Austin cyclists have legal rights. When a negligent driver injures you on the road or trail, Baker Matthews fights to make you whole — no fee unless we win.
Call (512) 474-0100 Free Case ReviewAustin consistently ranks among the most bicycle-friendly cities in Texas and the South. The Barton Creek Greenbelt, the Lady Bird Lake Trail (Ann and Roy Butler Hike and Bike Trail), Shoal Creek Trail, and an expanding protected bike lane network attract thousands of cyclists daily — commuters, recreational riders, and competitive athletes alike. MoPac frontage roads, South Lamar, and the Congress Avenue Bridge area are popular cycling corridors. The University of Texas campus generates dense bicycle traffic year-round.
But Austin's rapid growth has created real hazards for cyclists. More vehicles mean more exposure. Infrastructure struggles to keep pace. And despite legal protections on paper, cyclists on Austin roads face a fundamental vulnerability: in a collision with a motor vehicle, the cyclist always loses physically, regardless of who was legally at fault.
At Baker Matthews Law Collective PLLC, our Austin bicycle accident attorneys understand both the law protecting cyclists and the bias that sometimes works against them. We build thorough cases that establish liability, document injuries accurately, and fight for every dollar of compensation our clients are entitled to — including amounts that reflect the unique vulnerability of cyclists and the often-severe nature of their injuries.
Prior results do not guarantee a similar outcome.
Prior results do not guarantee a similar outcome. Each case is unique.
Cyclists Have Full Road Rights: Under Texas Transportation Code §551.101, a cyclist operating on a roadway has all the rights and duties of a motor vehicle operator. Cyclists may legally use full traffic lanes where bike lanes are absent or unsafe. Drivers cannot legally pressure cyclists off the road.
Three-Foot Passing Law: Texas Transportation Code §545.053 requires motorists to pass cyclists with at least three feet of clearance, or to change lanes entirely when safely possible. Violation of this statute can constitute negligence per se — making it easier to establish liability in a lawsuit.
Helmet Law: Texas does not require adults to wear helmets when cycling on public roads. A cyclist's decision to ride without a helmet does not bar their personal injury claim, though insurers may attempt to use it to reduce compensation for head injuries. We counter this with expert medical testimony.
Dooring Prohibition: Texas Transportation Code §545.418 makes it unlawful to open a vehicle door into the path of moving traffic, including cyclists. Violation is evidence of negligence.
Statute of Limitations: Two years from the accident date (Tex. Civ. Prac. & Rem. Code §16.003). If a governmental entity's road conditions contributed to the crash, notice deadlines under the Texas Tort Claims Act may be as short as six months.
Comparative Fault: Texas's 51% rule applies to bicycle accident claims. Insurers frequently allege the cyclist was not following traffic laws or was riding recklessly to shift comparative fault. We anticipate and counter these arguments with evidence.
See also our pages on motorcycle accidents and rideshare accidents for related information on vulnerable road user claims.
We know the Lady Bird Lake Trail, the Shoal Creek corridor, the South Congress bike lanes, and the protected intersections where crashes happen. That local knowledge matters when we reconstruct what happened and establish why the driver — not the cyclist — was at fault.
Like motorcyclists, cyclists often face unfair blame from insurers. We build evidence-first cases that counter the assumption that the cyclist must have done something wrong — because in most cases, they did not.
When a road defect contributed to your bicycle crash, we navigate the Texas Tort Claims Act's notice requirements and pursue TxDOT or the City of Austin for their share of responsibility. These claims have strict and short deadlines — act fast.
Cyclist injury claims — including cases involving significant medical bills and lost wages — are handled entirely on contingency. You pay nothing unless we recover money for you.
Texas does not require adult cyclists to wear helmets, so riding without one is not illegal. However, an insurer may argue that a helmet would have prevented or reduced head injuries — attempting to assign you comparative fault. We counter this with medical expert testimony establishing which injuries resulted from the crash itself versus any alleged failure to wear a helmet.
Yes. Cyclists in designated bike lanes have a right to be there and are owed a duty of care by motorists. A driver who crosses into a bike lane, turns across one without yielding, or doors a cyclist may be liable for all resulting injuries. The existence of a bike lane and the driver's violation of your right to use it actually strengthens your claim.
This is a routine insurance tactic, especially in bicycle accident cases. An insurer's denial does not end your claim — it often means a lawsuit is necessary. We file suit, use the discovery process to obtain the driver's phone records, traffic camera footage, and witness statements, and build the record that demonstrates the driver's fault. Most cases resolve favorably in settlement before trial once evidence is developed.
Texas Transportation Code §545.053 requires motorists to maintain at least three feet of clearance when passing a cyclist, or to change lanes when safely possible. A driver who strikes a cyclist without maintaining this clearance has violated a specific traffic statute — creating what Texas law calls negligence per se. This makes it significantly easier to establish that the driver was negligent without having to prove the more general reasonable person standard.
Potentially. If TxDOT or the City of Austin knew or should have known about a dangerous road defect and failed to repair it, they may be liable for your injuries. However, claims against government entities require strict compliance with the Texas Tort Claims Act — including written notice of claim filed within six months of the accident. Contact us immediately if road conditions played any role in your crash.
You may recover: medical expenses (emergency, surgical, rehabilitation, and future care), lost wages and earning capacity, pain and suffering, mental anguish, disfigurement and scarring (road rash injuries are a recognized damage category), loss of enjoyment of life, and property damage to your bicycle and gear. In cases of gross negligence — such as a drunk driver striking a cyclist — exemplary damages may also be available.
Cyclists deserve full compensation. No fee unless we win. Bilingual English/Spanish service available.
Call (512) 474-0100 Free Case Evaluation