Find a bicycle accident lawyer in Houston: the 3-foot rule and who pays
Houston law requires drivers to give cyclists 3 feet or more. If a car hit you, the driver's insurance usually pays first, and Texas requires at least $30,000 per person. A bike claim against a driver generally must be filed within 2 years. If a City of Houston vehicle or street was to blame, written notice is due in 90 days.
Last checked November 9, 2026 · Official sources (40)
What traffic rules protect cyclists in Houston?
A cyclist on a Houston street has a driver's rights and duties. Houston adds its own 3-foot passing rule.
| Rule | What it says | How it helps or hurts a claim |
|---|---|---|
| Riding position | Slower riders keep as far right as practicable, but an outside lane under 14 feet is an exception. | Many Houston streets have narrow lanes. Taking the lane may be legal. |
| Car doors | A driver may open a door on the traffic side only when it is reasonably safe. | Helps if you were doored by a parked car. |
| Bike lanes | Drivers cannot park in a dedicated bike lane. The fine is $100. | A van blocking the lane that pushed you into traffic may share the blame. |
| Downtown sidewalks | No riding on sidewalks in the central business district. | An insurer may use this against you. |
How common are bike crashes on Houston streets?
City data for 2022 shows 11 people on bikes died and 32 were seriously hurt on Houston streets. The danger is not spread evenly. Houston's High Injury Network is 8.9% of streets but holds 58% of traffic deaths and serious injuries. An earlier city plan found 43% of deaths and serious injuries were at or related to an intersection or driveway.
The city's plan calls for almost 1,800 miles of high-comfort bikeways. We could not find an official count of how many of those miles are finished today, so do not assume your route had protection.
Who pays my bills after a car hits my bike in Houston?
- The driver's liability policy. Texas minimums are $30,000 per person and $60,000 per crash.
- Your own uninsured or underinsured motorist coverage, if you have a car policy. It protects insured people from drivers with no coverage or too little. Texas insurers include it unless you turned it down in writing.
- Personal injury protection on a household car policy. That coverage pays reasonable expenses for the policyholder and household members.
Low limits are a real problem here. The Texas Department of Insurance says 12% of registered vehicles in the state are not matched to a policy. Texas also bars recovery if you are more than 50 percent at fault, and cuts your money by your share below that.
What if a Houston city truck or a bad street caused my bike crash?
Different clocks apply, and they are short. For the City of Houston, the charter requires verified written notice to the mayor and city council within 90 days of the injury. Missing it excuses the city from liability.
Sign your letter before a notary. The City Secretary takes the letter at P.O. Box 1562, Houston 77251-1562. Send a copy to the City Attorney's claims office at P.O. Box 368, Houston 77001-0368.
Harris County requires written notice within 180 days. METRO's form must be delivered within 180 days of the incident. For state roads, Texas law sets 6 months.
A pothole claim is hard. The city says state law means it is not liable for property damage caused by street conditions. For injuries, a government usually owes only a limited duty for ordinary road problems, and a higher one for special defects such as excavations or obstructions.
What should I do after a bike crash in Houston?
- Call 911 and get checked. Ben Taub and Memorial Hermann in the Texas Medical Center are Level I trauma centers.
- Do not throw out your bike, helmet or torn clothes. Photograph them and store them as they are.
- If the driver fled, HPD's Vehicular Crimes Division handles hit-and-runs. Tips go to 713-247-4065.
- Buy the crash report through BuyCrash, or send $6 by mail to HPD Records, 1200 Travis. HPD's site says 5 to 8 days to process, but its mail form says to wait 10 days after the crash before mailing.
- Write down the names of witnesses and any shop or home with a camera facing the street.
What should I ask a bicycle accident lawyer in Houston?
- Have you handled claims under Houston's 3-foot passing rule?
- Could a city, county or METRO notice deadline apply to my crash?
Questions
How long do I have to sue after a bike accident in Houston?
Generally 2 years. Children usually get more time, because the clock waits until they turn 18. A claim against the City of Houston needs notice in 90 days.
Is it legal to ride on the sidewalk in Houston?
Not in the central business district. Elsewhere it is allowed unless signs say no, and you must yield to people walking.
Can I still get paid if I was not wearing a helmet in Houston?
We found no Houston or Texas rule in our sources that requires adult cyclists to wear a helmet. An insurer may still argue about it, and Texas reduces money by your share of fault.
Bicycle accident in Houston? See if you are owed money.
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See if I’m owed moneySources (40)
- City of Houston, Houston Bike Plan (full plan), checked 2026-11-09. “Houston law requires 3 feet or more.”
- 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.”
- 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 Houston Legal Department, Filing a Claim, checked 2026-11-08. “duly verified, within 90 days after the same has been sustained”
- 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”
- 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”
- 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”
- 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”
- ParkHouston, Dedicated Bicycle Lane Ordinance, checked 2026-11-09. “prohibits on-street parking of motor vehicles in dedicated bicycle lanes”
- ParkHouston, Dedicated Bicycle Lane Ordinance, checked 2026-11-09. “The violation has a $100 fine.”
- City of Houston, Ordinance amending Chapters 26 and 45 (Nov. 19, 2025), checked 2026-11-09. “No person shall ride a bicycle upon a sidewalk within the central business district.”
- City of Houston, Vision Zero Annual Report 2022, checked 2026-11-08. “Pedalcyclist 12 11 -1 47 32 -15”
- City of Houston, High Injury Network layer information, checked 2026-11-08. “represents 8.9% of Houston streets which account for 58% of traffic deaths and serious injuries”
- City of Houston, Vision Zero Action Plan, checked 2026-11-08. “43% of traffic deaths and serious injuries are at or related to an intersection or driveway”
- City of Houston, Houston Bike Plan, checked 2026-11-09. “Almost 1,800 miles of high-comfort bikeways are planned for the City of Houston.”
- Texas Department of Insurance, checked 2026-11-09. “If you don't want it, you have to turn it down in writing.”
- 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”
- Texas Department of Insurance, Uninsured motorist coverage, checked 2026-11-08. “More than 2.4 million state-registered vehicles are not matched to an insurance policy.”
- 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 Houston Legal Department, Filing a Claim, checked 2026-11-08. “shall exonerate, excuse and exempt the city from any liability whatsoever”
- City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “in writing and sign the letter before a Notary Public”
- City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “City Secretary's Office City of Houston Post Office Box 1562 Houston, Texas 77251-1562”
- City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “City Attorney's Office Attn: Claims/Subrogation Section Post Office Box 368 Houston, Texas 77001-0368”
- Harris County, Claim Filing Procedures, checked 2026-11-08. “Written notice of your claim must be mailed or delivered in person within 180 days of the occurrence to: Harris County Commissioners Court 1001 Preston, Room 610 Houston, Texas 77002”
- METRO, Notice of Claim Form, checked 2026-11-08. “within 180 days of the incident by anyone desiring to make a claim against METRO”
- 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”
- City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “Under State law, the City is not liable for property damage caused by the condition of its streets.”
- 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”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “HARRIS HEALTH BEN TAUB HOSPITAL 4/1/2028 Q HOUSTON 77030”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “MEMORIAL HERMANN - TEXAS MEDICAL CENTER 5/1/2028 Q HOUSTON 77030”
- Houston Police, Vehicular Crimes, checked 2026-11-08. “VCD is specifically tasked with investigating crashes with a criminal nexus, such as fatal crashes, Failure to Stop and Render Aid (FSRA), Failure to Stop and Give Information (FSGI) accidents, as well as crashes involving HPD and HFD fleet vehicles.”
- Houston Police, News Release, October 27, 2026, checked 2026-11-08. “contact the HPD Hit and Run Unit at 713-247-4065”
- Houston Police, Public Information Requests, checked 2026-11-08. “Crash Reports can be purchased online from the Texas Department of Transportation at https://buycrash.lexisnexisrisk.com”
- Houston Police, Public Information Requests, checked 2026-11-08. “Send a check / money order for $6.00 (made payable to the City of Houston)”
- Houston Police, Public Information Requests, checked 2026-11-08. “Accident reports require 5 to 8 days processing time before they are available to the public.”
- Houston Police, Crash Report Request Form, checked 2026-11-08. “should not be submitted until at least 10 days after the crash date to allow time for receipt of the report”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- City of Houston, Ordinance amending Chapters 26 and 45 (Nov. 19, 2025), checked 2026-11-09. “person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian”