Understanding Fault in Bicycle Accidents

Bicycling is an excellent way to enjoy the beautiful scenery of Corpus Christi, whether you’re commuting, exercising, or taking a leisurely ride. However, serious bicycle accidents can occur when motorists fail to share the road responsibly.

Understanding how fault is determined in these accidents is crucial if you are ever involved in a collision. At Bandas Law Firm, P.C., our Corpus Christi bicycle accident lawyers are committed to protecting cyclists’ rights and ensuring they receive the justice they deserve.

Let’s take a closer look at how fault is assessed in bicycle accidents, what Texas laws apply, and what steps you should take if you have been injured.

The Alarming Rise of Bicycle Accidents in Corpus Christi

Corpus Christi has experienced a steady rise in bicycle accidents over the last several years. According to the Texas Department of Transportation (TxDOT), there were 2,266 reported crashes involving bicyclists across Texas in 2022.

Locally, in the Corpus Christi region, bicycle crashes resulted in multiple serious injuries and fatalities. As TxDOT reports, Texas has seen a 58% increase in cyclist fatalities since 2019, and in 2023 alone, there were 914 fatalities involving bicyclists and pedestrians statewide.

This troubling increase underscores the urgent need for increased awareness, enhanced infrastructure, and stronger legal protections for cyclists. Our Corpus Christi accident attorneys are well aware of the dangers cyclists face daily and work tirelessly to hold negligent drivers accountable.

How Fault is Determined in Texas Bicycle Accidents

Texas follows a modified comparative negligence rule. Under this system, an injured party can recover compensation as long as they are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you are barred from recovering damages. If you are less than 51% at fault, your compensation will be reduced by your percentage of fault.

For example, if a cyclist is awarded $100,000 in damages but is found to be 20% at fault for the accident, they would recover $80,000. This makes understanding the details of the fault critically important. Our Corpus Christi bike accident attorneys thoroughly investigate every case to establish liability and minimize any unfair attribution of blame to our clients.

Common Causes of Bicycle Accidents and How Fault is Assigned

Several factors frequently contribute to bicycle accidents. Identifying these causes helps determine who should be held responsible.

• Failure to Yield: One of the most common causes of bicycle accidents is drivers failing to yield the right of way. Whether at intersections, crosswalks, or while making turns, motorists have a legal duty to yield to cyclists when appropriate.
• Distracted Driving: When drivers are texting, using GPS, eating, or otherwise distracted, they are less likely to see cyclists, leading to devastating accidents.
• Dooring Accidents: Opening a car door into the path of an oncoming cyclist is extremely dangerous. In Texas, drivers and passengers must check for approaching cyclists before opening their doors.
• Unsafe Passing: Texas law requires drivers to maintain a minimum clearance of three feet when passing a bicycle. Failure to provide this safe distance can result in serious collisions.
• Cyclist Negligence: While many accidents are caused by motorist negligence, cyclists can also share blame if they run red lights, ignore stop signs, ride against the flow of traffic, or fail to use proper lighting at night.

Our accident lawyers in Corpus Christi carefully review police reports, witness statements, video footage, and accident scene evidence to build the strongest case possible for our clients.

What Texas Law Says About Cyclists’ Rights and Responsibilities

In Texas, bicycles are considered vehicles, and cyclists have the same rights and duties as motorists. Some critical legal points include:

• Cyclists must obey all traffic signals and signs.
• Cyclists should ride as near as practicable to the right side of the road unless passing, avoiding hazards, or preparing for a turn.
• When riding at night, cyclists must have a white light on the front that is visible from at least 500 feet and a red reflector or red light on the rear that is visible from at least 300 feet.
• Motorists must maintain a safe distance of at least three feet when passing a cyclist.
• Cyclists are generally permitted to ride on sidewalks unless a city ordinance prohibits it.

Understanding these laws is vital for both cyclists seeking to protect themselves and for building strong personal injury cases. Our Corpus Christi bicycle accident lawyers ensure that every case we handle highlights how these laws apply to the circumstances.

Proving Fault After a Corpus Christi Bicycle Accident

Proving who was at fault in a bicycle accident requires gathering substantial evidence. Some steps we advise and help our clients with include:

• Obtaining a police report: The accident report often includes preliminary fault assessments and critical witness information.
• Gathering eyewitness accounts: Witness statements can corroborate your version of events.
• Securing surveillance footage: Nearby businesses or traffic cameras may have captured the collision.
• Collecting photographs: Pictures of the accident scene, vehicle damage, injuries, and traffic signs can all help support a case.
• Hiring experts: Accident reconstruction specialists can be used to demonstrate exactly how a collision occurred.

Our Corpus Christi accident attorneys handle every aspect of this investigation to build a compelling case for our clients.

Insurance Challenges in Bicycle Accident Claims

Following a bicycle accident, the at-fault driver’s insurance company will typically be responsible for covering medical expenses, lost wages, property damage, and pain and suffering. However, insurance companies often try to minimize payouts by blaming cyclists for their own injuries or disputing the severity of injuries.

In cases where the at-fault driver is uninsured or underinsured, cyclists may need to rely on their own uninsured/underinsured motorist coverage. Many cyclists don’t realize that their car insurance policies or even homeowners’ insurance policies may offer protection in these scenarios.

We work closely with our clients to navigate the complex insurance issues that often arise after a bicycle accident and fight to secure the full compensation they deserve.

Steps to Take Immediately After a Bicycle Accident

Knowing what to do after a bicycle accident can make a huge difference in your ability to recover damages. Here’s what we recommend:

• Seek Medical Attention Immediately: Even if you feel fine, injuries may not be immediately apparent. Seeking medical treatment promptly protects your health and establishes a medical record associated with the accident.
• Call the Police: Always report the accident to the police and ensure an official report is filed.
• Document the Scene: If possible, take photographs of the scene, your injuries, damage to your bicycle, road conditions, and any visible injuries.
• Exchange Information: Obtain the contact and insurance information of the driver involved, as well as the contact information for any witnesses.
• Avoid Admitting Fault: Do not admit fault at the scene, even if you feel partially responsible.
• Contact a Corpus Christi Bike Accident Attorney: Obtaining experienced legal representation promptly helps protect your rights and ensures that evidence is preserved.

Following these steps ensures that your case gets off to the right start.

How Our Corpus Christi Bicycle Accident Lawyers Can Help

At Bandas Law Firm, P.C., we offer compassionate, aggressive legal representation for injured cyclists. When you work with us, we will:

• Conduct a thorough investigation of the accident
• Gather and preserve critical evidence
• Negotiate with insurance companies on your behalf
• Advocate for your full medical recovery and financial compensation
• Prepare your case for trial if a fair settlement cannot be reached

Injured cyclists deserve strong legal advocates who will fight for accountability and justice.

Bicycle Accident Trends in Corpus Christi: Why Action is Needed

With Corpus Christi seeing a steady increase in bicycle accidents, it is clear that change is needed. Some contributing factors to these trends include:

• Lack of dedicated bike lanes in many areas
• Drivers unfamiliar with sharing the road with cyclists
• Inadequate public awareness campaigns about cycling safety
• Poor road maintenance leads to hazards for cyclists

We are strong supporters of initiatives aimed at making Corpus Christi safer for all road users. From promoting stronger local ordinances to supporting community education campaigns, we are committed to driving positive change.

Frequently Asked Questions About Bicycle Accident Fault in Corpus Christi

Who Pays for My Medical Bills After a Bicycle Accident?

In most cases, the at-fault driver’s insurance should pay for your medical expenses. If they are uninsured or underinsured, your personal insurance coverage may step in.

Can I Still Recover Compensation If I Wasn’t Wearing a Helmet?

Yes, you may still recover compensation even if you weren’t wearing a helmet; however, the insurance company may attempt to argue that you contributed to your injuries.

What Happens if Both the Cyclist and Driver Are Partially at Fault?

Under Texas’s comparative negligence system, you can still recover damages if you were less than 51% responsible, but your percentage of fault will reduce your recovery.

Should I Accept the Insurance Company’s Initial Settlement Offer?

We strongly advise against accepting any settlement without consulting a Corpus Christi bicycle accident lawyer. Early offers are often much lower than what you deserve.

How Long Do I Have to File a Bicycle Accident Lawsuit in Texas?

Generally, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can bar you from recovering any compensation.

Protecting Cyclists and Fighting for Justice

Bicycle accidents can have life-altering consequences. Understanding how fault is determined in these cases is critical to protecting your rights. At Bandas Law Firm, P.C., we are dedicated to helping cyclists in Corpus Christi secure the justice and compensation they deserve. If you or a loved one has been injured in a bicycle accident, do not hesitate to reach out to us. We are ready to stand by your side every step of the way.