Understanding Texas Laws for Pedestrian and Bicycle Accidents

Pedestrians and bicyclists face unique risks on Texas roadways, especially in bustling cities like Corpus Christi. Although these vulnerable road users have the legal right to share the road with motor vehicles, accidents involving pedestrians and cyclists can result in severe, life-altering injuries. 

Understanding Texas laws for pedestrian and bicycle accidents is essential for preventing such incidents and seeking justice when negligence causes harm. For those injured in a pedestrian or bicycle accident, consulting a Corpus Christi pedestrian accident lawyer from the Edwards Law Firm can make all the difference in protecting your rights and obtaining fair compensation.

Pedestrian and Bicycle Rights and Responsibilities in Texas

In Texas, pedestrians and bicyclists are afforded specific rights and responsibilities designed to promote safety and reduce the likelihood of collisions.

Rights of Pedestrians and Cyclists

• Pedestrians: Pedestrians have the right of way in crosswalks, whether unmarked or marked, as long as they are following traffic control signals. Vehicles must yield to pedestrians crossing at intersections or designated crosswalks.
• Bicyclists: Bicyclists are considered vehicle operators under Texas law, granting them the same rights and responsibilities as motor vehicle drivers. Cyclists have the right to use the road and must be given at least three feet of clearance when overtaken or passed by vehicles.

Responsibilities of Pedestrians and Cyclists

• Pedestrians: Pedestrians must obey traffic signals and avoid jaywalking. Walking along roadways should be done on the left side, facing traffic when sidewalks are unavailable.
• Bicyclists: Cyclists are required to obey traffic signs, signals, and lane markings. They must ride in the same direction as traffic, use hand signals for turns, and equip their bicycles with lights and reflectors when riding at night.

Common Causes of Pedestrian and Bicycle Accidents

While pedestrians and cyclists can sometimes make mistakes, many accidents are caused by negligent or reckless motor vehicle drivers. Common causes include:

• Distracted Driving: Drivers texting, using GPS, or engaging in other distractions may fail to notice pedestrians or cyclists.
• Failure to Yield: Motorists turning at intersections or entering crosswalks often fail to yield to pedestrians or bicyclists with the right of way.
• Speeding: Excessive speed reduces a driver’s reaction time, making it harder to avoid collisions.
• Driving Under the Influence: Impaired drivers pose significant risks to all road users, particularly vulnerable ones like pedestrians and bicyclists.
• Dooring Incidents: Drivers or passengers who open car doors without checking for cyclists can cause dangerous collisions.

Fault and Liability in Pedestrian and Bicycle Accidents

Texas operates under a modified comparative fault system, which means that injured parties can recover damages as long as they are less than 51% at fault for the accident. However, their compensation will be reduced by their percentage of fault.

For example, if a bicyclist is found 20% at fault for an accident because they failed to signal a turn, and the total damages amount to $100,000, the bicyclist would receive $80,000.

Proving fault in pedestrian and bicycle accidents often involves evidence such as:

• A police report detailing the accident.
• Eyewitness statements.
• Traffic camera footage.
• Expert accident reconstruction analysis.

Texas Laws Specific to Pedestrian and Bicycle Accidents

Texas Transportation Code

Several sections of the Texas Transportation Code address pedestrian and bicycle safety.

• Section 552: This section outlines pedestrian rights and responsibilities, including the right of way in crosswalks and the obligation to follow traffic control signals.
• Section 551: This section governs bicycle operation, requiring cyclists to ride as close to the right curb as practicable unless making a left turn or avoiding hazards.

Safe Passing Law

Texas has a Safe Passing Law that requires drivers to maintain at least three feet of clearance when passing cyclists or pedestrians. Violating this law can result in citations and may serve as evidence of negligence in an accident claim.

Crosswalk and Sidewalk Laws

Pedestrians are generally required to use crosswalks at intersections when available. Cyclists, on the other hand, may use sidewalks unless local ordinances prohibit it. For instance, some urban areas in Corpus Christi restrict sidewalk cycling in business districts to protect pedestrians.

Steps to Take After a Pedestrian or Bicycle Accident

Victims of pedestrian and bicycle accidents often face severe injuries, from broken bones and head trauma to emotional distress. If you are involved in an accident, taking the following steps can protect your health and legal rights:

• Seek Medical Attention: Prioritize your health by getting immediate medical care, even if you don’t feel injured. Some injuries may not be immediately apparent.
• Report the Accident: Contact law enforcement to file an official accident report, which can serve as vital evidence in your claim.
• Gather Evidence: If you are able, take photos of the accident scene, vehicle damage, injuries, and any relevant road conditions. Collect contact information from witnesses.
• Avoid Admitting Fault: Refrain from apologizing or making statements that could be interpreted as accepting blame. The fault is determined through an investigation.
• Contact a Lawyer: Consult an experienced pedestrian accident lawyer in Corpus Christi, like those at the Edwards Law Firm, to guide you through the claims process and ensure your rights are protected.

Compensation Available for Victims

Victims of pedestrian and bicycle accidents may be entitled to various forms of compensation, depending on the severity of their injuries and the circumstances of the accident.

• Economic Damages: These include tangible losses such as medical expenses, lost wages, rehabilitation costs, and property damage.
• Non-Economic Damages: Victims may also seek compensation for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
• Punitive Damages: In cases involving gross negligence or recklessness, courts may award punitive damages to punish the wrongdoer and deter similar behavior.

How the Edwards Law Firm Can Help

Navigating the aftermath of a pedestrian or bicycle accident can be overwhelming, particularly when dealing with insurance companies determined to minimize payouts. The Edwards Law Firm has extensive experience advocating for injured pedestrians and bicyclists in Corpus Christi.

Our team conducts thorough investigations, gathering the evidence to build a strong case. We negotiate aggressively with insurance companies to secure maximum compensation and are prepared to take your case to court if a fair settlement cannot be reached. With our compassionate approach and unwavering dedication, you can focus on recovery while we handle the legal complexities.

Edwards Law Firm

Understanding Texas laws for pedestrian and bicycle accidents is essential for protecting your rights and ensuring your safety on the road. When accidents happen, knowing how to navigate the legal landscape can significantly impact the outcome of your case.

If you or a loved one has been injured in a pedestrian or bicycle accident in Corpus Christi, don’t face the aftermath alone. The Edwards Law Firm is here to provide experienced, compassionate legal representation and fight for the compensation you deserve. Contact our Corpus Christi pedestrian accident lawyers today at (361) 320-6752 for a free consultation, and let us help you take the first step toward recovery.