Most Texas cyclists pay nothing up front to hire a bicycle accident lawyer. The lawyer is paid a percentage of whatever is recovered, plus case expenses repaid from that recovery, and usually nothing if there is no recovery. What a rider actually pays comes down to three lines in the fee contract, and Texas law spells out what that contract has to say.
What Percentage Do Texas Bicycle Accident Lawyers Charge?
Texas sets no fixed percentage. The law requires that a contingent fee contract “must be in writing and signed by the attorney and client”. The State Bar’s conduct rules also bar any fee so high that “a competent lawyer could not form a reasonable belief that the fee is reasonable”. Inside those limits, the percentage is whatever the contract says.
Fee pages published by Texas injury firms commonly list one-third if a case settles and 40% once a lawsuit is filed. Many contracts step up like that, and the rule covers it. If the percentage changes at settlement, trial or appeal, “the percentage for each shall be stated.” A contract that names one number and then mentions “litigation” without a second figure is worth questioning before you sign it.
Why Can the Expense Line Matter More Than the Percentage?
Case expenses are separate from the fee. They include filing fees, medical records, expert reports and deposition transcripts. Rule 1.04(d) requires the contract to state which expenses come out of the recovery “and whether such expenses are to be deducted before or after the contingent fee is calculated.” That one clause moves real money.
Take a $90,000 settlement with $6,000 in expenses and a one-third fee.
| How the contract deducts expenses | Lawyer’s fee | Expenses | What the rider receives |
|---|---|---|---|
| Expenses first, fee on the remaining $84,000 | $28,000 | $6,000 | $56,000 |
| Fee first, on the full $90,000 | $30,000 | $6,000 | $54,000 |
The $2,000 gap is the same as cutting the fee from 33.3% to about 31.1% on a fee-first contract. Most riders negotiate the percentage and never ask about the order.
Robert Goldwater, lead attorney at Bicycle Accident Lawyers Group, puts the expense clause ahead of the headline number.
“People argue over a point or two on the percentage and sign right past the sentence about expenses. Read that sentence first. Ask what happens to the expenses if the case is lost, and get the answer in the contract, not on the phone.”
When Does a Texas Bike Crash Case Cost More?
A case costs more when it moves to the higher percentage the contract names for a lawsuit, and when it needs experts to prove fault or future care. In 2024, Texas recorded 79 cyclist deaths, the third-highest count of any state after Florida and California, according to NHTSA’s 2024 cyclist fact sheet. Houston lost 9 riders and San Antonio 6.
Bicycle Accident Lawyers Group tracks those figures in its state cyclist death statistics, which set Texas’s count beside every other state’s and break out Houston, San Antonio, Dallas, Austin, Fort Worth and El Paso. Each table names its source.
What Should You Check Before You Sign?
Start with who contacted whom. Texas treats chasing accident clients as barratry. Soliciting employment in person or by phone for economic benefit is an offense. A Texas-licensed lawyer also may not send an uninvited written solicitation about an accident “before the 31st day after the date on which the accident or disaster occurred”. A contract procured through in-person or phone barratry, or through conduct the State Bar’s barratry rule forbids, is voidable by the client. A client who sues to void it can recover the fees paid and a $10,000 penalty.
Then read the contract for three things.
- Every percentage, one each for settlement, trial and appeal if they differ.
- The expense clause, including the order of deduction and who pays expenses if the case is lost.
- The closing statement. Rule 1.04(d) requires a written statement at the end showing what was paid to you and how it was worked out.
That statement will also show any hospital lien. In Texas, a hospital lien is capped at the lesser of the hospital’s charges for the first 100 days of the stay or 50% of the recovery, among other limits.
