Find a bicycle accident lawyer in Austin: passing rules, who pays and your deadlines
The copy of Austin's code in city records makes a car leave at least 3 feet when passing you on a bike, and a truck at least 6 feet, when conditions allow. Most Texas injury suits must be filed within 2 years. If a City of Austin road or vehicle played a part, your claim letter is due in 45 days.
Last checked November 9, 2026 · Official sources (45)
How many cyclists get hurt in Austin?
City numbers show 21 serious bicyclist injuries in 2025, down from 27 the year before. Deaths among bicyclists went up in 2025. These are early counts.
Austin Transportation and Public Works counted 458 miles of bike lanes in 2026. Danger is not spread evenly. The city's High Injury Network is 8% of its streets but carries nearly 60% of crashes with a death or serious injury. More than one-third of those crashes from 2017 to 2021 happened at intersections with signals.
What rules protect me on a bike in Austin?
Austin says riders have the rights and duties of drivers. State law agrees. City code adds rules made for people on bikes, who count as vulnerable road users.
| What happened | The rule | What to save |
|---|---|---|
| A car passed too close | At least 3 feet for cars and light trucks when conditions allow. | Helmet or dash video, witness names |
| A truck passed too close | At least 6 feet for trucks and commercial vehicles. | Company name, plate number |
| A driver turned left into you | The driver must yield to you coming from the other direction. | Where each of you was headed |
| A driver passed, then turned right | No right turn in front of you unless safely clear. | Damage on the side of your bike |
| A parked driver opened a door | A door may open into traffic only if it is safe. | Photo of the car and door |
Slower riders are generally expected to stay near the right, with exceptions for turns, hazards and narrow lanes. Texas also makes an exception for outside lanes under 14 feet wide. You may also ride on an Austin sidewalk in a reasonable and prudent manner.
What should I do right after a bike crash in Austin?
- Call 911 if you are hurt. Officers may skip crashes with no injury, so say you need care.
- Tell them if the driver seems impaired or will not share information. Austin Police say they respond to those.
- Keep the bike as it is, with its broken parts. Do not fix it yet.
- Get the driver's name, plate and insurance card. If the driver left, file a Hit & Run report online.
- Buy the crash report through BuyCrash when it is ready.
Who pays when a car hits a cyclist in Austin?
- The driver's liability insurer. Texas requires at least $30,000 per person.
- Your own car policy, even if you were on a bike. Uninsured motorist coverage protects insureds from uninsured or underinsured drivers.
- Personal injury protection on your policy or a household member's, which pays reasonable expenses.
Fault can shrink or end a claim. Above 50 percent, Texas gives you nothing. Expect questions about lights and phones. Austin bans using a portable electronic device while riding, and at night a bike needs a white front light visible from 500 feet and a red rear reflector or light. Children 17 and under must wear a helmet. Adults do not have to.
Who is responsible for a pothole or bad bike lane in Austin?
First work out who owns the road. The city says it maintains select rights-of-way, including sidewalks and multi-use trails. But 65% to 75% of Austin's traffic deaths happen on state-owned roads, so the state may be the owner where a crash happened on a big road.
| Owner | Notice | Where to start |
|---|---|---|
| City of Austin | 45 days, and the charter says notarized by affidavit. | P.O. Box 1546, Austin 78767-1546, or [email protected]. |
| State or county | Generally 6 months. | Travis County Risk Management: (512) 854-9659. |
A plain road defect gets only limited protection under Texas law. Special defects, such as excavations or obstructions, get more. Your letter needs the date, time, place, what happened, your injury and your contact details. Report the hazard to 3-1-1 as well, and save the service number.
What should I ask a bicycle accident lawyer in Austin?
- Have you used Austin's vulnerable road user rule in a claim?
- Who owns the street where I crashed, and which deadline applies?
Questions
How long do I have to sue after a bike crash in Austin?
Generally 2 years. A claim against the City of Austin needs a letter within 45 days. Missing it can excuse the city from liability.
Does my car insurance cover me on a bike?
It may. Uninsured motorist coverage stays in a Texas policy unless rejected in writing. Read your policy or ask your agent.
Bicycle accident in Austin? See if you are owed money.
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See if I’m owed moneySources (45)
- City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “three feet if the operator’s vehicle is a passenger car or light truck”
- City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “six feet if the operator’s vehicle is a truck, other than a light truck, or a commercial motor vehicle”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
- Texas Transportation Code 545.418, checked 2026-11-09. “open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety”
- Texas Department of Insurance, checked 2026-11-09. “If you don't want it, you have to turn it down in writing.”
- City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “| Bicyclist | 27 | 21 | ↓22.2% |”
- City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Deaths among motorists, motorcyclists, bicyclists and e-scooter riders were up compared to 2024”
- Austin Transportation and Public Works, Services and Budget (March 2026), checked 2026-11-09. “458 miles of bike lanes”
- City of Austin, Vision Zero, checked 2026-11-08. “It includes just 8% of the city's street network but contains nearly 60% of all serious injury or fatal crashes”
- City of Austin, Mobility Outcome Report, August 2022, checked 2026-11-08. “more than one-third of crashes that resulted in serious injury or death in Austin occurred at signalized intersections”
- City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-08. “have the rights and are subject to all of the duties and regulations applicable to drivers of motor vehicles”
- Tex. Transp. Code § 551.101(a), checked 2026-11-08. “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle”
- City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “a person operating a motorcycle, moped, motor-driven cycle, or motor assisted scooter”
- City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction”
- City of Austin records, City Code § 12-1-35 Vulnerable Road Users, checked 2026-11-08. “subsequently make a right-hand turn in front of the vulnerable road user”
- Tex. Transp. Code § 551.103(a), checked 2026-11-08. “a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:”
- Texas Transportation Code 551.103, checked 2026-11-09. “less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane”
- City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-08. “Riding a bicycle or micromobility device on a sidewalk is allowed, in a reasonable and prudent manner.”
- Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “Vehicles are drivable and there are no injuries”
- Austin Police, Traffic Enforcement presentation (April 2023), checked 2026-11-08. “City of Austin vehicle is involved”
- City of Austin, File a police report, checked 2026-11-08. “Hit & Run”
- City of Austin, Purchase an APD online crash report, checked 2026-11-08. “Purchase online crash reports for the Austin Police Department jurisdiction with LexisNexis”
- Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
- Texas Insurance Code 1952.101, checked 2026-11-09. “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles”
- Texas Insurance Code 1952.151, checked 2026-11-09. “provide for payment to the named insured in the policy, members of the insured's household”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-09. “Using a portable electronic device when operating a bicycle or micromobility device in motion is prohibited.”
- City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-09. “A front white light visible from at least 500 feet in the front”
- City of Austin, Bicycle and Micromobility Laws and Safety, checked 2026-11-09. “Children ages 17 and under are required to wear a helmet when riding a bicycle or micromobility device.”
- CapMetro, Bikeshare, checked 2026-11-09. “helmets are not required for adults over the age of 17 in Austin.”
- City of Austin, Right-of-Way Maintenance, checked 2026-11-08. “The City is responsible for repairs and maintenance in select rights-of-way, including public roads, alleys, sidewalks, multi-use trails, and public trees.”
- City of Austin, Severe crashes show downward trend in 2025, checked 2026-11-08. “Approximately 65%-75% of Austin’s traffic fatalities occur on roads owned by the state.”
- City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “The current version of the charter requires claimants to give written notice of a claim notarized by affidavit.”
- City of Austin, File a Claim, checked 2026-11-08. “City of Austin Law Department - Claims P.O. Box 1546 Austin, TX 78767-1546”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- Travis County, Risk Management, checked 2026-11-08. “(512) 854-9659”
- Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property”
- Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “special defects such as excavations or obstructions on highways, roads, or streets”
- City of Austin, File a Claim, checked 2026-11-08. “Date, time and location of the incident Description of what occurred Type of damage(s) or injury”
- City of Austin, Request sidewalk or street repair, checked 2026-11-08. “You can contact Austin 3-1-1 online, with the app, or by phone to request repairs.”
- CapMetro, Bikeshare, checked 2026-11-09. “Bikeshare is a CapMetro operated system of electric-assist bikes that get you around central Austin and connect you to transit stations.”
- CapMetro, Bikeshare Media Kit 2026, checked 2026-11-09. “With 80+ stations and 500+ e-bikes across Austin”
- CapMetro, Help and Contact, checked 2026-11-08. “Call our GO Line at 512-474-1200”
- City of Austin, Staff charter recommendations with charter text (May 2026), checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”