I was hit by a car while riding my bike. What now?

A cyclist has the same right to the road as a driver

Under Texas law, a person riding a bicycle has the rights and duties of the driver of a vehicle. A cyclist moving slower than traffic generally rides as near as practicable to the right curb or edge, but the law recognizes exceptions: passing, preparing to turn left, avoiding hazards, and an outside lane less than 14 feet wide or too narrow to share safely with a car. A cyclist taking the lane on a narrow street is using the road the way the law allows.

Houston goes further. The city’s safe passing ordinance requires drivers to leave at least three feet when passing a cyclist, pedestrian or other vulnerable road user, or six feet if the driver is in a commercial vehicle or a truck larger than a pickup, and to follow at a safe distance. A driver who brushed you or clipped your handlebar did not leave enough room.

The crashes that happen most

Most bicycle crashes with cars follow a few patterns. A driver passes too close. A driver turns right across the cyclist’s path at an intersection or driveway (the “right hook”). A driver turns left in front of an oncoming cyclist. A driver pulls out of a side street or parking lot without looking. And a parked driver opens a door into the bike lane.

That last one — dooring — is covered directly by the traffic code: a person may not open a vehicle door on the side of moving traffic unless it is reasonably safe to do so and does not interfere with that traffic. A driver who doored you broke that rule.

What the other side will argue

Insurers argue that the cyclist came out of nowhere, rode against traffic, ran a light, had no lights at night, or should not have been on that road. Some of those points can matter, and Texas proportionate responsibility divides fault. You can still recover as long as you are not more than 50% responsible, reduced by your share.

Texas has no statewide helmet requirement for adult cyclists. A defense lawyer may still argue that a helmet would have reduced a head injury; that argument has to be proven and has nothing to do with other injuries.

Where the money comes from

The driver’s liability insurance is the first source. If you own a car, your own auto policy’s personal injury protection and uninsured/underinsured motorist coverage often cover you as a cyclist too, including when the driver fled or had no insurance. Many bicycle crashes are hit-and-runs, and that coverage is often what makes a recovery possible.

Keep the bike, helmet and clothing as they are after the crash. Photograph the bike before it is repaired. If you ride with a camera or a fitness tracker, save the file from that ride — it may show your speed, your route and even the car.

Electric bikes

Texas law generally treats an electric bicycle like a regular bicycle, so an e-bike rider has the same rights on the road and the same claims after a crash. The same insurance points apply: your own auto policy may cover you, and the driver who caused the crash is responsible whether your bike had a motor or not. If a defect in the e-bike itself — a battery, brake or frame failure — contributed to the crash, the manufacturer or seller may also be responsible. Keep the bike and the battery exactly as they are.

Authority: Tex. Transp. Code ch. 551 (bicycles) · Tex. Transp. Code § 545.418 (opening vehicle doors) · Houston Code of Ordinances § 45-44 (safe passing)