Legal Considerations: Do Bicyclists Have the Same Rights as Cars in Texas?

At first glance, a bicycle doesn’t seem to have much in common with a car. Drivers and passengers in cars are enclosed by metal and other components engineered to protect them in case of a car crash. However, bicyclists sit on a seat in the open air with no protection. They ride at a slower pace while balanced on two wheels and are extremely vulnerable. Bicycles take up so little space on the road that drivers often do not even see them.

Yet under Texas law, bicycles are considered vehicles just like cars, trucks, and motorcycles. Does that mean that bicyclists have the same rights as those driving motorized vehicles? Are they required to follow the same rules? Attorneys who help bicycle accident victims recover maximum compensation for their injuries in bicycle accidents know that the rights and responsibilities of bicyclists under Texas law often play a significant role in assessing liability for an accident. Here are some basic factors regarding the rights of bicyclists in our state.

General Rules Regarding Bicycle Operation

When someone rides a bicycle on a public road or bike path, Section 551.101 of the Texas Transportation Code specifies that the rider has the same “rights and duties” as drivers of other vehicles, except in certain situations. The exceptions are described later in the rules. In addition, if a right or duty cannot apply to a bicyclist because of the nature of the vehicle, then that right or duty also does not apply. The bicycle laws described in this section of the Transportation Code also apply to electric bicycles (e-bikes) and mopeds.

Among the general operating rules described in the Code are requirements such as a duty to:

• Carry no more people on the bike than it is equipped to carry
• Operate with the ability to have at least one hand on the handlebars
• Have adequate brakes
• Use appropriate lights when riding after dark

There is also a general requirement to ride as far to the right side of the road as “practicable” in many situations, but there are exceptions that can make this rule quite complicated to interpret.

Taking the Lane

People driving cars and other large vehicles obviously have the right to occupy a lane of traffic on the road. What about bicycles? Are they always required to share space with large vehicles, or do they ever have the right to the full lane? (When a bicycle rides in or near the middle of the road, it is referred to as “taking the lane.”)

While bicyclists are generally required to ride to the right to allow other vehicles to pass, there are some situations where the law allows a bicyclist to take the lane. When a bicyclist is in the middle of the lane, cars and other vehicles are obligated to either slow down behind them or pass in a different lane. If drivers don’t give bicyclists enough space in a lane, they are in violation of the rules, which can make it easier for the bicyclist’s attorney to establish liability in a bicycle accident.

Situations where a bicyclist is allowed to take a full lane include:

• When preparing to turn left (or continue straight in a road with a right-turn lane)
• When it is necessary to move away from the right side of the road to avoid a hazardous condition
• When the lane is too narrow for both a bicycle and a car to operate on at the same time
• When a bicyclist is traveling at the same speed as motorized traffic
• When a bicyclist is passing a vehicle moving in the same direction (such as a slower bicycle)

Bicyclists are allowed to ride two abreast if they can do so without interfering with the normal flow of traffic. In addition, state law allows bicyclists to ride on the sidewalk, but many local laws prohibit operation on the sidewalk in certain areas.

Who Has the Right-of-Way?

Many people assume that because bicyclists are less protected and ride smaller vehicles, they automatically have the right-of-way. This is not correct, and even if it were, it is never a safe assumption to act on.

The rules regarding right-of-way are phrased in a way that establishes the obligation to yield to others rather than the right to move forward. No one is technically given the right of way, but a rider, motorist, or pedestrian may have the obligation to wait for others to pass before proceeding.

When a bicycle and another vehicle come up to an intersection with no stop signs or traffic lights, then the vehicle on the left is obligated to yield to the vehicle on the right, regardless of which one is the bicycle. In another example, when a bicyclist or motorist approaches a roundabout or traffic circle, they must yield to traffic already in the circle, regardless of the type of vehicle involved. When approaching a road from a driveway, alley, or private road, the driver of any type of vehicle, including someone on a bike, must yield to traffic that is already on the road. All vehicles must also yield to pedestrians who are in crosswalks. In these instances, a bicyclist has the same rights and obligations as the driver of a car.

When a Negligent Driver Causes a Bicycle Accident, DeKeyzer Law Knows How to Get the Compensation You Deserve

Although Texas law gives bicyclists rights that are equal to motorists in many situations, drivers of cars, trucks, and other vehicles often do not respect those rights. Drivers don’t take the time to look for bicycles, and when they do see them, they often assume they have the right to pass even when it is not safe to do so.

When an impatient or lazy motorist causes a bicycle accident, the results can be devastating for the rider, while the driver suffers no harm whatsoever. That is not fair. The experienced attorneys at DeKeyzer Law know how to fight effectively to ensure that victims of motorcycle accidents receive full and fair compensation for all the consequences of the accident, including future pain and interference with life. If you or a loved one were injured in a bicycle accident, contact us now for a free consultation to find out how we can start providing assistance immediately to help you obtain the best recovery.