How Bicycling Laws Affect a Lawsuit
In McKinney, bicycle riders are required to obey the same traffic laws as other drivers. In addition, bike riders can be subject to the same penalties as other motorists for breaking a traffic ordinance, per Texas Transportation Code §551.101.
These laws can have a significant impact on biking accident lawsuits because they can impact civil liability. For instance, Texas follows a modified comparative negligence theory. Under this negligence system, a person is entitled to recover compensation for injuries resulting from a bike crash as long as they are found to be under 51 percent responsible for an accident, according to Texas Civil Practice & Remedies Code §33.001.
Because the same traffic laws apply to bicycle riders as they do to other motorists, it is common for the allegedly responsible driver in a biking collision case to claim that the cyclist did not abide by a traffic law and therefore bears some liability. When a driver breaks a traffic law, however, an injured person may be able to file a claim under a negligence per se cause of action.