Both cyclists and pedestrians have laws to follow; however, when pedestrians and cyclists share the sidewalk or roadway, accidents may happen. When a cyclist hits a pedestrian—and injuries result—figuring out which party is at fault is the key to recovering damages.
If you have been involved in a pedestrian accident with a bicyclist, consult with a personal injury attorney.
Pedestrian Laws in Texas
Texas’ Transportation Code Title 7 – Vehicles and Traffic, states that pedestrians have the right of way if indicated by a pedestrian “Walk” signal, or when the pedestrian is in a crosswalk and no traffic control signal is present. In addition to pedestrians’ rights, the law also lays out pedestrians’ responsibilities, which include.
- Yielding to vehicles when not in a crosswalk or if a traffic control signal gives the right-of-way to vehicles
- Not suddenly leaving a curb
- Using a sidewalk when available
- Keeping to the right half of the crosswalk when possible.
Bicycle Laws in Texas
In general, bicyclists are “entitled to all rights and obligated to all duties” of the road that would apply to a regular motor vehicle. As such, a bicycle is required to yield to a pedestrian in the same manner that a motor vehicle is required to yield to a pedestrian. However, in Texas, a bicyclist may ride his bike on the sidewalk, given that the local government has no local ordinances forbidding it. According to Dallas laws, a bicyclist may ride on the sidewalk outside the city’s business district, given the bicyclist yields to any pedestrian, as well as give an audible signal before passing said pedestrians.
Who is at fault for a bicycle-pedestrian accident?
Reviewing the laws above, fault for bicycle-pedestrian accident will depend on acted negligently at the time of accident. For example, if a pedestrian walks in the roadway/bike lane (when a sidewalk is available) at the time of accident, then the pedestrian may be at least partially liable. On the other hand, if the cyclist hit the pedestrian at a time when the pedestrian had the right-of-way within a crosswalk, then the cyclist will likely be at fault.
Consult with a Personal Injury Attorney to Learn More
A Dallas personal injury attorney can review your case, and provide you with more insight as to who may be at fault for your accident and what damages are recoverable. Call today to meet with the personal injury attorney at the Law Office of Julie Johnson, PLLC: 214-290-8001.