Who Is at Fault When a Car Hits a Cyclist Under Texas Comparative Fault Law?

In Texas, a cyclist has the same right to the road as a car, and being the vulnerable one in a crash does not automatically make you the one at fault. Aaron Siddique, founder of 1-800 The Wolf Accident Attorneys, sits down with Abby Arnold to break down how Texas assigns fault when a cyclist or pedestrian gets hit, from right-of-way rules and comparative fault to which insurance policy pays. Questions answered in this episode: Does a cyclist have the same right to the road as a car in Texas? Does jaywalking automatically make a pedestrian at fault if they get hit? Does riding without a helmet hurt a Texas cyclist's claim? Whose insurance pays when a cyclist or pedestrian is hit by a car? What happens if the driver who hit me had no insurance or fled the scene? Topics covered: the vulnerable road user standard, the Texas bicycle-as-vehicle doctrine, dooring, right-hook, left-cross, and hit-from-behind collisions, bike lanes and sharrows, the absent statewide three-foot passing law, pedestrian right-of-way, Texas's 51% modified comparative fault rule, the CR-3 crash report, accident reconstruction, the Texas helmet law, 30/60/25 minimum liability limits, uninsured and underinsured motorist coverage, subrogation, and failure to stop and render aid. Aaron Siddique on cyclists' road rights: "Texas applies what's known as the Texas bicycle as a vehicle doctrine, meaning the bicycle within the definition of a vehicle as codified by the Texas Transportation Code, they have the same right to that lane." Aaron Siddique on insurers and jaywalking: "Don't accept being labeled at fault from the insurer. Their job is to make you go away voluntarily. Our job is to make them prove it legally." Aaron Siddique is a Texas Bar Foundation Fellow whose firm has recovered over $100 million, working on contingency: no fee unless and until you recover. Free consultation: 1800thewolf.com Phone: 1-800-THE-WOLF (800-843-9653) Office: Fort Worth, TX #BicycleAsVehicleDoctrine #TexasComparativeFault #UninsuredMotoristCoverage #VulnerableRoadUser #PedestrianRightOfWay #FortWorthBikeAccident This podcast is for general informational purposes about Texas personal injury law and does not constitute legal advice for any specific situation. Watching or listening to this podcast does not create an attorney-client relationship with 1-800 The Wolf Accident Attorneys or The Siddique Firm, PLLC. Past results do not guarantee future outcomes. Chapters 00:00:00 Welcome back to Fort Worth Accident Attorney & Law w. Aaron Siddique 00:01:07 What Is a Vulnerable Road User Under Texas Law? 00:01:54 Why Are Fort Worth Cyclist and Pedestrian Injuries So Catastrophic? 00:03:24 Do Cyclists Have the Same Road Rights as Drivers in Texas? 00:04:23 What Is a Dooring Crash in Texas? 00:05:41 What Is a Right-Hook Collision and Who Must Yield? 00:07:18 What Is a Left-Cross Bike Crash in Texas? 00:08:54 Does Texas Have a Three-Foot Safe Passing Law for Cyclists? 00:10:12 When Does a Pedestrian Have the Right-of-Way? 00:11:13 How Does Texas's 51% Comparative Fault Rule Affect a Jaywalking Claim? 00:12:42 How Does Fault Work in a Fort Worth School Zone Crosswalk? 00:14:07 How Does a CR-3 Police Report Prove Fault in a Fort Worth Bike Crash? 00:16:14 How Useful Is Video Footage in a Bike Crash Claim in Fort Worth? 00:17:26 How Do Accident Reconstruction Experts Prove Fault in a Texas Bike Crash? 00:18:54 Does Not Wearing a Helmet Ruin a Texas Cyclist's Claim? 00:19:55 How Does a Cyclist's Own Conduct Affect Texas Comparative Fault? 00:21:16 How Much Does Texas's 30/60/25 Minimum Insurance Pay an Injured Cyclist? 00:23:21 What Happens If an Uninsured Driver Hits a Texas Cyclist? 00:26:01 Can a Homeowners Policy Cover a Bike or Pedestrian Crash in Texas? 00:27:44 What Should You Do After a Hit-and-Run Bike Crash in Fort Worth? 00:29:29 How Does Uninsured Motorist Coverage Work After a Hit-and-Run? 00:31:03 What Should Every Fort Worth Cyclist Remember to Protect Their Claim?