a property defect caused or contributed to your bicycle tire blowout accident in Dallas. It is the government’s responsibility to ensure the reasonable safety of a public road, and a property owner’s responsibility on private property.

Were You Injured in a Bicycle Tire Blowout Accident?

Most of the top causes of tire blowouts are preventable. They trace back to human error, such as defectively designed tires, poor installation or lack of bicycle maintenance. If you or a loved one gets injured in a bicycle tire blowout accident in Dallas, contact an attorney to discuss your legal options. You may have grounds to file an insurance claim or lawsuit in pursuit of financial compensation for your related medical bills, bicycle repairs and other losses. An experienced attorney can investigate your accident, determine the cause of the tire blowout and assist you throughout the claims process.

As a bike rider in Texas, understanding the laws and rules that apply to you is your responsibility. Obeying Texas’ bicycle laws, as stated by the Texas Transportation Code, can keep you out of the path of motor vehicles and make your actions more predictable to drivers. Learning the Texas bicycle laws for 2021 can improve your safety and reduce your risk of getting into an accident.
 

Rules of the Road

In Texas, bicycles are treated much the same way as standard motor vehicles (Section 551.101). Bicyclists are subject to many of the same traffic laws and roadway rules as motor vehicle drivers. For example, a cyclist must travel in the same direction as motor vehicle traffic on the road. It is against the law to ride against traffic. A bicyclist should stay as close to the right-hand edge of the road as possible, except when avoiding a hazard or making a left-hand turn.
Bike riders may ride two abreast with one another in the same lane, as long as they do not impede traffic (551.103/551.103c). They cannot, however, ride abreast of a motor vehicle. If a motor vehicle driver wishes to pass a bicyclist, the driver must keep a safe distance from the biker when doing so (545.053). In general, bicyclists should use bicycle lanes when available. However, this is not a legal requirement. Cyclists can also ride on sidewalks under state law, although this is prohibited by municipal law in most major cities.
Bicyclists in Texas must obey all traffic signs and signals, including red lights and stop signs. They must also yield the right-of-way to vehicle and pedestrian traffic at intersections, when applicable. Under current Texas law, riding a bicycle under the influence of drugs or alcohol is not against the law. However, the cyclist could face legal liability for causing a bicycle accident while under the influence.

Bicyclist Requirements and Responsibilities

In addition to obeying most of the standard rules of the road that apply to motor vehicle drivers, bicyclists also have other responsibilities that are unique to them. For example, all cyclists should keep at least one hand on the handlebar for appropriate vehicle control, but two hands are optimal (551.102c). Cyclists should not carry anything that prevents them from keeping at least one hand on the handlebars. Bicyclists should also use hand and arm signals to tell surrounding drivers of their intentions to turn or stop (545.107).

Bicycle Equipment Requirements

A bicycle that is being operated on a public road must be equipped with a brake that is capable of stopping the bike on dry, level, clean pavement. If a bicycle is being used to ride at night, it must be equipped with a white light on the front of the bicycle that is visible for at least 500 feet, as well as a red reflector or light on the rear of the bicycle (551.104b). All bicycle riders or passengers must have their own saddles.

Helmet Law

As of 2021, Texas does not have a universal helmet law. There is no state law that requires all bicycle riders to wear safety helmets. However, several cities in Texas have passed their own laws requiring helmets by children and/or adults. In Dallas, for example, cyclists under the age of 18 must wear helmets. Research the laws in your municipality.

Bicycle Safety Tips

Following all of the laws that apply to you as a bicyclist in Texas can reduce your risk of getting into a serious accident. Other tips for reducing your risk of a wreck include wearing brightly colored clothing or a reflective vest, being aware of your surroundings, not listening to music or talking on the phone while you ride, and stopping at all red lights and stop signs. Being a prudent and responsible bicyclist in Texas is the safe thing to do.