Bicycling is a popular mode of transportation and recreation in Texas, but it comes with risks. When an accident occurs between a bicycle and a motor vehicle, determining who is at fault can be a complex and often contentious process. The unfortunate reality is that many drivers are not aware of the laws that protect cyclists, leading to dangerous situations and serious injuries. At Salazar & Velazquez, P.C., we believe that understanding your rights is the first step toward protecting yourself. Here, we’ll explain Texas right-of-way laws and how they apply to bicycle accidents, providing clarity on a challenging personal injury case.
Bicyclists’ Rights on the Road
Texas law, specifically the Transportation Code, grants bicyclists the same rights and duties as drivers of motor vehicles. This means that cyclists are legally allowed to ride on most roads and must obey the same traffic laws, including stop signs, traffic lights, and signals. A common misconception is that bicycles must always yield to cars, but this is not true. Our law firm in Texas works to dispel this myth and ensure that the rights of cyclists are respected and protected during a personal injury case.
Understanding Right-of-Way at Intersections
One of the most frequent locations for bicycle accidents is at intersections. Texas law dictates that when two vehicles arrive at an intersection without a stop sign at approximately the same time, the vehicle on the left must yield to the one on the right. This rule applies equally to bicycles and cars. A skilled personal injury attorney will investigate to see if a driver failed to yield the right-of-way, which is often a key factor in proving their negligence.
The Dangers of Lane Changes and Overtaking
When a driver is passing a bicyclist, they must leave a safe distance of at least three feet between their vehicle and the cyclist. Failure to do so can result in a dangerous collision, and is a clear violation of Texas law. It is crucial to document this type of dangerous behavior immediately after an accident. Our personal injury law experts understand the nuances of these laws and will use them to build a strong case on your behalf.
The Role of Comparative Negligence
Texas operates under a “modified comparative negligence” system. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. If your fault is determined to be greater than 50%, you will not be able to recover any damages. This is a critical point that a personal injury attorney will help you navigate. We work diligently to minimize your perceived fault and maximize your compensation.
How Driver Distractions Impact Right-of-Way
Distracted driving is a leading cause of all types of accidents, including those involving bicycles. A driver who is texting, talking on the phone, or otherwise not paying attention may fail to notice a cyclist who has the right-of-way. This negligence can be a powerful piece of evidence in a personal injury case. Our firm, Salazar & Velazquez, P.C., will investigate cell phone records and other evidence to prove that the driver’s distraction led to the accident.
What to Do Immediately After an Accident
If you have been involved in a bicycle accident, the steps you take immediately afterward are crucial to the success of your personal injury case. First and foremost, seek medical attention. Then, document the scene, get witness information, and contact a personal injury attorney. Do not speak with the other driver’s insurance company without consulting with a legal expert first. This can prevent you from making statements that could harm your claim.
At Salazar & Velazquez, P.C., we are dedicated to helping victims of bicycle accidents. We understand the specific laws that apply to cyclists and are passionate about holding negligent drivers accountable. Navigating a personal injury case on your own can be daunting, but with a knowledgeable and compassionate law firm in Texas on your side, you can focus on your recovery while we handle the legal complexities. If you or a loved one has been injured in a bicycle accident, contact us for a free consultation to discuss your rights and legal options.