Find a bicycle accident lawyer in El Paso: the city's passing rule and who pays

El Paso's city code makes drivers give a bicycle rider at least 3 feet when passing, and 6 feet for larger trucks and commercial vehicles, when road conditions allow. That rule can support your claim against the driver's insurer. A lawsuit over an El Paso bike crash generally must be filed within 2 years.

Last checked November 9, 2026 · Official sources (39)

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Road map of El Paso showing arterial streets, where most of the city's serious bicycle and pedestrian crashes are concentrated
El Paso drivers must give bicycle riders at least 3 feet to pass. Map data © OpenStreetMap contributors.

What does El Paso law say drivers owe a person on a bike?

More than the state law does. Texas gives a cyclist the rights and duties of a driver, and El Paso says the same. The city then adds a section just for people it calls vulnerable road users, and a person on a bicycle is one.

What the driver didWhat city code says
Passed too close in a carAt least 3 feet when road conditions allow
Passed too close in a big truckAt least 6 feet when road conditions allow
Stayed in your lane on a multi-lane streetMust vacate your lane, or pass at a safe distance
Passed you, then turned right in front of youNot allowed unless safely clear of you
Turned left across youMust yield if you are coming from the other way

A broken traffic rule does not settle a civil case by itself, but it gives your claim something solid to point at. Texas also limits opening a car door unless it can be done safely, which covers the door-zone crash.

Can the insurance company blame me for a bike crash in El Paso?

It will try, and these are the local rules it may use. If you are found more than 50 percent at fault, you get nothing. Know what the code asks of you:

  • Ride near the right side when you are slower than traffic. A lane under 14 feet wide is one state exception.
  • Use a white front lamp at night. Most fatal walking crashes here happened in dark lighting, so expect questions about visibility.
  • City code says to use a usable bike path that runs next to the street. An adjuster may raise this if you rode in the street beside one.

None of this means you lose. It means you should write down why you were where you were. Was the path blocked? Was the shoulder full of gravel? Take photos before it changes.

Where do serious bike crashes happen in El Paso?

They bunch up. The city's safety plan found that 68% of fatal and serious walking and biking crashes occurred on 5% of local streets, and 84% of that high injury network is on arterial roads. People 10 to 19 are overrepresented in those crashes, and 16% of the serious ones were near schools.

Drivers also leave. About 24% of bicycle and pedestrian crashes with a death or severe injury were hit and run. After a 2025 hit and run that killed an e-bike rider on Pershing, an arrest came about eight weeks later. If a driver fled, call EPPD at (915) 832-4400 with anything you know.

The city adopted its Bike Plan in 2016, and a 2026 update is focused on neighborhood-scale fixes. A known gap or bad spot may matter, so note the exact block where you were hit.

Who pays my medical bills after a bicycle accident in El Paso?

  1. The driver's liability insurance. Texas drivers must carry at least $30,000 of coverage per injured person.
  2. Your own PIP, if you have an auto policy. PIP covers reasonable expenses for the policyholder and household members.
  3. Your uninsured or underinsured motorist coverage, if the driver had too little or none.
  4. Your health insurance, which may want to be paid back from any settlement.

Being on a bike does not stop you from using coverage bought for your car. Call your agent and ask. Then get the report: EPPD Records is at 911 N. Raynor St. and charges $6. The Sheriff's Office charges $6 for crashes it handled.

What if a pothole or broken road caused my El Paso bike crash?

Move fast. A claim against the City of El Paso needs a sworn written notice to the Mayor within 90 days, or within 6 months for good cause. Most other Texas public bodies get 6 months, but a city charter can set its own period. Road claims are hard, because the government's duty is limited.

Report the hazard online or through 311 and save the confirmation. A broken street light can go to El Paso Electric at (915) 543-5970. Over 40% of the most severe crashes were on state roads like Dyer and Zaragoza, where the responsible agency may be TxDOT and not the city.

Questions

How far must cars stay from bikes in El Paso?

At least 3 feet for a car or light truck, and 6 feet for a larger truck or commercial vehicle, when road conditions allow.

How long do I have to sue after a bike accident in El Paso?

Generally 2 years. If a city road or vehicle was to blame, sworn notice to the Mayor is due within 90 days.

Do I have to wear a helmet on a bike in El Paso?

We did not find a helmet rule in the city's bicycle chapter. Still, an insurer may raise it, so ask a lawyer how it could affect your claim.

What if the driver who hit my bike drove off?

Report it to EPPD at (915) 832-4400 or Crime Stoppers at 915-566-8477. Your uninsured motorist coverage may apply.

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Sources (39)

  1. El Paso City Code 12.80.220, checked 2026-11-09. “Three feet if the operator's vehicle is a passenger car or light truck”
  2. El Paso City Code 12.80.220, checked 2026-11-09. “Six feet if the operator's vehicle is a truck, other than a light truck, or a commercial motor vehicle”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. El Paso City Code 12.80.220, checked 2026-11-09. “may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user”
  5. 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”
  6. 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”
  7. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
  8. City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
  9. Texas Transportation Code 551.101, checked 2026-11-09. “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle”
  10. El Paso City Code 12.76.010, checked 2026-11-09. “Every person riding a bicycle upon a roadway shall be granted all of the rights”
  11. El Paso City Code 12.80.220, checked 2026-11-09. “A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle”
  12. El Paso City Code 12.80.220, checked 2026-11-09. “Vacate the lane in which the vulnerable road user is located if the highway or street has two or more marked lanes running in the same direction”
  13. El Paso City Code 12.80.220, checked 2026-11-09. “shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction”
  14. 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”
  15. 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”
  16. 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”
  17. El Paso City Code 12.76.040, checked 2026-11-09. “Every bicycle when in use at nighttime shall be equipped with a lamp on the front”
  18. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “73% of fatal pedestrian [...] crashes happen in dark lighting conditions”
  19. El Paso City Code 12.76.100, checked 2026-11-09. “Wherever a usable path for bicycles has been provided adjacent to a street or highway, bicycle riders shall use such path”
  20. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “68% of all fatal and serious injury crashes involving someone walking or biking occur on 5% of El Paso’s local streets”
  21. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “84% of the Bicycle/Pedestrian HIN”
  22. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “People aged 10 to 19 years old are overrepresented in bicycle and pedestrian crashes”
  23. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “16% of bicycle and pedestrian KSI crashes occurred near schools”
  24. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “24% of bicycle and pedestrian KSI crashes are hit and run”
  25. El Paso Police news release, November 4, 2025, checked 2026-11-08. “in connection with the hit-and-run investigation that occurred on 09-07-2025 at the 4600 block of Pershing Street”
  26. El Paso Police news release, August 8, 2026, checked 2026-11-08. “call Police (915) 832-4400 or Crime Stoppers”
  27. City of El Paso Bike Plan, checked 2026-11-09. “In 2016 The City adopted a Bike Plan”
  28. City of El Paso Bike Plan, checked 2026-11-09. “The 2026 Update will focus on neighborhood-scale”
  29. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  30. El Paso Police Department, Records & Reports, checked 2026-11-08. “EPPD RECORDS DIVISION 911 N. Raynor St El Paso, TX 79903”
  31. El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident or Crash Reports $6.00”
  32. El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “Crash Reports - $6.00”
  33. Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
  34. Texas Civil Practice and Remedies Code 101.101, checked 2026-11-09. “A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.”
  35. Tex. Civ. Prac. & Rem. Code § 101.022(a), checked 2026-11-08. “if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.”
  36. City of El Paso, Streets and Maintenance FAQs, checked 2026-11-08. “If you spot a pothole, cracks, or other damage on any city street surface, you may report it online or by calling us at 3-1-1.”
  37. City of El Paso, Streets and Maintenance FAQs, checked 2026-11-08. “may be reported to the El Paso Electric Company at (915) 543-5970”
  38. City of El Paso, Vision Zero Action Plan (June 2023), checked 2026-11-08. “Over 40% of the most severe crashes in El Paso occurred on a state roadway, resulting in 371 deaths or serious injuries”
  39. El Paso Police news release, November 4, 2025, checked 2026-11-08. “Crime Stoppers of El Paso at 915-566-8477 to remain anonymous”

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