Negligence and Liability in Bicycle Accident Cases
Bicycle riders are expected to abide by all the same traffic rules and regulations as other drivers on the road. Likewise, bicyclists have the same protections as everyone else when it comes to the duty of care other drivers have to ensure they do not come to harm.
Because Texas employs a modified comparative negligence standard for fault in civil lawsuits, a bicycle rider may be held liable as well and may have their own compensation reduced or even barred if they are found to have contributed to an accident. Under Texas Civil Practices & Remedies Code §33.001, if a party to a personal injury claim is found to be more than 50 percent at fault for their accident, they would not be able to recover compensation for their injuries.
Negligence Per Se
If a driver violates a traffic regulation, this may serve as a basis for imposing liability based on negligence per se. In essence, this principle means the driver may be considered legally negligent specifically by virtue of violating a traffic law. A Murphy bicycle accident attorney could help clarify what this might mean in an individual plaintiff’s case.