Common Causes of Bicycle Accidents

A bicycle accident involves a collision or incident involving a bicycle and another object, most commonly a motor vehicle. Here are some common causes of bicycle accidents involving motor vehicles:

• Failure to Yield: Motor vehicles failing to yield the right-of-way to cyclists at intersections, crosswalks, or when merging into traffic.
• Dooring: When a parked vehicle occupant opens their door into the path of an oncoming cyclist, causing a collision.
• Unsafe Passing: Motor vehicles passing cyclists too closely or at unsafe speeds, potentially causing sideswipes or collisions.
• Right Hooks: When a motor vehicle makes a right turn without properly checking for cyclists traveling straight, leading to collisions.
• Left Crosses: Occur when a motor vehicle turning left at an intersection fails to yield to an oncoming cyclist traveling straight.
• Rear-End Collisions: When a motor vehicle crashes into the rear of a cyclist, often due to the driver not paying attention or misjudging the cyclist's speed.
• Speeding: Motorists driving above the speed limit may not have enough time to react to cyclists or stop in time to avoid a collision.
• Distracted Driving: Drivers being distracted by activities such as texting, talking on the phone, or adjusting the radio, leading to them not noticing cyclists on the road.
• Impaired Driving: Driving under the influence of alcohol, drugs, or medication can impair a driver's judgment, coordination, and reaction time, increasing the risk of accidents with cyclists.
• Poor Road Conditions: Potholes, debris, uneven road surfaces, or lack of proper bike lanes can contribute to accidents involving cyclists and motor vehicles.

Who Is Liable for a Bicycle Accident in TX?

Determining liability in a bicycle accident in Texas depends on the specific circumstances of the accident. Liability refers to legal responsibility for the accident and any resulting damages.

• Motorist's liability
• Cyclist's liability
• Shared liability
• Insurance companies
• Other parties
• Negligence

Motorist's Liability

In many cases, when a bicycle accident involves a collision with a motor vehicle, the driver of the vehicle may be held liable. This could be due to actions such as speeding, distracted driving, failure to yield, running a red light, drunk driving, or any other violation of traffic laws that contributed to the accident.

Cyclist's Liability

However, if the bicyclist was partially at fault for the accident, their liability will be lowered. Cyclists can be held liable for a bicycle accident if they acted negligently. Examples of cyclist negligence may include running a red light or stop sign, not using hand signals when turning, riding against traffic, or engaging in reckless behavior.

Shared Liability - Modified Comparative Negligence

Texas follows a modified comparative negligence system, which means that liability can be shared between multiple parties involved in an accident. If both the cyclist and the motorist are found to be negligent, their liability may be apportioned based on their respective degree of fault.

If you were partially at fault for the accident, your recovery will be reduced by a percentage that is commensurate with your degree of fault. If you are found to be 50% at fault for the accident, your recovery will be reduced by 50%. If you are found to be 90% at fault, your recovery will be reduced by 90%. If you are found to be completely at fault for the accident, you will not be able to recover any compensation.

Insurance Companies

In some cases, the bicyclist may not be liable for the accident at all, and the motorist's insurance company may be responsible for paying compensation.

The insurance company will always try to prove that the bicyclist was at fault for the accident. If they can prove that you were partially at fault, you will not be able to recover compensation. The insurance company will try to prove that you were partially at fault by bringing up certain key points.

• Did you signal before turning?
• Did you stop at a stop sign or red light?
• Were you riding on the wrong side of the road?
• Did you swerve into the motorist's path?
• Did you swerve into the motorist's lane of traffic?

Other Parties

Liability may extend beyond just the cyclist and the motorist. For example, if a bicycle accident is caused by a defective bicycle part, such as faulty brakes, the manufacturer or distributor of the bicycle or the part may be held liable.

Negligence

Negligence is a key factor in determining liability. If a party, whether it's a motorist, cyclist, or another individual, acts negligently and causes an accident, they may be held liable. Negligence is generally determined by assessing whether the person failed to exercise a reasonable standard of care, considering the circumstances.