Blog
Cyclists in Austin and across Texas who have just been hit by a vehicle — or a loved one helping them. Read the first page right now if you can. The rest can wait until you’re safe and stable.
A bike wreck is disorienting. You may be hurt worse than you realize, the driver may already be pressuring you to skip the police, and your adrenaline is masking real pain. The choices you make in the next minutes and days will shape both your recovery and any claim you bring later.
This guide is written for cyclists in Austin and across Texas. It walks you through what to do at the scene, in the hours and days that follow, and the insurance traps to watch out for — including one source of compensation most cyclists don’t know they have.
Once you’re safe, work through these in order. Don’t worry about doing them perfectly — do what you can, and let your lawyer fill in the gaps.
1. Get a police report — insist on it.
Even if the officer suggests an exchange of information is enough, ask for a written report. The crash report is the foundation of your claim. Get the responding officer’s name, badge number, and the report number before they leave.
2. Get checked out by EMS — and go to the hospital.
Adrenaline can hide a concussion, internal bleeding, or a fractured vertebra for hours. Insurance companies routinely argue that a delay in seeking treatment means you weren’t really hurt. Same-day documentation matters. If EMS clears you, still go to an urgent care or ER within 24 hours.
3. Collect the driver’s information — but don’t give a statement.
Get the driver’s name, address, phone, license plate, driver’s license number, insurance company, and policy number. Take a photo of their license and insurance card if you can. Don’t discuss fault, don’t explain how it happened, and don’t sign anything they hand you.
4. Photograph everything before it changes.
Wide shots of the scene. The vehicle and its damage. Your bike from every angle. Your injuries (and again over the next 7–10 days as bruising develops). Skid marks. Traffic signals and signage. The lighting. Your helmet. Your damaged clothing and shoes. Phones move on; your case will not.
5. Get witness names and phone numbers.
Independent witnesses are gold. Police don’t always interview them, and they often disappear within minutes. A name and cell number is enough. If a witness will record a quick voice memo describing what they saw, even better.
6. Preserve your bike, helmet, and gear — exactly as they are.
Do not repair the bike. Do not throw away the helmet, even if it looks fine. Do not wash the clothes you were wearing. These are evidence. Photograph everything, then store it somewhere safe and dry. Your lawyer may need to have the bike and helmet inspected by an expert.
7. Follow your doctor’s orders — every appointment, every referral.
Gaps in treatment are the single most common reason claims are undervalued. If your primary care doctor refers you to a neurologist, orthopedist, or physical therapist, go. Keep a simple journal of pain levels, sleep, missed work, and activities you can no longer do.
8. Do not talk to the driver’s insurance company.
Within 24–72 hours, an adjuster will call you. They will sound friendly. They will ask for a recorded statement “just to confirm the basics.” Politely decline. Anything you say can and will be used to reduce or deny your claim. Refer them to your lawyer.
9. Do not post about the wreck on social media.
Insurance companies actively monitor injured people’s social media. A photo of you at a friend’s birthday — even smiling through the pain — can be twisted into evidence that you weren’t really hurt. Lock down your accounts and stay quiet about the case until it resolves.
10. Call a personal injury lawyer who knows cyclist cases.
The earlier a lawyer is involved, the more evidence can be preserved — traffic camera footage is often overwritten in 30 days or less. Most personal injury lawyers, including Schuelke Law, offer a free consultation and only get paid if you recover.
Texas requires drivers to carry only $30,000 in bodily injury liability coverage per person. State regulators estimate that roughly one in five Texas drivers carries no insurance at all, and many more carry only the minimum. For a cyclist with a serious injury, $30,000 doesn’t come close. Here is what most cyclists don’t know: if you own a car and carry Uninsured/Underinsured Motorist (UM/UIM) coverage on your auto policy, that coverage follows you onto your bicycle. It applies when you are hit by an uninsured driver, by a hit-and-run driver who is never found, or by a driver whose insurance isn’t enough to cover your injuries. It can also apply if you live with a relative who has UM/UIM coverage — even if you don’t own a car yourself.
Hit-and-run wrecks where the driver is never identified.
Wrecks caused by uninsured drivers — about 20% of Texas drivers.
Wrecks where the driver’s insurance isn’t enough to cover your medical bills, lost wages, and pain and suffering.
Wrecks involving a household member’s policy. A spouse’s, parent’s, or roommate-relative’s UM/UIM may apply to you.
Texas UM/UIM claims are governed by complex rules — including the Texas Supreme Court’s Brainard decision — that even many lawyers misapply. Brooks Schuelke has written and lectured on this area of law for over fifteen years.
Don’t assume you have no recovery just because the driver fled or had no insurance. Before you give up, have a lawyer review every auto policy in your household.
“Just give us a quick recorded statement.” They are looking for inconsistencies, admissions, or anything that lets them shift blame to you. Decline.
“Sign this medical release so we can process your claim faster.” The release they send is usually broad enough to give them your entire medical history, including unrelated conditions they will use to argue your injuries are pre-existing.
“Here’s our final offer — take it today or it goes away.” Real offers don’t expire in 24 hours. This is a swoop-and-settle tactic designed to close the file before you understand the full extent of your injuries.
“You weren’t wearing a helmet, so you’re at fault.” Texas has no statewide adult helmet law. Not wearing a helmet is not, by itself, legal fault for the wreck.
“You came out of nowhere.” Drivers and adjusters routinely blame cyclists for being hard to see. Texas’s Vulnerable Road User protections — and basic negligence law — say a driver has a duty to look.
Texas generally gives you two years from the date of the wreck to file a lawsuit. Sounds like plenty of time. It isn’t. Claims against a city, county, or state entity (for example, a dangerous road or signal) require written notice in as little as 90 days. Traffic-camera and dashcam footage is often overwritten within 30 days. Witnesses’ memories fade fast. The single most valuable thing you can do is call a lawyer early.
We’ve represented injured Texans for more than 30 years and have written some of the leading materials in the state on uninsured/underinsured motorist claims. The consultation is free, and we don’t get paid unless you recover. To learn more about what to do after a bike wreck, contact us through our online contact form or call us at (512) 476-4944 today.