Board-Certified Trial Representation for Injured Pedestrians and Cyclists in Brazos County
Pedestrians and cyclists struck by vehicles in Bryan-College Station face some of the most serious injuries in personal injury law — and some of the most aggressive insurance defenses. At The Payne Law Group, Scott Scherr represents pedestrian and bicycle accident victims throughout Brazos County with a level of preparation that most firms can’t match. As a Brazos County pedestrian and bicycle accident lawyer Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization — a credential held by fewer than 2% of Texas attorneys — Scott Scherr builds every case for trial from the start, which is exactly what drives better outcomes at the negotiating table and in the courtroom.
Why Choose Scott Scherr at The Payne Law Group?
Pedestrian and bicycle accident cases demand an attorney who can stand up to insurance companies and, when necessary, take your case to trial. Scott Scherr at The Payne Law Group provides:
- Board Certification in Personal Injury Trial Law, a distinction held by roughly 2% of practicing Texas attorneys
- Over 30 years of experience litigating personal injury claims in state and federal courts
- Deep roots in Brazos County since 1949, making us one of the area’s largest and most established firms
- A track record of multi-million dollar jury verdicts and settlements for seriously injured clients
- Contingency fee representation, meaning you pay nothing unless we recover compensation for you
Our personal injury law firm in Brazos County is staffed with legal professionals who understand the local courts, the Bryan-College Station community, and what it takes to build a case that gets results. We are committed to fighting for the rights of injured victims and their families.
How Does an Attorney Help After a Pedestrian or Bicycle Accident?
Insurance companies handling pedestrian and bicycle accident claims often attempt to minimize or deny compensation, even when their policyholder was clearly at fault. When you file a claim, the insurance provider will often seek to refute either the validity of your claim, the value of your damages, or both. An experienced attorney counteracts these tactics by conducting an independent investigation, preserving critical evidence, and calculating the full value of your losses.
Scott Scherr at The Payne Law Group handles every aspect of your claim, from gathering police reports and medical records to retaining accident reconstruction experts when needed. For bicycle accident cases, that work also includes documenting damage to the bike, preserving any helmet, lights, or reflectors involved, and securing footage from helmet cameras or action cameras when available. Insurance providers often offer an initial lowball figure, hoping you won’t discover how much your case is actually worth. With a Board-Certified trial attorney representing you, insurance adjusters know your case is backed by someone prepared to go to court if a fair settlement cannot be reached.
What Compensation Can You Recover After a Pedestrian or Bicycle Accident in Texas?
Depending on the facts, Texas law may allow recovery of economic damages and, in many cases, non-economic damages such as pain and suffering. Economic damages include:
- Medical expenses
- Lost wages or earnings
- Out-of-pocket expenses
- Loss of future earning potential
Non-economic damages compensate victims for their pain and suffering. They also include scarring, disfigurement, emotional distress, mental anguish, and loss of enjoyment of life. Every case is different, and the full value of your claim depends on the severity of your injuries, the length of your recovery, and the long-term impact on your quality of life.
In cases involving fatal pedestrian or bicycle accidents, surviving family members may be able to file a wrongful death claim. According to Texas Civil Practice and Remedies Code Section 71.004, the surviving spouse, children, or parents can benefit from a wrongful death lawsuit. Scott Scherr at The Payne Law Group has the experience to handle these emotionally and legally complex cases with the attention they require.
What Are Your Rights as a Pedestrian or Cyclist in Texas?
Texas law gives pedestrians and cyclists meaningful protection on the road, but the rules differ in important ways that often shape how a claim plays out.
For cyclists, Texas Transportation Code Section 551.101 provides that a person operating a bicycle has the rights and duties of a driver of a motor vehicle, with limited exceptions. That means motorists must yield, signal, and follow right-of-way rules around cyclists the same way they would around any other vehicle. Section 551.103 requires bicyclists moving slower than other traffic to ride as near as practicable to the right curb, but with several exceptions — including when passing, preparing to turn left, avoiding road hazards, or operating in a lane less than 14 feet wide that lacks a designated bicycle lane. Section 551.104 requires every bicycle to have a brake capable of skidding the wheel on dry pavement, and at night requires a white front lamp visible from 500 feet and either a red rear reflector or red rear lamp visible from 500 feet.
Texas does not have a statewide bicycle helmet law, although some Texas cities have enacted local helmet ordinances. Even where helmets are not legally required, the presence or absence of a helmet can affect how an insurance adjuster evaluates a claim, particularly in cases involving head injuries.
For pedestrians, Texas traffic laws generally require drivers to yield in marked crosswalks and at intersections, while pedestrians have their own duties — including yielding to vehicles when crossing outside crosswalks. Whether the at-fault driver violated these rules, and whether you complied with yours, can determine the strength of your claim and how aggressively the insurer pursues a contributory fault argument.
What If You Were Partially at Fault for the Accident?
A common concern among pedestrian and bicycle accident victims is whether they can still recover compensation if they contributed to the accident in some way. Under Texas’s comparative negligence rule, commonly known as the “51% bar,” you can recover damages after an accident if you’re found to be 50% or less at fault. However, your compensation will be reduced in proportion to your share of fault.
This means that even if you were crossing outside a designated crosswalk, riding outside of a marked bike lane, or distracted at the time of the accident, you may still have a valid claim. Insurance companies often use the Texas 51% Bar Rule to propose reduced settlements, arguing that the claimant’s share of fault reduces their liability. Having an attorney who understands how to challenge fault allocation is essential to protecting the value of your claim.
How Long Do You Have to File a Pedestrian or Bicycle Accident Claim in Texas?
Texas law establishes a two-year statute of limitations for most personal injury claims under Texas Civil Practice and Remedies Code Section 16.003.
This means you have two years from the date of your injury to file a lawsuit in court. Missing this deadline typically results in losing your right to pursue compensation entirely, regardless of how strong your case may be.
Certain exceptions may apply when the injured person is a minor or is mentally incapacitated. If you’re filing against a government entity, you must first file a notice of claim, typically within 6 months of the accident, although local governments may require a shorter notice period. Contact a personal injury attorney in Bryan-College Station as soon as possible to protect your legal rights and preserve critical evidence.
What to Expect When You Work with Our Firm
Scott Scherr at The Payne Law Group takes a hands-on approach to pedestrian and bicycle accident cases. From the moment you contact us, our team works to build the strongest case possible on your behalf. Here is what that process typically looks like:
- A free initial consultation where we evaluate the facts of your accident and explain your legal options
- A thorough investigation that includes gathering police reports, medical records, witness statements, and any available surveillance footage
- Identification and documentation of all current and future damages, including medical costs, lost income, and pain and suffering
- Strategic negotiations with the at-fault party’s insurance company, backed by our willingness to take your case to trial
- If a fair settlement cannot be reached, preparation for and representation at trial in Brazos County courts
Pedestrian and bicycle accidents in the Bryan-College Station area often occur along busy corridors near Texas A&M University and high-traffic roads like Texas Avenue and Highway 6 — corridors where student commuters on foot and on bikes mix daily with motor vehicle traffic. Our firm’s familiarity with local conditions and court systems gives your case an advantage that out-of-town attorneys simply cannot match.
Talk to a Brazos County Pedestrian or Bicycle Accident Attorney Today
If you or a loved one has been injured in a pedestrian or bicycle accident in Bryan, College Station, or anywhere in Brazos County, Scott Scherr at The Payne Law Group is ready to help. With Board-Certified expertise, over 30 years of trial experience, and a commitment to recovering every dollar you deserve, our firm provides the representation that serious injuries demand. Contact us for a free consultation. We are available 24/7/365, work on a contingency fee basis, and Habla Espanol.
Frequently Asked Questions About Texas Pedestrian and Bicycle Accident Claims
How dangerous are pedestrian and bicycle accidents in Texas?
Pedestrian and bicycle accidents remain a serious safety concern across Texas. Although pedestrians are involved in only one percent of traffic crashes in Texas, they account for 19 percent of all roadway fatalities.
In 2024, Texas Department of Transportation crash data recorded 6,077 crashes involving pedestrians, resulting in 768 pedestrian deaths and 1,452 serious injuries, and 2,748 crashes involving pedalcyclists, resulting in 78 cyclist deaths and 428 serious injuries. These numbers underscore why having skilled legal representation is critical after any pedestrian or bicycle collision.
Do I need to pay upfront for a pedestrian or bicycle accident attorney?
No. Scott Scherr at The Payne Law Group handles pedestrian and bicycle accident cases on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for your injuries. Your initial consultation is also completely free, allowing you to understand your options without any financial risk.
What should I do immediately after being hit by a vehicle as a pedestrian or cyclist?
Call 911 to report the accident and request medical attention, even if your injuries seem minor at first. Document everything you can, including the driver’s information, photos of the scene, and contact details for any witnesses. If you were on a bicycle, preserve the bike and any equipment (lights, helmet, reflectors) without altering or repairing them — these can serve as evidence. Avoid giving recorded statements to the other party’s insurance company before speaking with an attorney. Contact our team as soon as possible so we can begin preserving evidence and protecting your claim.