Houston Hit-and-Run: Cyclist Rights and Legal Options

In Houston, cyclists face a unique set of dangers, and unfortunately, hit-and-run incidents are not uncommon. According to the Houston Police Department, there were over 2,700 reported bicycle accidents in 2023, a concerning number that highlights the vulnerability of cyclists on our roads. If you’re a cyclist who has been injured in a hit-and-run in Houston, understanding your rights and legal options is crucial. This guide aims to provide clarity and direction on what steps you can take to protect yourself and seek justice.

Understanding Hit-and-Run Laws in Texas

Texas law requires drivers involved in an accident to stop and exchange information, as well as provide reasonable assistance to anyone injured. Failing to do so can result in serious criminal charges, including a felony, especially if the accident results in serious injury or death.

Texas Transportation Code § 550.021 outlines the duties of a driver involved in an accident. These duties include:

Stopping immediately at the scene of the accident.
Providing their name, address, and vehicle registration information.
Showing their driver’s license if requested.
Providing reasonable assistance to any injured person, including calling for medical help if necessary.

Leaving the scene of an accident without fulfilling these duties can lead to severe penalties, including fines, jail time, and driver’s license suspension.

Your Rights as a Cyclist in Houston

As a cyclist, you have the same rights and responsibilities as any other vehicle on the road. This means you have the right to use public roadways, and drivers must respect your presence. When a hit-and-run occurs, your rights are violated, and you have the right to pursue legal action to recover damages for your injuries and losses.

Immediate Steps to Take After a Hit-and-Run

If you are involved in a hit-and-run as a cyclist, here are the immediate steps you should take:

Ensure Your Safety: Move to a safe location away from traffic.
Call 911: Report the incident to the police. Provide as much detail as possible about the vehicle and driver, if you have any information.
Seek Medical Attention: Even if you don’t feel seriously injured, it’s important to get checked by a medical professional. Some injuries may not be immediately apparent.
Gather Evidence: If possible, take photos of the scene, your bicycle, and any visible injuries. Collect contact information from any witnesses.
Contact a Houston Bicycle Accident Lawyer: An attorney can help you understand your rights and legal options.

Investigating the Hit-and-Run

Even if the driver fled the scene, there are several avenues to investigate the hit-and-run:

Police Investigation: The police will investigate the incident, collect evidence, and attempt to identify the driver.
Witness Statements: Witness accounts can provide valuable information about the vehicle and driver.
Surveillance Footage: Check for nearby surveillance cameras that may have captured the incident.
Social Media: Sometimes, information about the incident may surface on social media platforms.

Legal Options for Cyclists Injured in Hit-and-Runs

Even if the driver is never identified, you may still have legal options to recover compensation for your injuries and losses:

Uninsured/Underinsured Motorist Coverage: If you have auto insurance, your policy may include uninsured/underinsured motorist (UM/UIM) coverage. This coverage can provide compensation if you are injured by a hit-and-run driver or an uninsured driver.
Personal Injury Protection (PIP): PIP coverage, which is often included in auto insurance policies, can help pay for your medical expenses and lost wages, regardless of who was at fault for the accident.
Med-Pay Coverage: Similar to PIP, Med-Pay coverage can help pay for your medical expenses.
Filing a Lawsuit Against the Driver (If Identified): If the driver is identified, you can file a personal injury lawsuit against them to recover damages for your injuries, medical expenses, lost wages, and pain and suffering.

The Role of a Houston Bicycle Accident Lawyer

Navigating the legal process after a hit-and-run can be complex and overwhelming. A Houston bicycle accident lawyer can help you:

Investigate the Accident: Gather evidence, interview witnesses, and work with accident reconstruction experts to build a strong case.
Negotiate with Insurance Companies: Deal with insurance adjusters and negotiate a fair settlement.
File a Lawsuit: If necessary, file a lawsuit and represent you in court.
Protect Your Rights: Ensure your rights are protected throughout the legal process.

Common Injuries in Hit-and-Run Bicycle Accidents

Bicycle accidents can result in a wide range of injuries, from minor cuts and bruises to severe and life-threatening conditions. Some common injuries include:

Traumatic Brain Injuries (TBI): Concussions, skull fractures, and other brain injuries can have long-term effects on cognitive function and quality of life.
Spinal Cord Injuries: Damage to the spinal cord can result in paralysis or loss of sensation.
Broken Bones: Fractures are common in bicycle accidents, especially in the arms, legs, and collarbone.
Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons can cause pain and limited mobility.
Road Rash: Abrasions caused by sliding on the pavement can be painful and prone to infection.

Preventing Hit-and-Run Bicycle Accidents

While you can’t control the actions of other drivers, there are steps you can take to reduce your risk of being involved in a hit-and-run:

Wear Bright Clothing: Make yourself visible to drivers by wearing bright, reflective clothing.
Use Lights: Use a white front light and a red rear light, especially when riding at night or in low-light conditions.
Follow Traffic Laws: Obey all traffic laws, including stopping at red lights and stop signs.
Ride Defensively: Be aware of your surroundings and anticipate the actions of other drivers.
Use Bike Lanes: When available, use designated bike lanes to separate yourself from traffic.

Call to Action

If you or a loved one has been injured in a Houston hit-and-run bicycle accident, it’s important to seek legal guidance as soon as possible. Contact our experienced Houston bicycle accident lawyers for a free consultation to discuss your rights and legal options. We are here to help you navigate the legal process and fight for the compensation you deserve.