How Long Do You Have to File a Bicycle Accident Claim in Texas?
Two years for a negligence claim, but a cyclist's most useful evidence is gone in days and the uninsured motorist route runs on the policy's clock rather than the statute's.
- 138Google reviews
- 3Attorneys on your case
- 2 yrsTexas filing deadline
- No feeUnless we win
Two years from the collision
Section 16.003 of the Texas Civil Practice and Remedies Code gives two years from the date of the collision to file suit, and wrongful death runs two years from the date of death.
Filing means commencing a lawsuit. Reporting to police, opening a claim or corresponding with an adjuster does not preserve it.
Uninsured motorist claims have their own, shorter clock
Where the driver was uninsured or fled, the claim is against the cyclist's own insurer under UM coverage. That is a contract claim governed by the policy, with notice conditions that can be much shorter than two years.
Most UM provisions also require the incident to have been reported to law enforcement within a defined period, which is a reason to insist on a police report at the scene even where injury seems minor.
The consent requirement that forfeits claims
Underinsured motorist coverage typically requires the insurer's consent before the cyclist settles with the at-fault driver.
Settling the liability claim first without that consent can forfeit the UIM claim entirely. For cyclists, where the driver's minimum limits are usually inadequate, that is often the larger claim being given away.
Governmental units
Where a road defect, a poorly designed bike lane, a failed signal or debris left after works contributed, the Texas Tort Claims Act requires formal written notice within six months, and many cities impose shorter periods by charter.
Cyclists are far more affected by surface defects than drivers, so this arises more often in cycling claims than people expect.
Evidence that expires in days
Camera footage from businesses and homes is usually overwritten within days. Vehicle event data is lost when the car is repaired. Scene marks survive days to weeks.
Ride computer and app data should be exported early rather than left on a device or in an account. It is the objective record of speed and position that answers the comparative responsibility argument.
Minors
A claimant who was a minor generally has until two years after turning eighteen for their own negligence claim.
Governmental notice deadlines are not extended in the same way, so where a road authority may share responsibility notice still has to be served within months.
Summary
| Item | Period | Note |
|---|---|---|
| Personal injury suit | 2 years | From the collision |
| Wrongful death | 2 years | From the date of death |
| UM claim | Policy notice conditions | Often much shorter than two years |
| UIM consent to settle | Before settling with the driver | Settling first can forfeit it |
| Governmental unit | Formal notice within months | Road and bike lane defects |
| Camera footage | Days | Preserve immediately |
| Claimant was a minor | Generally 2 years from turning 18 | Notice deadline is not extended |
Keep reading
Cedar Park Bicycle Accident Lawyer
Under Texas law a person on a bicycle has the rights and duties of a driver.
Practice areaRight of Way Rules for Cyclists in Texas
Texas gives a person on a bicycle the rights and duties of a vehicle driver.
ReadBicycle Accident Compensation
The categories are the same as any injury claim, plus one cyclists routinely forget: the bicycle...
ReadBicycle Accident Claims
Cyclists start at an evidentiary disadvantage that has nothing to do with the merits: they are usually...
ReadBicycle Accident Insurance
Cyclists assume that having no vehicle policy means having no coverage.
ReadBicycle Accident Settlements
No formula produces the number.
Read
Frequently asked questions
Two years from the collision for a personal injury claim. If the claim runs against your own uninsured motorist coverage instead, the policy's notice conditions apply and can be much shorter.
Because most uninsured motorist provisions require the incident to have been reported to law enforcement within a defined period, and injuries such as wrist and rib fractures frequently surface the following day.
Not safely. Underinsured motorist coverage typically requires your insurer's consent before you settle with the at-fault driver, and settling first without it can forfeit what is often the larger claim.
A governmental unit may share responsibility, and formal written notice is required within six months with many cities imposing shorter periods. Cyclists are far more affected by surface defects than drivers, so this arises often.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
Contingency fee. You pay nothing unless we win.