BICYCLE ACCIDENTS

Houston Bicycle Accident Lawyer

A cyclist hit by a vehicle in Houston has the same right to the road as a driver, and a claim against a motorist who passed too closely, turned across the rider’s path or failed to yield. Chapter 551 of the Texas Transportation Code sets the rider’s rights and duties. Houston adds its own rule: a driver must leave at least three feet when passing, and six feet in a truck.

Illustration of a bicycle parked beside a green painted bike lane on a city street

The short version

  • A cyclist has a driver’s rights and duties on Texas roads (Tex. Transp. Code § 551.101(a)).
  • Houston passing rule: change lanes when safe, or leave at least 3 feet in a car or light truck and 6 feet in a truck or commercial vehicle (Houston Code of Ordinances Sec. 45-44).
  • Taking the lane is lawful when the outside lane is less than 14 feet wide with no adjacent bike lane, or too narrow to share safely (§ 551.103(a)(4)).
  • 91 cyclists died in Texas traffic crashes in 2025 (TxDOT, Texas Motor Vehicle Traffic Crash Facts 2025); 11 in the City of Houston in 2022 (City of Houston, Vision Zero Annual Report 2022).
  • Two years to file suit (Tex. Civ. Prac. & Rem. Code § 16.003(a)); nothing is recoverable above 50 percent responsibility (§ 33.001); ninety days to give the City of Houston notice of a claim against it (City Charter, Art. IX, § 11).
A CYCLIST’S RIGHTS

What are a cyclist's rights on Houston streets, and when is the driver at fault?

A person on a bicycle has the rights and duties of a driver. The rider keeps to the right when moving slower than traffic, with stated exceptions, and may take the lane when it is too narrow to share. In Houston a passing driver must change lanes or leave three feet, six in a truck.

The Texas Department of Transportation reports: “Pedalcyclist fatalities totaled 91 in 2025.” (Source: TxDOT, Texas Motor Vehicle Traffic Crash Facts, calendar year 2025.) Inside the Houston city limits, 11 people on bicycles were killed and 32 were seriously injured in 2022, down from 12 and 47 in 2021. (Source: City of Houston, Vision Zero Annual Report 2022, Figure 1, from TxDOT crash records; the most recent city report we could open.)

The same rights as a driver

Section 551.101(a): “A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless: (1) a provision of this chapter alters a right or duty; or (2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.” A driver who would have had to yield to a car in the same position has to yield to the bicycle.

Where on the road a cyclist may ride

Under Section 551.103(a), “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:” The exceptions matter in almost every claim. They include when “the person is preparing to turn left at an intersection or onto a private road or driveway;” when “a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or” and when the rider is in an outside lane that is “less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or” “too narrow for a bicycle and a motor vehicle to safely travel side by side.” Subsection (c) adds: “Persons operating bicycles on a roadway may ride two abreast.” A rider in the middle of a narrow lane is usually where the statute allows, whatever the driver behind believed.

Houston’s safe-passing ordinance

Section 45-44 of the Houston Code of Ordinances protects “vulnerable road users,” a term that includes “A person operating a bicycle (including an electric bicycle), hand cycle, or other human-powered wheeled vehicle in the roadway; or” A driver passing one must “Vacate the lane in which the vulnerable road user is located if the highway or street has two or more marked lanes running in the same direction if such action can be taken safely; or” “Pass the vulnerable road user at a safe distance; or” and a safe distance is, in any event, “not less than 3 feet if the operator’s vehicle is a passenger car or light truck and not less than 6 feet if the operator’s vehicle is a truck (other than a light truck) or a commercial vehicle.” When turning at an intersection the driver must “yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard.” The ordinance also forbids the “right hook”: a driver 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 of the vulnerable road user.” “The penalty for any violation of this section shall be a fine not to exceed $500.00.” The fine is small; what matters in an injury claim is that the ordinance states in feet what the city requires of a passing driver.

Sidewalks, crosswalks and lights

Section 45-302 of the city code: “No person shall ride a bicycle upon a sidewalk within the central business district.” Elsewhere, when a person rides on a sidewalk, “such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian.” State law makes it an offense for a driver with criminal negligence to operate a motor vehicle within the area of a crosswalk when it “causes bodily injury to a pedestrian or a person operating a bicycle” (§ 545.428). At night, Section 551.104(b) applies: “A person may not operate a bicycle at nighttime unless the bicycle is equipped with: (1) a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle; and” and, on the rear, a red reflector or “a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle.”

DAMAGES, INSURANCE & DEADLINES

What can an injured cyclist recover in Texas, and how is fault divided?

Medical expenses, lost earnings, the bicycle and equipment, and compensation for pain and lasting impairment, reduced by the rider’s own percentage of responsibility. Insurers look for a missing light, a position in the lane or a sidewalk approach to raise that percentage. Suit must generally be filed within two years.

The arguments an insurer makes against a cyclist

Texas divides responsibility by percentage, and Section 33.001 provides that “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.” The usual arguments are that the rider was not far enough to the right, had no light, came off a sidewalk into a crosswalk, or wore no helmet. The first is answered by the exceptions in § 551.103(a), the second by photographs of the bicycle taken before anything is repaired or replaced, and all of them by the crash report, video and the damage pattern on the car. Keep the bicycle, the helmet and the clothing exactly as they were.

Which insurance pays

The driver’s liability coverage comes first. When the driver is uninsured, underinsured or gone, Section 1952.101 of the Insurance Code describes uninsured or underinsured motorist coverage as coverage that “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury, sickness, disease, or death.” Whether an auto policy in the rider’s household applies to a crash on a bicycle depends on that policy’s wording, so we ask for every declarations page. When the driver fled, see our hit and run page.

When a road defect or a government vehicle caused the crash

Claims against a city, a county or the State fall under the Texas Tort Claims Act. For road conditions, Section 101.022(b) preserves the duty to warn of “special defects such as excavations or obstructions on highways, roads, or streets.” Notice is due “not later than six months after the day that the incident giving rise to the claim occurred” (§ 101.101(a)), and the Houston City Charter, Article IX, Section 11, requires written, verified notice to the Mayor and City Council “within ninety days after the same has been sustained.”

The deadline to file suit

Section 16.003(a) requires a suit for personal injury to be brought “not later than two years after the day the cause of action accrues,” with listed exceptions. Collisions between two motor vehicles are covered on the Houston car accident page, and crashes involving riders of motorcycles on the motorcycle accident page.

COMMON QUESTIONS

What do people ask after a bicycle crash in Houston?

The driver must change lanes when that can be done safely on a street with two or more lanes in the same direction, or pass at a safe distance: “not less than 3 feet if the operator’s vehicle is a passenger car or light truck and not less than 6 feet if the operator’s vehicle is a truck (other than a light truck) or a commercial vehicle” (Houston Code of Ordinances Sec. 45-44).

Often, yes. Section 551.103(a) requires a slower rider to keep right, with exceptions that include an outside lane “less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or” “too narrow for a bicycle and a motor vehicle to safely travel side by side.”

In Houston, Sec. 45-44(c)(2) says an occupant of a motor vehicle 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 of the vulnerable road user.”

Possibly. A missing light at night is a violation of § 551.104(b) and the insurer will use it, but it affects the percentage of responsibility; it does not automatically end the claim. You recover nothing only if your share is more than 50 percent (§ 33.001).

Not downtown: “No person shall ride a bicycle upon a sidewalk within the central business district.” (Sec. 45-302(a)). Outside it, the code lets the city post signs prohibiting sidewalk riding, and a rider on any sidewalk “such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian.”

Nothing. The consultation is free, and we charge no fee unless we recover for you. Call (713) 785-9484.

How do I start a bicycle injury claim in Houston?

Call (713) 785-9484 or use the form. The consultation is free and there is no fee unless we recover for you. Keep the bicycle and helmet as they are, and bring the crash report number, photographs and any ride data from a phone or bike computer.

Houston car accident claims: key facts

Who we are, where we are, and what governs this claim
FactAnswer
Law firmMaida Law Firm — Houston personal-injury firm
Practice on this pageHouston Car Accident Claims
Area servedHouston and the surrounding communities listed under Areas We Serve
Office8313 Southwest Fwy Ste 102, Houston, TX 77074 · (713) 785-9484
AuthorSam A. Maida, Jr. — Texas Bar No. 00787950
ReviewerBernard G. Johnson III — Texas Bar No. 00796832
Consultation and feeFree Consultation; Contingency Fee — no attorney’s fee unless there is a recovery
Google rating4.9 stars from 368 reviews (Google, 21 September 2026)
Deadline to fileTwo years from the day the cause of action accrues — Tex. Civ. Prac. & Rem. Code § 16.003(a)

The rules that decide most Houston bicycle claims

State rules come from the Transportation Code; the passing distances are Houston's own ordinance.

Texas and Houston rules for drivers and cyclists
SituationWhat the law requiresSource
A driver passes a cyclist in HoustonChange lanes if the street has two or more lanes in the same direction and it can be done safely, or pass at a safe distance: not less than 3 feet in a passenger car or light truck, not less than 6 feet in a truck or commercial vehicle.Houston Code of Ordinances Sec. 45-44(a), (b)(1)
A driver turns at an intersectionYield to a vulnerable road user approaching from the opposite direction who is in the intersection or close enough to be an immediate hazard.Sec. 45-44(b)(2)
A driver overtakes a cyclist, then turns in frontProhibited unless the driver is safely clear of the cyclist.Sec. 45-44(c)(2)
Where a slower cyclist ridesAs near as practicable to the right curb or edge, except when passing, preparing to turn left, avoiding a hazard, or in an outside lane under 14 feet wide with no adjacent bike lane or too narrow to share.Tex. Transp. Code § 551.103(a)
Riding at nightA white front lamp visible from at least 500 feet, and a red rear reflector or a red rear lamp visible from 500 feet.§ 551.104(b)
SidewalksNo riding on a sidewalk within the central business district; elsewhere the rider yields to pedestrians and gives an audible signal before passing.Houston Code of Ordinances Sec. 45-302

Summaries of the statute and ordinance text read on October 12, 2026; the passages are quoted on this page.

Deadlines after a bicycle crash in Houston

A claim involving a city street defect or a city vehicle has the shortest deadline.

Deadlines that apply to a Houston bicycle injury claim
WhatDeadlineSource
Written, verified notice of a claim against the City of HoustonWithin ninety days after the injuryHouston City Charter, Art. IX, § 11
Notice to another governmental unitSix months after the day of the incidentTex. Civ. Prac. & Rem. Code § 101.101(a)
Lawsuit for personal injuryTwo years after the day the cause of action accrues§ 16.003(a)

Exceptions exist, including for minors. A lawyer should confirm the deadline that applies to you.

Bicycle accident claims in Houston: who, what, when, where, why and how

Tap a question to open it.

Who is responsible when a car door opens into a cyclist?

State law addresses the door itself. Under Tex. Transp. Code § 545.418 a person may not “open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic;” A cyclist who rides outside the reach of parked car doors is using an exception in § 551.103(a), which allows leaving the right edge for a parked vehicle or other hazard.

What should I do at the scene of a bicycle crash?

Call 911 and get medical care. Ask for the driver’s name, insurer and plate number. Photograph the vehicles, the bicycle, the road and your injuries. Get witness names. Do not repair the bicycle or wash the clothing.

When is a cyclist allowed to leave the right side of the road?

When passing, when preparing to turn left, when a hazard such as a parked car or surface defect makes the edge unsafe, and in an outside lane that is under 14 feet wide without an adjacent bike lane or too narrow to share with a motor vehicle (§ 551.103(a)).

Where is a Houston bicycle injury lawsuit filed?

Generally in the county where the crash happened. For a crash in Houston that is usually Harris County, in a county civil court at law or a district court depending on the amount in dispute.

Why does Houston's ordinance matter if the fine is only up to 500 dollars?

Because it states the standard in feet. A driver who passed closer than three feet, or six in a truck, did less than the city’s ordinance requires, and that is something a jury can be shown when it decides whether the driver was careful.

How does an electric bicycle change the claim?

Houston’s ordinance counts a person operating an electric bicycle in the roadway as a vulnerable road user, so the passing distances apply. Tell your lawyer the make and model, because other rules for electric bicycles are set by state law.

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Reviews are the opinions of the clients who wrote them. Past results do not guarantee or predict a similar outcome in any future case.

After a crash in southwest Houston

Our office is on the Southwest Freeway, and the crashes we see from this side of Houston cluster on the same few roads. These are the emergency rooms, stations and the courthouse involved most often.

Southwest Houston — roads, ERs, police and court
WhatWhere
Main freewaysSouthwest Freeway (I-69/US 59) · Sam Houston Tollway / Beltway 8 · Westpark Tollway · US 90 Alternate
Nearest emergency roomsHCA Houston ER 24/7 - Westchase — 11103 Westheimer Rd, Houston
Memorial Hermann Southwest Hospital Emergency Center — 7600 Beechnut St, Houston
Emergency Room at HCA Houston West — 12141 Richmond Ave, Houston
HCA Houston ER 24/7 - Bellaire — 5413 S Rice Ave, Houston
Post Oak ER - Emergency Room and Urgent ER Care — 5018 San Felipe St, Houston
Police stationsHouston Police Department Westside — 3203 S Dairy Ashford Rd, Houston
Houston Police Department South Gessner — 8605 Westplace Dr, Houston
Houston Police Department Southwest Substation — 13097 Nitida St, Houston
City of Southside Place Police Department — 6309 Edloe St, Houston
Where suit is filedHarris County Civil Courthouse — 201 Caroline St, Houston, TX 77002

Emergency rooms and stations from Google Places within about 9 km of our office; freeways from OpenStreetMap; courthouse confirmed in the county seat. Verified 28 August 2026. Go to the nearest ER in an emergency — this list is for orientation, not medical advice.

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Where we are in Houston

Maida Law Firm
8313 Southwest Fwy Ste 102, Houston, TX 77074

We are on the Southwest Freeway, minutes from the 610 Loop and Sharpstown, and we see clients from across Harris County.

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About the authors

Sam A. Maida, Jr., Owner and Managing Attorney at Maida Law Firm

Owner and Managing Attorney

Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.

Texas Bar No. 00787950

State Bar of TexasAvvoMartindale-HubbellLawLinkThatCarHitMeLinkedIn

Bernard G. Johnson III, Litigation Managing Attorney at Maida Law Firm

Litigation Managing Attorney

Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.

Texas Bar No. 00796832
Admitted to practice in the U.S. District Court for the Western District of Texas (2004)

State Bar of TexasSuper LawyersFindLaw

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