Category: Texas Personal Injury

Understanding Bicycle Accidents in Texas

Understanding Bicycle Accidents in Texas

Dallas has a reasonably good reputation for bicycle friendliness. The city earned a Bronze Award from the League of American Bicyclists in 2024. However, it still has work to do to improve its infrastructure and safety.

Dallas bicycle accidents happen for many reasons. Understanding the causes of these crashes can help communities develop effective countermeasures to reduce the risk of collisions, injuries, and fatalities.

Texas Bicycle Accident Statistics

The Texas Department of Transportation (TxDOT) publishes annual pedalcycle accident statistics. “Pedalcycle” is a term traffic experts use that includes bicycles. This term covers all human-powered pedal vehicles, regardless of the number of wheels.

Texas defines bicycle accidents as collisions between motor vehicles and bicycles. Importantly, these incidents don’t include collisions between multiple bicycles or bicycles and pedestrians.

With all of this in mind, TxDOT’s crash statistics for 2024 indicate that there were 2,748 bicycle accidents that year, including the following:

  • 79 fatal collisions
  • 427 suspected serious crashes that caused at least one incapacitating injury
  • 1,379 suspected minor collisions that caused some visible injuries
  • 626 possible injury crashes that produced non-visible injuries with symptoms

Taken together, these statistics highlight the serious risks bicyclists face on Texas roadways and underscore the importance of understanding your legal options after a bicycle accident.

Causes of Bicycle Collisions in Texas

Every bicycle accident has unique facts surrounding it. 

However, the following crash scenarios arise repeatedly:

Failing to Yield to Cyclists

Under Texas law, cyclists have the same rights and must follow the same rules as drivers of motor vehicles. However, drivers often treat bicycles as if they were second-class vehicles. They may maneuver aggressively around them, including trying to pass them or beat them through intersections.

A common crash scenario happens when a cyclist is riding straight, and a driver turns in front of them. In many cases, the driver sees the bicycle but fails to yield even though the rider has the right of way.

Unsafe Passing

Drivers often fail to leave enough space when overtaking bicycles. When a driver crowds a cyclist, even a small mistake can lead to a crash. The driver might sideswipe the bicycle, or the rider might overcorrect after a near-miss. In either situation, the rider may fall to the ground or get run off the road.

Inattentive and Distracted Driving

Distracted driving happens when drivers perform tasks that divert their eyes, hands, or mind from the road. As a result, they may be unable to react when they approach a bicycle.

Similarly, inattentive driving occurs when a driver loses focus. Fatigue and boredom can dull a driver’s senses so they can’t concentrate on the road or any hazards ahead of them. Again, this leaves them unprepared to respond to unexpected events on the road.

Liability for Bicycle Crash Injuries Under Texas Law

The liability for a bicycle crash may fall on a driver who acted negligently. Specifically, a driver may be responsible for a bicycle accident and any resulting injuries if they failed to exercise reasonable care around the cyclist.

For example, a driver might cause a crash when they unreasonably crowd a cyclist while passing. If a reasonable driver would have left more space, the driver who hit the cyclist acted negligently and could be required to provide compensation for the rider’s injury-related losses.

Reducing Your Bicycle Accident Risk

Texas sees thousands of bicycle accidents annually. While you can reduce the likelihood of a crash by riding carefully and wearing protective equipment, some events are out of your control. As such, the best thing you can do is stay alert and ride defensively, understanding that drivers may not look out for you.

How a Texas Bicycle Accident Lawyer Can Help

If you are injured in a bicycle accident in Texas, navigating the legal process can feel overwhelming—especially while you are focused on recovery. An experienced bicycle accident lawyer can protect your rights by investigating the crash, gathering evidence, and determining who may be legally responsible for your injuries. 

A lawyer can also pursue compensation for the full extent of your losses, such as medical expenses, lost income, pain and suffering, and future care needs. By handling negotiations and, if necessary, litigation on your behalf, an attorney allows you to focus on healing while working to hold negligent drivers accountable and secure the financial recovery you deserve.

Worker fallen down while carrying cardboard boxes in warehouse

Can Texas Employees Sue Their Employer if They Were Injured at Work?

Most states require employers to buy workers’ compensation insurance coverage for their employees. Texas is not one of those states. Employers who do not have workers’ comp are referred to as non-subscribers.

Employers must follow filing and notice requirements of the Texas Workers’ Compensation Act, even if the employer does not buy workers’ comp insurance.

While an employer may try to save money by not purchasing workers’ comp insurance, the employer opens itself up to workplace accident lawsuits by employees.

How Does the Workers’ Compensation System Protect Employers?

Workers’ compensation laws in Texas limit actions employees can take against employers for an injury at work. An injured employee must go through the workers’ comp system to seek benefits for a work-related injury. Benefits through workers’ comp are limited to:

  • Receive necessary and reasonable medical treatment for work-related injuries and illnesses;
  • Receive income benefits (a part of lost wages); and,
  • Burial expenses and death benefits for dependents in the event of a work-related death.

The workers’ comp system is a no-fault system. The employee does not need to prove negligence or wrongdoing by the employer to receive workers’ comp benefits. However, workers’ comp laws shield an employer from further liability for a workplace accident.

In most cases, an employee cannot sue an employer after being injured at work. The employee is limited to the benefits available under The Workers’ Compensation Act.

If the employer is a non-subscriber, the employee may have a right to sue the employer for damages and losses related to an on-the-job injury.

If an employer is a non-subscriber, the employer loses the right to use certain defenses to an employee lawsuit for damages. Employers that do not have workers’ compensation insurance cannot raise certain defenses including:

  • The injured employee knew of a specific danger or risk and accepted it;
  • Another employee’s negligence caused the person’s injuries; or,
  • The injured employee’s negligence contributed to the cause of the employee’s injury.

An employer may buy other insurance coverage that covers employees, including health, accident, or disability insurance. Buying other types of insurance coverage is not a substitute for workers’ compensation insurance.

If the employer does not have workers’ comp coverage, the employee may sue the employer for damages after being hurt at work.

Other Situations That Might Result in an Employee Lawsuit

Employees may sue employers in some other situations. The lawsuits can result in more compensation for a workplace injury.

If an employer intentionally causes an employee’s injury, the employee may sue the employer. Also, if an employer is grossly negligent, the employer could be held liable for damages in a civil claim.

Some federal laws protect certain employees, such as railroad workers, harbor workers, and longshoremen. These federal laws may also give certain employees rights to sue their employers for damages.

An injured worker may also have a claim against a third-party. Third-party claims may involve a defective product. Third-party claims may also involve negligence by a subcontractor or other individual not employed by the employer.

For instance, a third-party claim may arise after a car accident caused by another driver that occurred while an employee is on-the-job. The employee may have a claim against the other driver under Texas personal injury laws.

Why Would an Employee Want to Sue an Employer for Damages?

As stated above, an employee hurt at work is usually limited to the benefits provided by the workers’ compensation system. However, those benefits are restricted.

For example, an employee does not receive full compensation for all lost wages. The employee is only entitled to receive partial income benefits.

In a lawsuit against an employer, an employee may recover compensation for additional damages. Damages that might be recoverable in a personal injury lawsuit include, but are not limited to:

  • Additional medical treatment that might not have been deemed necessary under workers’ compensation;
  • Full compensation for all loss of income, including future loss of income or decreased earning capacity;
  • Physical pain and suffering, including scarring, disfigurement, and permanent disability;
  • Emotional distress and mental anguish; including depression, PTSD, and loss of quality of life;
  • Cost of personal care and help with household chores; and,
  • Other out-of-pocket expenses and financial losses related to the accident or the employee’s injury.

Filing a lawsuit against the employer or a third-party may result in full compensation for all damages.

The employee needs to prove negligence by the employer or the third party before the employee could recover compensation for the injuries, losses, and damages.

Talking to an attorney as soon as possible can be very beneficial for learning about your rights and options after a workplace injury.