What Happens When a Bicyclist Is at Fault for an Accident?

In the majority of bicycle–motorist accidents, the motorist is at fault for failing to follow the rules of the road that pertain to bicyclists. However, bicyclists who fail to follow the rules of the road or who engage in dangerous activities while riding can be held liable after an accident.

Determining Fault in a Bicycle Accident

Bicyclists may be at fault in an accident when they fail to follow the rules of the road. Failing to signal, failing to use the required lighting at night, and riding the wrong way on a one-way street are all actions that could make a bicyclist liable. Liability includes his or her own injuries in an accident, injuries of other people involved, and damages to other vehicles. Because of additional factors contributing to an accident, determining liability is often more complex than it appears.

Texas operates under a modified comparative negligence rule in accident cases. If a driver or cyclist is more than 50% responsible for an accident, he or she may not be able to collect damages at all. Bicyclists who are more than 50% responsible for an accident may be required to pay damages to the driver.

Distracted Driving and Bicyclists

In the state of Texas, bicyclists must have at least one hand on the handlebars at all times. The state does not have a universal ban on cellphone use for drivers of any vehicle over the age of 18. Technically, a bicyclist can talk on a cellphone while riding, but that does not mean that driving on the phone is recommended. Instead, bicyclists should try using hands free technology or pull over to the side of the road before using a phone. It is illegal for riders and drivers to use a handheld device while traveling in a school zone. The city of Houston does not presently have ordinances against distracted driving on bicycles, although some cities in Texas, like Austin, do.

What to Do after a Bicycle Accident

Treat bicycle accidents as you would a vehicle-to-vehicle accident. If there are injuries or damages exceed $1000, you will need to file a police report. You may not be sure about fault in the accident, and that is okay. Avoid apologizing for the accident or claiming fault until you have a chance to evaluate the details of the incident. If the circumstances are unclear, you may want to consult an attorney to learn about your rights and responsibilities in the aftermath of an accident.

Remember to collect as much information at the scene as possible. Stories can change after an accident. If you know you were responsible, you can take the appropriate course of action in the days following the accident. In some cases, bicyclists have been held responsible for accidents, even when they were not the offending driver. Protect your rights by proactively addressing the situation.

Preparing for Liability in a Bicycle Accident

Bicyclists at fault in an accident may have a difficult time paying damages. Although bicycles rarely cause significant damages to vehicles, knowing your policy is vital in the event that a motorist wants to pursue legal action against you. Typically, auto insurance will not cover another driver’s injuries in a bicycle accident; however, some homeowner’s insurance may. Another option is to secure bicycle liability insurance, which can protect bicyclists from paying out of pocket after motorist accidents, pedestrian accidents, and bicycle-to-bicycle accidents.

Although bicyclist liability is a rare occurrence after an accident, preparing for the possibility can help you travel the roads more confidently. Safety is paramount, but you cannot control the behavior of others. Protect yourself on the road by following road laws, securing insurance, and knowing when to pursue the assistance of a Houston personal injury attorney after an accident.