Find a bicycle accident lawyer in McAllen: the city's passing rule and who pays
McAllen code makes a driver leave at least 3 feet when passing a bicyclist, or 6 feet in a larger truck, when road conditions allow. If a driver broke that rule, say so in your police report. You generally have 2 years to sue, and much less if a city crew or road defect was involved.
Last checked November 9, 2026 · Official sources (37)
How dangerous is it to ride a bike in McAllen?
The city counted 125 people on bicycles in crashes from 2018 to 2023. Nine were killed or seriously hurt, which is 7%. Compare that with 1% of people in motor vehicles. Those crash numbers come from surface streets and leave out interstates.
McAllen also has 44 miles of hike and bike trails. A crash on a trail raises different questions from a crash on Nolana Ave or N 10th St, two priority corridors, so the first thing to pin down is exactly where you were.
What traffic rules protect cyclists in McAllen?
Since 2013 the city has had its own vulnerable road user ordinance, which covers people on bicycles. It gives you exact words to point to when an adjuster says you came out of nowhere.
| What happened | McAllen rule or state law | What to do |
|---|---|---|
| A car passed too close | 3 feet for a car or light truck, 6 feet for a larger truck | Tell the officer how close it felt and if your bars or bag were touched |
| The driver stayed in your lane on a multi-lane road | Move out of the lane or pass at a safe distance | Note the number of lanes |
| A driver turned right across you | May not overtake and then turn in front of you unless safely clear | The plan names this as a common serious crash |
| An oncoming driver turned left into you | Must yield to you in the intersection | Photograph the signal and lane markings |
| A driver swerved out of the lane into you | Due care to avoid hitting you | The city also found this pattern |
| A door opened in front of you | Open a door only when it is safe | Get the car owner's insurance |
A rider in Texas has the same rights and duties as a driver, with some exceptions. If you were slower than traffic you should stay near the right, except for turns, hazards and lanes too narrow to share.
City code adds a lighting rule: at night you need a white front light visible from at least 500 feet. In Texas you can recover if your share of the blame is 50% or less.
What should I do after being hit on a bike in McAllen?
- Call 911 if you are hurt. For a non-emergency report, McAllen Police is at (956) 681-2000. Texas drivers must report injury crashes right away.
- Get the driver's name, plate and insurer before you leave.
- Keep the bike and helmet exactly as they are. Photograph the road and any glass or debris.
- Get checked. South Texas Health System McAllen is a Level I trauma center.
- Order your report from McAllen Police for $6, or $8 certified. Call (956) 681-2080 first to see if it is ready.
Who pays my medical bills after a bike crash in McAllen?
- The driver's auto liability policy pays first in most cases. The Texas minimum is $30,000 per person.
- Your own PIP can pay you and members of your household for reasonable expenses.
- Your own uninsured motorist coverage can step in if the driver has none or too little, unless it was rejected in writing.
- If a City of McAllen vehicle hit you, the claim goes to Risk Management.
What if a pothole or trail defect caused my bike crash in McAllen?
The city maintains 824 centerline miles of streets, and its Parks department runs the trails from 2001 Trophy Dr. Against a government, an ordinary road defect brings only a limited duty, while special defects such as obstructions in the road bring a higher one. Recreational land has its own rule that often limits what the owner owes.
Report the hazard through 311 so the next rider is safer, but do not count that as your legal notice. File the city's claim form, and pick Personal Injury. The deadline is at most six months, and a city can set less. We could not confirm a shorter McAllen rule, so treat it as urgent.
Questions
How long do I have to file a bicycle accident claim in McAllen?
Generally 2 years to sue. If the city is involved, notice is due within six months at most.
Does McAllen have a 3-foot law for bikes?
Yes. City code sets 3 feet for cars and light trucks and 6 feet for larger trucks and commercial vehicles when road conditions allow.
Can I still claim if I had no helmet in McAllen?
We did not find a city or state rule making a helmet a condition of a claim. The insurer may still argue it worsened a head injury.
Bicycle accident in McAllen? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (37)
- City of McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “Three feet if the operator's vehicle is a passenger car or light truck; or (2) 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”
- 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 McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “may not overtake a vulnerable road user traveling in the same direction and subsequently make a turn in front of the vulnerable road user unless the operator is safely clear”
- 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”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Bicycle 125 9 7%”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “Motor Vehicle 38,327 218 1%”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “(interstates are excluded)”
- McAllen Parks, City Parks, checked 2026-11-09. “44 Miles of Hike and Bike Trails”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “C1 N Bicentennial Blvd W Hackberry Ave to Pecan Blvd 6 4 4 14 C2 Nolana Ave N Main St to N 6th St 6 5 3 14 C3 N 10th St Pecan Blvd to La Vista Ave”
- City of McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “Using or operating equipment other than a motor vehicle, including, but not limited to, a bicycle, handcycle, or other type of human-powered vehicle;”
- City of McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “If the highway has two or more marked lanes running in the same direction, vacate such lane; or (2) Pass the vulnerable road user at a safe distance.”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-08. “vehicle turning right struck a bicyclist traveling straight through the intersection.”
- City of McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection”
- City of McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “shall exercise due care to avoid colliding with any vulnerable road user on a roadway or in an intersection of roadways.”
- City of McAllen, Vision Zero Action Plan (August 2024), checked 2026-11-09. “A driver of a vehicle traveling on the roadway in the same direction as the bicyclist left the travel lane and swerved into the bicyclist.”
- 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”
- 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:”
- City of McAllen Code, § 102-211 to 102-212, Vulnerable Road Users, checked 2026-11-09. “A lamp on the front of the user that emits a white light visible from a distance of at least 500 feet in front of the user.”
- 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 McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Non-Emergency Police: (956) 681-2000”
- Tex. Transp. Code § 550.026(a), checked 2026-11-08. “The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision”
- South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
- McAllen Police Department, FAQ, checked 2026-11-08. “All accident reports are $6.00 dollars and certified copies of accident reports are $8.00 dollars.”
- McAllen Police Department, FAQ, checked 2026-11-08. “inquiry on the status of your report at (956) 681-2080”
- 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 Department of Insurance, checked 2026-11-09. “If you don't want it, you have to turn it down in writing.”
- City of McAllen, Risk Management, checked 2026-11-08. “1300 Houston Ave. City Hall - 1st Floor McAllen, TX 78501 (956)681-1410”
- McAllen Public Works, Streets & Drainage, checked 2026-11-08. “The Streets Maintenance Department maintains 824 centerline miles of streets”
- McAllen Parks, City Parks, checked 2026-11-09. “McAllen Parks & Recreation Main Office 2001 Trophy Dr McAllen, TX 78504 (956) 681-3320”
- 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”
- Tex. Civ. Prac. & Rem. Code § 75.002(c), checked 2026-11-08. “If an owner, lessee, or occupant of real property other than agricultural land gives permission to another to enter the premises for recreation, the owner, lessee, or occupant, by giving the permission, does not: (1) assure that the premises are safe for that purpose; (2) owe to the person to whom permission is granted a greater degree of care than is owed to a trespasser on the premises;”
- City of McAllen, McAllen 311, checked 2026-11-08. “by dialing 3-1-1 on their mobile or land line while within city limits”
- City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Property Damage Personal Injury”