Pedestrian & Bicycle Accidents
Houston pedestrian and bicycle accident lawyer for people hit by a car
Chapter 1
Does a pedestrian have the right of way in Texas?
Often, but not always. Texas law gives people on foot the right of way in some places and requires them to yield in others. Where you were crossing matters, but it rarely settles the case on its own.
- At a crosswalk with no working signal, drivers must stop and yield. That covers marked crosswalks and the unmarked crosswalk at most intersections, when you are on the driver's half of the road or close enough to be in danger.
- At a signal, follow the walk sign. A pedestrian with a walk signal may cross, and turning drivers must yield to people already crossing.
- Outside a crosswalk, the pedestrian must yield to cars. Between two intersections that both have working signals, crossing is only allowed in a marked crosswalk.
- Drivers must always use due care. Even when a pedestrian should have yielded, Texas law still requires a driver to take care to avoid hitting a person on the road.
- Use the sidewalk; where there isn't one, walk facing traffic. On the left side of the road or its shoulder, unless that side is blocked or unsafe.
If a car hit you in the last few days
DO THESE THREE THINGS BEFORE ANYTHING ELSE
Get medical care and keep every record
Head, knee and back injuries from being hit often get worse over the first days. See a doctor, go to every follow-up, and keep every bill.
Keep what you were wearing and your bike
Don't wash your clothes or repair the bicycle. Damage, tire marks and lights show where you were and how the car hit you.
Don't give the driver's insurer a statement
Their adjuster may ask where you crossed or whether your light was on. You are not required to answer, and those answers are often used to blame you.
Chapter 2
Bicycle accidents and Texas law
In Texas a person on a bicycle has the same rights and duties as the driver of a car. Drivers have to share the road, and insurers often argue the cyclist did not.
- Cyclists may use the lane. A slower cyclist rides near the right edge, but may move out to pass, to turn left, to avoid hazards or parked cars, or when the lane is too narrow to share safely with a car.
- Houston requires drivers to give room. The city's 2013 safe-passing ordinance requires drivers to change lanes when they safely can, or leave at least 3 feet when passing a cyclist or pedestrian in a car or light truck, and 6 feet in a larger truck or commercial vehicle.
- At night, a bike needs a front light and a rear reflector or light. A white light visible from 500 feet ahead and, behind, either a red reflector visible from 50 to 300 feet or a red light visible from 500 feet. A missing light does not excuse a driver who was not paying attention.
- Texas has no statewide bicycle helmet law. Houston's city code requires riders under 18 to wear one. Not wearing a helmet does not, by itself, mean you caused the crash.
Chapter 3
Who is responsible when a car hits a pedestrian or cyclist
The driver is usually the first place to look, but often not the only one.
- The driver. For not yielding, speeding, distraction, impairment, turning without looking, or passing too close.
- The driver's employer. If the driver was working, delivering or driving a company vehicle, the employer and its insurance may be responsible too.
- A rideshare company's insurer, or a delivery driver's. Rideshare coverage changes when the driver logs on and when they accept a ride. Delivery coverage depends on the driver's and the delivery company's own policies.
- Your own auto insurance. Your uninsured and underinsured motorist coverage and personal injury protection may apply even though you were walking or riding, depending on your policy.
- A property owner or government agency. A broken signal, a missing crosswalk or a dangerous road can bring others into the case. Claims against a city or the state have short notice deadlines.
Chapter 4
Hit-and-run and uninsured drivers
Many pedestrian and cyclist crashes are hit-and-runs, and many drivers carry too little insurance. You may still have a way to be paid.
- Report it to police and your insurer right away. Your policy sets its own reporting rules, so don't wait.
- Check every policy in your household. Uninsured motorist coverage on your car, or a family member's car you live with, may cover you as a pedestrian or cyclist. When the driver can't be identified, Texas requires that their vehicle actually hit you or your property, such as your bike.
- Look for cameras fast. Business, doorbell and traffic cameras can identify the car, but they are often recorded over within days.
Chapter 5
Where Houston pedestrian and bicycle crashes happen
Wide, fast roads with long gaps between crosswalks are where people on foot and on bikes are hit most. Bus stops, apartment complexes and shopping centers sit along many of them, and the crash location often points to the cameras and witnesses that prove the case.
Chapter 6
What Texas law says about your claim
- 2 yearsDeadline to file suit
- Most pedestrian and bicycle injury lawsuits must be filed within two years of the crash. Claims involving a city, county or state vehicle or road can require written notice much sooner.
- 51%Shared fault
- You can recover as long as you were not more than 50 percent at fault, and your award is reduced by your share. Crossing outside a crosswalk does not automatically put you over that line.
- Stop & yieldCrosswalks without signals
- Drivers must stop and yield to a pedestrian in the crosswalk on their half of the road or close enough to be in danger.
- Full damagesWhat you can recover
- Medical bills, future care, lost wages and earning capacity, physical pain, mental anguish, physical impairment and disfigurement.
Chapter 7
What Allen does on a pedestrian or bicycle case
At big firms your file often goes to a case manager. Allen's cases run differently.
- Evidence first. Letters asking nearby businesses and the driver to keep camera footage and vehicle data before it is lost, plus the police report and witnesses.
- The "you shouldn't have been there" argument answered. Where you were, what the driver could see and what the law required of each of you, laid out with the evidence.
- Every source of coverage found. The driver's policy, an employer's or rideshare policy, and your own household's uninsured motorist and personal injury protection coverage.
- All insurer contact goes through Allen. You never give a recorded statement. Adjusters get his number, not yours.
- Negotiation with a lawsuit ready. If the offer is not fair, Allen files suit.
- You hear from Allen, not an assistant. Calls and texts are returned by the attorney handling your case.
Questions
Houston pedestrian and bicycle accident questions, answered
Does a pedestrian always have the right of way in Texas?
No. Drivers must stop and yield to pedestrians in a crosswalk where there is no working signal, and turning drivers must yield to people crossing with a walk signal. Outside a crosswalk, the pedestrian must yield to cars. But every driver must still use due care to avoid hitting a person, so a pedestrian who crossed in the wrong place can still have a claim.
Can a pedestrian be at fault for being hit?
Partly, sometimes. Texas divides fault by percentage. You can still recover as long as you were not more than 50 percent responsible, and your award is reduced by your share. Insurers often overstate a pedestrian's share, which is why the evidence matters.
Is a cyclist ever at fault in a crash with a car?
It can happen, for example when a cyclist runs a red light. But cyclists have the same rights on the road as drivers, and many crashes come from drivers turning across a bike, opening a door, or passing too close. Fault is shared by percentage, the same as for drivers.
Is a bike helmet required in Texas?
Texas has no statewide bicycle helmet law, but Houston's city code requires riders under 18 to wear one. Not wearing a helmet does not, by itself, mean you caused the crash. An insurer may argue it made a head injury worse, but it has to prove that.
What if the driver who hit me drove away?
Report it to police and your insurer right away. Your own uninsured motorist coverage, or that of a family member you live with, may pay even though you were walking or riding; when the driver can't be identified, Texas requires that their vehicle actually hit you or your property, such as your bike. Cameras along the route can help identify the car if someone looks quickly.
How much does a Houston pedestrian or bicycle accident lawyer cost?
Nothing up front. Mousavi & Associates works on a contingency fee: the attorney's fee is a percentage of the money recovered for you. If there is no recovery, you owe no attorney's fees and no case expenses. Allen walks you through the written agreement before you sign.
How long do I have to file a claim in Texas?
Generally, a lawsuit must be filed within two years of the crash; different rules can apply to children. Claims involving a government vehicle or a dangerous road can require written notice much sooner. Camera footage disappears long before the deadline, so the practical answer is to call this week.
"I was in a really bad accident this past January. My car was totaled. I was not at fault. Mr Mousavi took my case and worked diligently on my behalf. The insurance company of the other party wanted to settle way less than what the policy allowed. He advised me not settle but to be steadfast. He informed me that we will have to do go court and it can take from 12 to 18 months to settle. Well it only took 8 months! He really fought for me! We did not have to go to court after all! And I received the maximum amount that was owed to me. He was always professional, honest and always always returned my calls or texts. Highly recommend Mousavi and Associates. You will not be disappointed! He will fight for you!"
"When a family member was badly injured in a car accident, Allen Mousavi was an incredible help throughout our case. From the very beginning, he was compassionate, professional, and always kept us informed without us having to constantly reach out for updates. He handled our case efficiently and fought hard to make sure we received the compensation our family deserved. During such a difficult time, it meant so much to have someone we could trust who genuinely cared about our situation. We truly appreciate everything Allen did for us and couldn’t be more grateful for his dedication and support. I highly recommend him to anyone who needs an attorney who will stand by you and get results. We’ll definitely be recommending him to our friends and family. Thank you again, Allen!"
"I highly recommend Mousavi & Associates, Allan Mousavi. He handled my son’s accident case with exceptional professionalism from beginning to end. He was knowledgeable, responsive, and always kept us informed so we fully understood each step of the process. Everything was managed smoothly and efficiently, which gave our family real peace of mind during a difficult time. I’m truly grateful for his dedication, honesty, and the respectful way he treated us throughout the case. Thank you, Allan, for your outstanding work and support."
Hit while walking or riding in Houston?
THE DRIVER HAD A CAR. YOU HAD NOTHING BETWEEN YOU AND IT.
When a car hits someone walking or riding, the driver's insurer looks for a reason to blame the person who was hit: the wrong place to cross, dark clothes, no light on the bike. Allen Mousavi handles your case himself, from the first call on. Free case review, and you owe no attorney's fee unless we recover money for you.
Allen Mousavi, Attorney at LawFounder, Mousavi & Associates · Houston, Texas
Serving: Houston · Harris County · Katy · Sugar Land · Pasadena · The Woodlands