Find a bicycle accident lawyer in Midland: who pays when a car hits you

Hit by a car on your bike in Midland? The driver's liability insurer usually pays first, and Texas requires at least $30,000 per person. Your own uninsured motorist coverage can fill the gap. You generally have 2 years to sue, but only 60 days if the City of Midland is involved.

Last checked November 9, 2026 · Official sources (33)

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Road map of Midland showing Big Spring Street, Andrews Highway and Wall Street, the roads the city lists with the most bicycle and pedestrian crashes
Blaming the City of Midland for a bike crash? Give notice in 60 days. Map data © OpenStreetMap contributors.

How common are bike accidents in Midland?

They are not common, but they are often bad. The city counted 36 bicycle crashes from 2018 to 2022. Eight of them were fatal or serious, about 22%. Among crashes with only vehicles, the share was about 2%.

The roads to watch are Big Spring Street, Andrews Highway and Wall Street, which appear to have the most bike and pedestrian crashes. The city's high-injury streets are just 4% of its roads but hold 55% of fatal and serious bike and pedestrian crashes. The city's safety plan makes safer bike and walking facilities one of its strategies, so a rough stretch you reported may already be known.

Off-street trails are still a work in progress. The city's trails page, last updated in 2020, describes its first Trails Master Plan. Parks and Recreation is at 2300 Butternut.

What are the rules for riding a bike in Midland?

  • You have the same rights and duties as a driver.
  • You generally keep to the right, but not in an outside lane under 14 feet wide that a car and bike cannot safely share.
  • A driver may open a car door only when it is safe. Getting doored on Wall Street downtown is a driver's fault question, not bad luck.

We could not open Midland's online city code to confirm any local rule on riding on sidewalks. If the insurer says you broke a city rule, ask it to name the section. You can also load a bike on the rack on the front of an EZ-Rider bus, which matters if you were hurt getting on or off.

Whose insurance pays for a bike accident in Midland?

SourceWhen it helpsWatch for
Driver's liability policyThe driver caused the crashState minimum is $30,000 per person, often less than a hospital stay
Your uninsured motorist coverageDriver has no insurance, or too littleIt stays on the policy unless someone rejected it in writing
Your PIP coveragePays you and household members for reasonable expensesAsk if it covers you on a bike
Crime victims fundDriver fled or was drunkPays only after other sources are used up

Yes, your car policy can matter even though you were on a bike. Pull the declarations page and read it before you talk to the driver's adjuster. Texas bars recovery if you are more than 50 percent at fault, so expect the insurer to argue about lane position and lights.

What if a pothole or bad road caused my bike crash in Midland?

This is where the deadline gets short. Written, verified notice to the mayor and city council is due within 60 days of the injury. It must state the amount you will settle for, your address and the names of witnesses. Send it through Risk Management, PO Box 1152, Midland 79702, and call 432-685-7246.

These claims are hard. Texas gives a government only a limited duty for ordinary road conditions, and a special duty for defects such as obstructions. Photograph the spot the same day, and report it through SeeClickFix so there is a dated record. Some roads in town are state highways and may belong to TxDOT, and the state notice period is 6 months.

What should I do after a bike crash in Midland?

  1. Call 911 or the non-emergency line at 432-685-7110 so a report exists.
  2. Keep the bike as it is. Do not fix it. Save your helmet and torn clothes.
  3. Get the report from MPD Records after five days.
  4. Ask Midland Health in writing for your records. It should answer in 5 working days and may charge first.
  5. Write down the driver, plate and any cameras nearby.

Questions

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

Generally 2 years. City claims need notice within 60 days.

Does car insurance cover me on a bicycle in Texas?

It can. Uninsured motorist coverage protects insureds from uninsured or underinsured drivers, and PIP pays policyholders and household members.

Can I still recover if I was partly at fault?

Yes, unless you are more than 50 percent at fault. Your money is reduced by your share.

Who handles a bike crash outside the city limits?

Sheriff's deputies patrol Midland County. Non-emergency: (432) 688-1040.

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Sources (33)

  1. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  2. 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”
  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. City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
  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 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”
  7. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Of the 36 bicycle crashes, 8 were”
  8. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “City of Midland had 36 bicycle crashes and 117 pedestrian crashes”
  9. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Approximately 2% of all vehicle-only crashes were KA crashes”
  10. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Big Spring Street, Andrews Highway, and Wall Street”
  11. City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “The HIN consists of 4% of the total City road network”
  12. Midland Vision Zero Comprehensive Safety Action Plan, checked 2026-11-09. “Strategy VRU1. Prioritize the implementation of safer pedestrian and bicycle facilities.”
  13. City of Midland Hike/Bike Trails, checked 2026-11-09. “The plan will identify key corridors for the development of safe, convenient, off-street hiking and biking facilities.”
  14. City of Midland Hike/Bike Trails, checked 2026-11-09. “Physical Address 2300 Butternut”
  15. 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”
  16. 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”
  17. EZ-Rider Transit, checked 2026-11-09. “you may ride your bicycle and secure it on the bike rack located on the front of the bus”
  18. Texas Department of Insurance, checked 2026-11-09. “If you don't want it, you have to turn it down in writing.”
  19. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “Vehicular crimes that are covered include failure to”
  20. Texas Attorney General, Crime Victims' Compensation, checked 2026-11-08. “have been exhausted”
  21. Texas Civil Practice and Remedies Code 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
  22. City of Midland Charter, Sec. 8, checked 2026-11-08. “the amount for which the claimant will settle”
  23. City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
  24. 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”
  25. Texas Civil Practice and Remedies Code 101.022, checked 2026-11-09. “special defects such as excavations or obstructions on highways, roads, or streets”
  26. City of Midland, Report an Issue, checked 2026-11-08. “SeeClickFix is our new 311 program that provides you with report tracking capabilities”
  27. 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”
  28. City of Midland, Police Department directory, checked 2026-11-08. “Non-Emergency Dispatch Ph: 432-685-7110”
  29. Midland Police Department, Request A Police Report, checked 2026-11-08. “Traffic accident reports are typically available at the MPD Records window after 1 p.m., five days after the accident.”
  30. Midland Health, Medical Records, checked 2026-11-08. “Release of Information should provide an answer in 5 working days”
  31. 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”
  32. Midland County Sheriff, Patrol Division, checked 2026-11-08. “patrol all 902 square miles of Midland County”
  33. Midland County Sheriff, Contact Us, checked 2026-11-08. “For Non-Emergencies, call (432) 688-1040”

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