San Antonio bicycle accident claims: local rules, city claims and Texas law

By Beverly Law’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Updated November 2026.

San Antonio’s safe passing ordinance

San Antonio adopted its vulnerable road user ordinance on February 4, 2010. Ordinance 2010-02-04-0097 added Section 19-9 to Chapter 19 of the City Code. It covers people on bicycles, pedestrians, road workers and motorcyclists, among others. The City’s October 2024 bike plan policy report still describes it as existing policy (Bike Network Plan, Appendix H).

When a driver passes a vulnerable road user, Section 19-9 requires the driver to:

• Change lanes on a road with two or more marked lanes in the same direction.
• Leave room on other roads: at least 3 feet for passenger cars and light trucks, and at least 6 feet for other trucks and commercial motor vehicles, when road conditions allow.
• Yield on a left turn to an approaching rider close enough to be an immediate hazard, including at an alley or driveway.
• Not pass and then turn right in front of the rider unless safely clear.
• Not intimidate, harass or threaten the rider.

Drivers must also use due care to avoid hitting a vulnerable road user. A violation is a Class C misdemeanor with a fine of up to $200 (City of San Antonio). A driver has an affirmative defense if the rider was breaking the law at the time, so your own riding will be examined too.

Where the city rule applies and where only state law does

Section 19-9 covers crashes inside San Antonio city limits. In a neighboring city or unincorporated Bexar County, state law applies unless a local rule exists.

Texas has no statewide passing distance. Transp. Code 545.053 says only that a driver passing another vehicle must pass “at a safe distance” and not move back until safely clear, and a person on a bicycle has a driver’s rights and duties (Transp. Code 551.101). In 2009 the Legislature passed SB 488, which would have set 3 feet for passenger cars and 6 feet for other vehicles. Gov. Rick Perry vetoed it (House Research Organization veto report).

Sidewalks, lanes and lights: rules an insurer will raise

City Code Section 19-286 makes it unlawful to “drive, propel, park, or stand any vehicle upon a sidewalk,” and the City says this means bicycles may not be ridden on sidewalks except by law enforcement and emergency personnel (City of San Antonio). The Bike Network Plan, approved by City Council on January 30, 2025 (City of San Antonio), recommends allowing sidewalk riding except where signs prohibit it. As of November 2026, the City’s bicycle laws page still describes the ban.

On the street, a rider moving slower than traffic must stay as near as practicable to the right curb. The exceptions include passing, preparing to turn left, avoiding a hazard, and an outside lane under 14 feet wide with no bike lane (Transp. Code 551.103). At night the bike needs a white front lamp visible from 500 feet and a red rear reflector or red lamp (Transp. Code 551.104). Insurers use each rule to push up the rider’s share of fault. More state rules are in our Texas bicycle laws FAQ.

Who answers for the vehicle or the road

The Texas Tort Claims Act waives immunity for injuries caused by an employee’s negligent operation of a motor vehicle, and for personal injury caused by a condition of real property when a private person would be liable (CPRC 101.021).

• City of San Antonio: city vehicles, such as an SAPD patrol car or a city truck, and city streets.
• VIA Metropolitan Transit: VIA buses and vans. A transit authority is a governmental unit under the Tort Claims Act (Transp. Code 451.052(c)), and the Texas Supreme Court applied that rule to VIA in VIA Metropolitan Transit v. Meck (2020). The City’s claim page says claims involving VIA go to VIA, not the City.
• Bexar County: county vehicles and county roads.
• TxDOT: roads on the State Highway System, such as state highways, loops and farm-to-market roads. TxDOT calls city streets and county roads “off-system,” but some city streets were added to the state system, so check the road’s designation (TxDOT glossary).

Notice deadlines and damage caps

A governmental unit is entitled to written notice within six months that reasonably describes the injury, the time and place, and the incident. A city charter can set a shorter period (CPRC 101.101). San Antonio’s charter does.

Formal notice is not required if the unit had actual notice of the injury (CPRC 101.101(c)). Do not rely on that. Damages are capped at $250,000 per person and $500,000 per occurrence for a city or the state, and $100,000 per person and $300,000 per occurrence for other local units, such as a county (CPRC 101.023).

Potholes, debris and broken signals

Section 101.021(2) covers personal injury and death from a condition of property, not property damage. The City’s claim page says the City is not liable for property damage caused by the condition of its streets (City of San Antonio). A bent wheel usually is not recoverable from the City; an injury may be.

• Ordinary defects: the government owes only the duty a private owner owes a licensee. That limit does not apply to the duty to warn of special defects, such as excavations or obstructions on streets (CPRC 101.022).
• Charter limits: Section 150 requires proof that the City Manager, a council member or the person in charge of the work had actual knowledge or notice of a street defect in time to fix it, and says the City is not liable for sidewalk defects (City Charter Section 150).
• Signals and signs: a claim over a missing or malfunctioning signal generally requires that it was not fixed within a reasonable time after notice (CPRC 101.060).

Fault and the two-year deadline

Texas uses a modified comparative fault rule. If a jury finds you more than 50 percent responsible, you recover nothing (CPRC 33.001). At 50 percent or less, your damages are reduced by your share (CPRC 33.012). See comparative fault in California, Texas and Washington.

A lawsuit for personal injury must be filed within two years after the claim accrues, and a death claim within two years of the death (CPRC 16.003). Government notice comes due long before that.

San Antonio bicycle crash numbers

Since December 4, 2025, the City’s High-Injury Network dashboard has mapped corridors with severe crashes, including those involving bicyclists (City of San Antonio). It can show whether your crash happened on one of those streets.

Getting the SAPD crash report and other records

An officer who investigates a crash with injury must file a report with TxDOT within 10 days (Transp. Code 550.062). You can buy the CR-3 through TxDOT’s online system for $6, or $8 certified, plus a small online surcharge. People directly involved and their representatives get the full copy (TxDOT). Our guide on getting a police report in San Antonio covers SAPD’s own options.

Check whether the officer recorded the passing distance, your lane position, your lights and any citation under Section 19-9. For video, see getting traffic camera footage in San Antonio.

What this means for your case

1. Note the exact location and whether it is inside San Antonio city limits.
2. If a City, VIA, county or state vehicle or road is involved, mark the 90-day and six-month dates now.
3. Send written notice to the right agency, and to VIA directly for a VIA bus.
4. Buy the CR-3 and ask for corrections if it is wrong.
5. Photograph your lights, the lane, any bike lane and any pothole. Keep the bike as it is.

Read more on our Texas bicycle accident lawyer page, or call Beverly Law at (310) 552-6959 for a free review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Texas bicycle accident lawyer · San Antonio personal injury lawyer · What are the bicycle laws in Texas? · How to get a police report in San Antonio · How to get traffic camera footage in San Antonio · Comparative fault in California, Texas and Washington

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 11, 2026.