Skilled Legal Representation for Bicycle Accident Victims in El Paso and West Texas
Cycling offers an efficient, healthy, and environmentally friendly way to get around El Paso. But when a car or truck collides with a bicycle, the results can be devastating. Without the protection of a vehicle frame, airbags, or seatbelts, cyclists absorb the full force of any impact—often resulting in severe, life-altering injuries.
If you were injured while riding your bicycle because of a driver’s negligence, you deserve compensation for your injuries. Cyclists have every right to use Texas roadways, and drivers have a legal duty to share the road safely. When they fail to do so, they should be held accountable.
At DJC Law, our El Paso bicycle accident attorneys understand the unique challenges cyclists face—both on the road and when pursuing injury claims. We’ve helped injured riders across West Texas recover compensation, and we know how to fight back against the bias that too often works against cyclists.
Contact us today for a free consultation. We’ll review your situation, explain your legal options, and help you understand what your claim might be worth.
Why Bicycle Accident Cases Are Different
Bicycle accident claims present unique challenges that set them apart from typical motor vehicle collision cases.
Severe injuries are common. The lack of protection means that even a relatively low-speed collision can cause catastrophic injuries. What might be a minor fender-bender between two cars becomes a life-threatening event when a cyclist is involved.
Bias against cyclists is real. Insurance adjusters, defense attorneys, and sometimes juries assume cyclists are reckless, don’t belong on the road, or caused their own accidents. This prejudice can affect how your claim is valued and whether you receive fair compensation.
Insurance issues can be complicated. Cyclists may need to navigate the at-fault driver’s liability coverage, their own auto policy’s uninsured/underinsured motorist coverage, or even health insurance—each with different rules and limitations.
You need an attorney who understands these complexities and knows how to fight for cyclists’ rights.
Why El Paso Cyclists Trust DJC Law
Choosing the right legal team after a serious bicycle accident can significantly impact your recovery. Here’s what sets our firm apart.
We Respect Cyclists’ Rights
We don’t buy into the stereotypes. Cyclists have a legal right to use Texas roads, and we fight to ensure that right is respected. When insurance companies try to shift blame onto injured cyclists, we push back aggressively.
No Fee Unless We Win
We handle bicycle accident cases on contingency. You pay nothing upfront and owe us nothing unless we successfully recover compensation for you. This lets you focus on healing while we focus on your case.
Direct Access to Your Attorney
You won’t get passed around to different staff members or left wondering about your case status. Our attorneys stay personally involved from start to finish and keep you informed every step of the way.
Prepared to Go to Trial
Insurance companies know which law firms will actually take cases to court. Our willingness to go to trial when necessary often motivates insurers to offer fair settlements rather than risk a jury verdict.
Cycling in El Paso
El Paso’s sunny weather and growing trail systems make it an attractive place for cycling—whether for commuting, fitness, or recreation. From the paths along the Franklin Mountains to neighborhood streets and urban routes, cyclists are an important part of our transportation landscape.
But El Paso’s car-centric infrastructure presents real challenges for cyclists. Wide arterial roads, limited bike lanes, and drivers unaccustomed to sharing the road create dangerous conditions. When motorists fail to watch for cyclists or refuse to give them the space they deserve, serious accidents happen.
Dangerous Roads for Cyclists in El Paso
Certain roads in our area present heightened risks for cyclists. Our attorneys have represented riders injured at many of these locations.
Mesa Street sees heavy traffic and presents constant conflicts between cyclists and vehicles turning into driveways and parking lots.
Montana Avenue combines busy intersections with drivers who often fail to check for cyclists before turning.
Dyer Street has high traffic volumes and limited cycling infrastructure, creating dangerous conditions for riders.
Alameda Avenue presents challenges including narrow lanes, heavy traffic, and intersections where drivers frequently fail to yield.
Downtown streets see more cycling activity but also present risks from parked cars (dooring accidents) and drivers unfamiliar with urban cycling patterns.
Roads without bike lanes throughout El Paso force cyclists to share lanes with vehicles, increasing the risk of sideswipe and rear-end collisions.
Understanding local traffic patterns and cycling hazards helps us investigate what happened in your case and identify contributing factors.
Common Causes of Bicycle Accidents
Most bicycle accidents are caused by driver negligence—not cyclist error. The most common causes we see include:
- Drivers failing to see cyclists before turning or changing lanes
- Right-hook accidents where drivers turn right across a cyclist’s path
- Left-cross accidents where drivers turn left in front of oncoming cyclists
- Dooring accidents when parked vehicle occupants open doors into cyclists’ paths
- Rear-end collisions from drivers following too closely or not paying attention
- Unsafe passing with insufficient clearance
- Distracted driving and cell phone use
- Drunk or impaired driving
- Speeding, especially on roads shared with cyclists
- Running red lights and stop signs
- Failure to yield when entering roadways from driveways or parking lots
- Aggressive driving and road rage directed at cyclists
“I didn’t see the cyclist” is not an excuse—it’s evidence of negligence. Drivers have a duty to watch for all road users, including cyclists. When they fail to meet this basic responsibility, they should be held accountable.
Types of Bicycle Accidents We Handle
Bicycle accidents take many forms, each presenting unique challenges when pursuing compensation.
Right-hook accidents occur when a driver passes a cyclist and then turns right directly in front of them, cutting off the cyclist’s path. These are among the most common and dangerous intersection accidents.
Left-cross accidents happen when an oncoming vehicle turns left in front of a cyclist traveling straight through an intersection. The driver often claims they didn’t see the cyclist approaching.
Dooring accidents occur when someone in a parked vehicle opens their door directly into the path of an approaching cyclist. These crashes can cause severe injuries as cyclists are thrown from their bikes or into traffic.
Rear-end collisions happen when a driver strikes a cyclist from behind, often due to distracted driving, speeding, or failure to notice the cyclist ahead.
Sideswipe accidents occur when drivers pass too closely, clipping cyclists or forcing them off the road.
Intersection accidents involve drivers running red lights, failing to yield, or not checking for cyclists when making turns.
Hit-and-run accidents leave cyclists with serious injuries and a driver who fled the scene. These cases require thorough investigation to identify the responsible party.
Road hazard accidents can involve dangerous conditions—potholes, debris, cracked pavement, or poorly maintained roads—that cause cyclists to crash.
Whatever type of bicycle accident you were involved in, our team has the experience to handle your case.
Serious Injuries in Bicycle Accidents
Without the protection of a vehicle, cyclists are extremely vulnerable in any collision. Even with a helmet and protective gear, riders often suffer severe injuries including:
- Traumatic brain injuries, even when wearing a helmet
- Skull fractures and facial injuries
- Spinal cord injuries and paralysis
- Broken bones, especially collarbones, wrists, arms, and legs
- Shoulder injuries including separated shoulders and rotator cuff tears
- Hip and pelvis fractures
- Knee injuries requiring surgery
- Road rash and severe skin abrasions
- Internal organ damage
- Dental and jaw injuries
- Permanent scarring and disfigurement
- Post-traumatic stress disorder
Many bicycle accident survivors require multiple surgeries, extensive rehabilitation, and long-term care. Some injuries result in permanent disabilities that affect every aspect of daily life—including the ability to continue cycling.
Road Rash Is a Serious Injury
Road rash might sound minor, but it can be extremely serious. When a cyclist slides across pavement after a crash, the friction causes severe skin damage that goes far beyond ordinary scrapes.
Serious road rash can penetrate through multiple layers of skin, require skin grafts and reconstructive surgery, cause permanent scarring and disfigurement, lead to dangerous infections, and involve painful, lengthy recovery periods.
These injuries deserve full compensation—not dismissal as minor abrasions.
Texas Bicycle Laws
Understanding Texas bicycle laws is important for both establishing liability and anticipating defenses the insurance company might raise.
Bicycles are vehicles. Under Texas law, bicycles are considered vehicles, and cyclists have the same rights and responsibilities as motorists. This means cyclists can legally use most roadways and are entitled to their share of the road.
Right to use the full lane. Cyclists may use the full lane when necessary for safety—such as when the lane is too narrow to share safely with a vehicle, when avoiding hazards, or when preparing to turn.
Safe passing requirements. Texas law requires drivers to pass cyclists at a safe distance. While Texas doesn’t specify a minimum distance like some states, drivers must leave adequate clearance to pass safely.
No statewide helmet law for adults. Texas doesn’t require adult cyclists to wear helmets, though some municipalities have local helmet ordinances. Not wearing a helmet doesn’t prevent you from recovering compensation if a driver caused your accident.
Riding on the right. Cyclists generally should ride as far right as practicable, but this rule has important exceptions—including when it’s unsafe to do so, when preparing to turn, or when the lane is too narrow to share.
Even when a cyclist technically violates a traffic law, drivers remain responsible for exercising reasonable care. A driver cannot simply hit a cyclist and claim it was the cyclist’s fault.
Overcoming Bias Against Cyclists
One of the biggest challenges in bicycle accident cases is the unfair bias cyclists face. Insurance adjusters, defense attorneys, and sometimes juries assume that cyclists don’t belong on the road, are reckless or unpredictable, or caused their own accidents by riding where cars are meant to be.
This prejudice can affect every aspect of your claim—from the initial settlement offer to how a jury perceives your case at trial.
Our attorneys know how to counter this bias. We gather evidence demonstrating that you were riding responsibly and legally. We emphasize the driver’s negligence and their failure to share the road safely. We present your case in a way that forces insurance companies and juries to see you as the victim you are—not as a stereotype.
Who Can Be Held Liable for a Bicycle Accident?
Depending on the circumstances, several parties might share responsibility for your injuries:
Negligent drivers who caused the collision through careless or reckless behavior—failing to yield, turning without looking, passing too closely, distracted driving, or driving impaired.
Vehicle passengers who cause dooring accidents by opening doors without checking for approaching cyclists.
Employers can be held liable when their employee causes an accident while working, such as a delivery driver or commercial vehicle operator.
Government entities may be responsible for dangerous road conditions—potholes, debris, inadequate signage, poorly designed bike lanes, or lack of proper maintenance—that contributed to your accident.
Bicycle and parts manufacturers could be liable if a defect in your bicycle or its components—such as faulty brakes, a broken fork, or a defective helmet—contributed to your injuries.
Property owners may share responsibility if hazardous conditions on their property caused or contributed to your accident.
Our attorneys investigate every potential source of liability to maximize your compensation.
Insurance Coverage in Bicycle Accident Cases
Insurance coverage for bicycle accidents can be more complicated than for car crashes. Understanding your options is important for maximizing your recovery.
The at-fault driver’s liability insurance is the primary source of compensation in most bicycle accidents. This coverage pays for your injuries and damages when another driver is at fault.
Your own auto insurance may provide coverage even though you were on a bicycle. If the at-fault driver is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage can help cover your losses. This applies even though you weren’t driving your car at the time.
Household auto policies from family members you live with may provide UM/UIM coverage if you don’t have your own auto insurance.
Health insurance can help cover medical expenses, though your health insurer may seek reimbursement from any settlement you receive.
Our attorneys help you identify and pursue every available source of insurance coverage to maximize your compensation.
What If I Wasn’t Wearing a Helmet?
Texas doesn’t require adult cyclists to wear helmets, so not wearing one doesn’t bar you from recovering compensation. However, insurance companies may try to argue that your injuries would have been less severe if you’d worn a helmet.
This argument has limitations. It may affect compensation for head injuries specifically, but it shouldn’t reduce damages for other injuries—broken bones, road rash, internal injuries, and the like have nothing to do with helmet use.
Our attorneys know how to handle these arguments and fight for your full compensation regardless of whether you were wearing a helmet at the time of your accident.
Hit-and-Run Bicycle Accidents
Being struck by a driver who flees the scene adds another layer of trauma to an already devastating situation. Unfortunately, hit-and-run accidents involving cyclists are all too common—some drivers flee precisely because they know they’ve seriously injured someone.
If the driver who hit you fled, you still have options:
Investigation to identify the driver: Police investigations, surveillance footage, witness accounts, and vehicle debris can sometimes identify hit-and-run drivers. Once identified, they can be held fully accountable.
Uninsured motorist coverage: Your auto insurance policy’s UM coverage typically applies to hit-and-run accidents—even when you were riding a bicycle, not driving your car.
Household policies: If you don’t have your own auto insurance, a policy held by a family member you live with may provide coverage.
Our attorneys help hit-and-run victims explore every avenue for compensation.
Compensation Available to Bicycle Accident Victims
Given the severity of injuries in most bicycle accidents, victims often face substantial losses. Texas law allows you to pursue compensation for:
- Medical expenses: Emergency care, surgeries, hospital stays, rehabilitation, medications, and future medical needs
- Lost income: Wages lost during recovery and any reduction in your future earning capacity
- Property damage: Repair or replacement of your bicycle, helmet, and other gear damaged in the crash
- Pain and suffering: Physical pain and emotional distress caused by the accident and your injuries
- Disfigurement: Compensation for scarring, road rash injuries, and permanent physical changes
- Loss of enjoyment of life: When injuries prevent you from cycling or participating in other activities you once enjoyed
- Loss of consortium: Impact on your relationship with your spouse
If a loved one was killed in a bicycle accident, surviving family members may be entitled to pursue a wrongful death claim.
Texas Comparative Fault in Bicycle Accidents
Texas follows a modified comparative negligence system. You can still recover compensation even if you were partially at fault for the accident—as long as your share of responsibility doesn’t exceed 50%.
If you’re found partially at fault, your compensation gets reduced by your percentage of responsibility. For example, if you’re 15% at fault and your damages total $300,000, you’d recover $255,000.
Insurance companies routinely try to shift blame onto cyclists. They may claim you weren’t visible enough, weren’t riding far enough to the right, ran a stop sign, or otherwise contributed to the accident. These arguments are often exaggerated or unfair—and even when partially valid, they don’t excuse the driver’s negligence.
Our attorneys work to minimize any fault assigned to you, protecting your right to full compensation.
Steps to Take After a Bicycle Accident
If you’ve been struck by a vehicle while cycling, taking the right steps can protect both your health and your legal rights:
- Get medical attention immediately. Your health comes first, and prompt treatment creates important documentation of your injuries.
- Call the police. Get an official accident report documenting what happened. This is crucial evidence for your claim.
- Document the scene. If you’re able, take photos of your bicycle, the vehicle, the road conditions, and any visible injuries.
- Get driver and witness information. Collect the driver’s name, contact details, insurance information, and license plate. Get contact information from any witnesses.
- Preserve your equipment. Don’t repair or throw away your bicycle, helmet, or other gear—they can serve as evidence of the crash’s severity and may be needed for product liability claims.
- Don’t admit fault. Even apologizing or saying you didn’t see the car can be used against you later.
- Contact an attorney as soon as possible. An experienced bicycle accident lawyer can protect your rights and begin building your case right away.
How Our El Paso Bicycle Accident Lawyers Help
Bicycle accident cases require an attorney who understands the unique challenges cyclists face—both on the road and in the legal system. Our team handles every aspect of your claim so you can focus on recovery.
We investigate the accident thoroughly, gathering evidence that demonstrates the driver’s negligence and counters any bias against cyclists. We obtain police reports, surveillance footage, witness statements, and any other evidence supporting your claim.
We identify all potentially liable parties and all available sources of insurance coverage. We work with accident reconstruction experts when needed to prove exactly what happened.
We calculate the full value of your losses, including future medical needs, lost earning capacity, and the impact on your quality of life. We negotiate aggressively with insurance companies and don’t back down when they try to use cyclist stereotypes against you.
If the insurance company won’t offer fair compensation, we’re fully prepared to take your case to trial.
Frequently Asked Questions
How long do I have to file a bicycle accident lawsuit in Texas?
Texas law gives you two years from the date of the accident to file a personal injury lawsuit. However, evidence can disappear and memories fade, so contacting an attorney as soon as possible is important.
Can I still recover compensation if I wasn’t wearing a helmet?
Yes. Texas doesn’t require adult cyclists to wear helmets. Not wearing one may affect damages related to head injuries, but it doesn’t bar you from pursuing your full claim for other injuries and losses.
What if the driver says they didn’t see me?
“I didn’t see the cyclist” is not a legal defense—it’s evidence of negligence. Drivers have a duty to watch for all road users, including cyclists. Failing to see a cyclist before hitting them is the driver’s fault, not yours.
How much does it cost to hire a bicycle accident attorney?
Nothing upfront. We work on contingency, meaning we only get paid if we recover compensation for you. This allows you to pursue your claim without financial risk.
What if the driver was uninsured or fled the scene?
Your own auto insurance policy’s uninsured motorist coverage may apply—even though you were on a bicycle at the time. If you don’t have auto insurance, a household family member’s policy may provide coverage.
Was I allowed to ride where the accident happened?
Cyclists have a legal right to use most Texas roadways. Unless you were on a restricted-access highway where bicycles are prohibited, you were likely riding legally. Even technical violations don’t excuse driver negligence.
Contact Our El Paso Bicycle Accident Attorneys Today
If you were seriously injured while cycling because of someone else’s negligence, you need an attorney who will fight for your rights—not one who buys into the stereotypes that work against cyclists.
At DJC Law, our El Paso bicycle accident lawyers respect cyclists and understand the unique challenges you face. We’ll work tirelessly to overcome bias, prove the driver’s fault, and get you the compensation you need to move forward.
Contact us today for a free consultation. We’ll review your case, explain your options, and help you take the first step toward recovery. Don’t let unfair assumptions keep you from getting the justice you deserve.
