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Pedestrian and cyclist accidents in Texas
People on foot or on a bicycle have no vehicle around them, and injuries after a crash can be serious. This guide explains, in general terms, what is worth keeping in mind in Texas, even if you now live in Mexico.
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What often happens in a pedestrian or cyclist crash
These crashes can happen at crosswalks, corners, parking-lot entrances or poorly lit streets. Sometimes the driver says they did not see the person, and each side's account may differ. That is why the details of the place and the moment tend to matter a great deal.
Texas law generally gives a person riding a bicycle the same rights and duties as other drivers, and it also sets rules for drivers and pedestrians at crossings and signals. How those rules apply depends on the facts of each case. Texas also looks at how responsibility is shared among the people involved, so what each person did may be examined as well.
When the driver leaves the scene
In general, Texas law requires a driver involved in a crash that injures someone to remain at the scene and help. Even so, some drivers leave. If this happened to you, any detail may help identify the driver or the vehicle, and it is usually worth telling the police as soon as possible.
Some recordings are erased after a while, and some insurance policies ask for notice within certain time limits, so acting early is often useful. If the driver is never identified, the injured person's own insurance may play a role, as explained below.
- Color, make or type of vehicle
- Full or partial license plate
- Direction the driver went
- Nearby businesses or homes with cameras
- Names and phone numbers of witnesses
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Insurance: uninsured and underinsured drivers
Not every driver has insurance, and some policies are too small to cover serious injuries. In Texas, auto insurers generally must offer uninsured and underinsured motorist coverage (UM/UIM), and it is usually included unless the policyholder rejects it in writing.
This coverage may matter even when the injured person was on foot or on a bicycle, and also when the driver was never identified. Whether it applies, and how far, depends on the terms of each policy, on whether you or someone in your household has one, and on the facts. It helps to have a copy of the policy and read it carefully before signing any documents.
Evidence worth gathering and keeping
If you can do it safely, or if someone you trust can do it for you, document the location as soon as possible. Conditions change: a stripe gets repainted, a signal gets repaired or the lighting is replaced.
It is usually wise not to discard anything for now. Keep the damaged bike, helmet, clothing, shoes and phone just as they were, without repairing or washing them, because they may show how the impact happened. Keep receipts, bills and messages with insurers as well.
- Photos and videos of the crossing, signs and signals
- The lighting at the spot, at night and during the day
- Marks on the pavement, obstructions and blind spots
- The police report and witness details
- Photos of your injuries throughout recovery
Medical follow-up and deadlines
After a blow against the pavement or a vehicle, some symptoms, such as headache, dizziness or neck pain, can show up hours or days later, even if a helmet was worn. Seeing a doctor and following the recommended treatment protects your health and also creates a record of what happened. If you now live in Mexico, keep the records of any care you receive there too, with dates and diagnoses.
On deadlines, many Texas personal-injury claims generally have a two-year limit (Texas Civil Practice and Remedies Code section 16.003). There are exceptions, and some notices to insurers or public entities may have shorter time limits. Every case is different.
If you would like to talk through what happened, Perales Legal, a firm in San Antonio, Texas, can discuss your situation with you. The first to answer are Diego, the virtual assistant on the phone, and Lola, the virtual assistant on WhatsApp; neither of them is a lawyer.
FAQ
What people usually ask
What should I do if the driver who hit me left the scene?
Can uninsured motorist coverage (UM/UIM) apply to a pedestrian or cyclist?
How long do I have to make a claim after an accident in Texas?
Should I keep my damaged bike, helmet and clothing?
General information, not legal advice. Deadlines depend on each case.
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