Who Is at Fault When a Cyclist and a Car Collide

Attorney Answer

The driver's opinion is not a finding of fault, and in Texas it would not settle the question even if it were partly right. Fault here is not all-or-nothing. It is divided into percentages, and your son's claim survives unless his own share is more than half.

The trier of fact assigns a whole-number percentage of responsibility to each claimant and each defendant (Tex. Civ. Prac. & Rem. Code § 33.003). Section 33.001 sets the cutoff: a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Below that, § 33.012(a) requires the court to reduce the damages recovered by a percentage equal to the claimant's percentage of responsibility. So a finding that your son made a mistake is not the end of it — a rider found 25 percent responsible still recovers 75 percent of his damages. Only a share above 50 percent forecloses the claim entirely.

The fact that his bicycle struck the side of the car is a real point against him, and you should hear that plainly rather than from an adjuster later. But it is not conclusive on its own. Where the car came from, whether it was moving or pulling out, its speed in a school area, sight lines, whether the driver was looking, and whether the car was where it was allowed to be are all part of the picture. A driver's duty includes not driving faster than is reasonable and prudent under the circumstances then existing (Tex. Transp. Code § 545.351(a)) and controlling the vehicle's speed as necessary to avoid colliding with a person on or entering the roadway. Cyclists have duties too. How closely those rules of the road apply on private school property rather than a public street is itself a question that depends on the facts, and it is one to put to a Texas attorney.

If your son was hurt, the driver had a duty at the scene under Tex. Transp. Code § 550.023 to give his name and address, the registration number of the vehicle he was driving and the name of his liability insurer to the person injured, to show his driver's license on request if available, and to provide reasonable assistance. If you do not have that information, ask for it.

What you can do

1. Have your son examined by a doctor even if he seemed fine. Children minimize what hurts, and a delayed record is the first thing an insurer discounts.

2. Ask the school in writing, and soon, for any incident report and for any security or bus camera footage covering that area. Footage is often overwritten within days, so the written request matters more than the phone call.

3. Get the driver's name, address, vehicle registration and insurance information, and the name of any employer if it was a work vehicle.

4. Photograph the bicycle, the damage to the car, and the spot where it happened, including sight lines, signs and markings.

5. Get the names and phone numbers of any student, parent or staff member who saw it.

6. Ask a lawyer before you or your son gives any recorded statement, and do not treat the driver's or an insurer's version of fault as settled.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) requires a personal injury suit within two years after the day the cause of action accrues, and a claim on behalf of a minor can work differently from an adult's. Where your family's deadline falls depends on your facts, so have a Texas attorney review them rather than counting from the date of the collision.