Pedestrian and cyclist accidents in Texas

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.

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.

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.