Being the victim of a bicycle hit and run is one of the most terrifying and frustrating experiences a cyclist can face. One moment you are enjoying a ride through Austin, and the next you are injured on the pavement, watching a driver speed away. In the shock and confusion, it’s easy to feel helpless, but it is critical to know that you are not. The steps you take in the minutes, hours, and days that follow can protect your health, preserve your legal rights, and open pathways to financial recovery, even if the driver is never found.
This guide provides a clear, step-by-step plan for what to do after a bicycle hit and run in Austin, from securing the scene to navigating the complexities of an insurance claim.
What Are My Immediate Priorities After Being Hit?
In the immediate aftermath of a hit and run, your actions should focus on three critical areas: your safety, getting official help, and preserving evidence. Adrenaline can mask the true extent of your injuries, so it is vital to proceed with caution.
- Prioritize Your Safety: If you are able, move yourself and your bicycle out of the flow of traffic to a safe location like a sidewalk or shoulder. Do not attempt to pursue the fleeing driver. Your well-being is the absolute first priority.
- Call 911 Immediately: This is the single most important step. Calling 911 summons both police and emergency medical services to the scene. An official police report is essential for any future insurance claim or legal action, and paramedics can assess your injuries on the spot. In Texas, a police report is legally required for any accident involving injury or property damage that appears to exceed $1,000.
- Seek Medical Attention—No Exceptions: Even if you feel you only have minor scrapes and bruises, you must get a medical evaluation. Some serious conditions, like internal bleeding or traumatic brain injuries (TBI), may not present symptoms for hours or even days. A prompt medical visit creates a time-stamped record that officially links your injuries to the hit-and-run accident, which is crucial evidence for your claim.
How Do I Document the Scene to Help Find the Driver?
While you wait for the police to arrive, your focus should shift to gathering as much information as possible. The evidence you collect can be instrumental in helping law enforcement identify the driver and will form the foundation of your legal claim.
- Vehicle Description: Try to recall and write down everything you can about the vehicle that hit you. Even partial information is helpful.
- Make, model, and color of the car.
- Any part of the license plate number you can remember.
- Noticeable features like bumper stickers, roof racks, or visible damage.
- The direction the vehicle was heading when it fled the scene.
- Photographic Evidence: Use your phone to take extensive photos and videos of everything.
- The entire accident scene from multiple angles.
- Damage to your bicycle and any other personal property (helmet, clothing, phone).
- Your visible injuries.
- Skid marks, broken glass, or other debris on the road.
- Relevant traffic signs, signals, and road conditions.
- Witness Information: Witnesses are powerful, impartial sources of information. Politely ask anyone who saw the crash for their name and contact information. If they are willing, you can even ask to record a brief statement on your phone about what they saw.
Is a Hit and Run a Serious Crime in Texas?
Yes, leaving the scene of an accident involving an injury is a serious criminal offense in Texas, with severe penalties for the driver if they are caught. The law, found in the Texas Transportation Code , requires any driver involved in a collision that results in injury or death to immediately stop, render aid, and provide their information.
The penalties for violating this law depend on the severity of the injuries caused:
- Accident Causing Injury: This is punishable by up to five years in prison or one year in county jail, plus a fine of up to $5,000.
- Accident Causing Serious Bodily Injury: This is a third-degree felony, carrying a prison sentence of two to ten years and fines up to $10,000.
- Accident Causing Death: This is a second-degree felony, with penalties of two to twenty years in prison and fines up to $10,000.
These criminal charges are separate from any civil lawsuit you can file to recover financial compensation for your damages.
How Can I Get Compensation If the Driver Is Never Found?
This is the most pressing question for many hit-and-run victims. It may seem like your options are gone if the driver disappears, but that is often not the case. You may be able to recover compensation through your own insurance policy, specifically through Uninsured/Underinsured Motorist (UM/UIM) coverage.
UM/UIM coverage is a part of your auto insurance policy that protects you if you are hit by a driver with no insurance or, in this case, a driver who cannot be identified. In Texas, this coverage typically extends to you even when you are riding your bicycle. Filing a UM/UIM claim allows you to seek compensation from your own insurance company for damages the hit-and-run driver would have been liable for, including:
- Medical expenses.
- Lost wages.
- Pain and suffering.
- Property damage to your bicycle.
Many cyclists are hesitant to file a claim with their own insurer, fearing their premiums will increase. However, Texas law generally prevents insurance companies from raising your rates for a not-at-fault accident, including a hit-and-run.
How Do I Get a Copy of the Austin Police Report?
The official police report is a cornerstone of your case. The responding officer is required to file the report with the Texas Department of Transportation (TxDOT) within 10 days. You have a few options for obtaining a copy:
- Online via TxDOT: The most common method is to purchase a copy through the Texas Crash Report Search. You will need information like the date of the crash and the name of a person involved to search for the report. The cost is typically $6 for a regular copy.
- In-Person or by Mail from APD: You can also request the report from the Austin Police Department Report Sales Unit. You can visit the APD Main Headquarters at 715 E 8th Street or request a copy by mail. It’s best to call them at (512) 974-5499 to confirm the process and fees.
Frequently Asked Questions
What if I don’t have car insurance? Can I still get compensation?
If you don’t have your own auto insurance with UM/UIM coverage, securing compensation is more challenging but not impossible. If the driver is identified, you can file a claim against their insurance or pursue a lawsuit directly against them. An experienced attorney can also investigate other potential sources of recovery.
How long do I have to file a personal injury lawsuit in Texas?
In Texas, the statute of limitations for most personal injury claims is two years from the date of the accident. It is critical to act well before this deadline expires, as evidence can disappear and witness memories can fade.
Why do I need an attorney for a hit-and-run accident?
A hit-and-run case is complex. An attorney can immediately begin an investigation, work with law enforcement, and search for evidence like traffic or security camera footage that could identify the driver. If the driver isn’t found, your attorney will handle the entire UM/UIM claim process, fighting to ensure your own insurance company treats you fairly and provides the full compensation you are owed.
How an Austin Bicycle Accident Attorney Can Help
Being the victim of a hit and run is a traumatic event that leaves you facing physical injuries and financial uncertainty. At Cyclistlaw, we understand what you’re going through because we are cyclists who represent cyclists.[3, 4] We know how to build a powerful case, even when the at-fault driver has fled. We will fight to hold the responsible party accountable or, if they cannot be found, to secure the maximum compensation you are entitled to from your own insurance policy.
Don’t navigate this difficult time alone. Contact Cyclistlaw today for a free, no-obligation consultation.
