What Happens If Your Dog Bites Someone in Houston?

After a hit-and-run bicycle accident in Texas, you have two main paths to get compensation. You can file a claim through your own car insurance, or you can pursue the driver’s insurance if the police locate them later.

Most people don’t realize that their car insurance also covers them when they’re riding a bike. This coverage becomes your lifeline when the driver who hit you disappears.

Your own auto insurance policy offers several types of protection:

• Uninsured Motorist (UM) Coverage: This pays when the at-fault driver has no insurance or can’t be found
• Personal Injury Protection (PIP): This covers your medical bills and lost wages right away, no matter who caused the crash
• Medical Payments Coverage: This helps pay hospital bills without waiting for fault decisions

If police track down the hit-and-run driver, you can then file a claim against their liability insurance. This option usually gets you more money because it includes pain and suffering damages that your own insurance might not cover.

The key is acting fast. Insurance companies have strict deadlines, and waiting too long can cost you thousands in benefits.

What Is the First Step to Claim for a Bicycle Hit and Run?

Your safety comes first, but the steps you take right after the accident can make or break your claim. Seeking medical attention and contacting the police establishes the necessary paper trail to support your case later.

Call 911 immediately, even if you think you’re not severely hurt. The police report becomes crucial evidence for your insurance claim, and many companies won’t process hit-and-run claims without one.

Here’s what you need to do at the scene:

1. Get medical attention: Adrenaline can mask serious injuries like concussions or internal bleeding
2. Document everything: Take photos of your injuries, the damaged bike, and the accident location
3. Find witnesses: Get names and phone numbers of anyone who saw what happened
4. Note vehicle details: Write down any information about the car that hit you, even partial license plates or car color

Don’t try to chase the fleeing driver or put yourself in more danger. Focus on gathering evidence and getting help.

Many cyclists make the mistake of thinking they’re fine and skipping the hospital. This decision often comes back to haunt them when insurance companies question whether their injuries were really from the accident.

How Do I File a Hit and Run Claim with My Insurance?

Filing a hit-and-run claim means dealing with your own insurance company, not the other driver’s. You’ll need to prove that an unknown driver caused your injuries and that you followed all the rules in your policy.

Start by calling your insurance company’s claims department as soon as possible. Insurance policies often have strict and prompt deadlines for reporting accidents, especially in hit-and-run cases, so it’s essential to notify your insurer as soon as possible.

Our experienced legal team at DeHoyos Accident Attorneys knows how to handle insurance adjusters and build a strong case on your behalf. We’ll fight to ensure you get the full compensation you deserve for your injuries and damages.

Uninsured Motorist Claims Process

Uninsured motorist coverage is designed precisely for hit-and-run situations. This coverage steps in when the at-fault driver can’t be identified or doesn’t have insurance.

To utilize your UM coverage, you must provide several pieces of information to your insurance company. You need to demonstrate that another vehicle struck you, that the driver was at fault, and that they left the scene.

Your insurance company will investigate just like they would for any other claim:

Police report review: 

They’ll examine the official accident report for details about what happened

Medical record analysis: 

They’ll look at your injuries to confirm they match the type of accident you described

Witness interviews: 

They may contact people who saw the crash to verify your story

Scene investigation: 

Adjusters might visit the accident location to understand how it happened

The process can take weeks or months, depending on the complexity of your case. Your insurer might also require you to submit to an examination under oath, where you answer questions about the accident under penalty of perjury.

Personal Injury Protection Claims

PIP coverage works differently because it’s “no-fault” insurance. This means you can receive benefits without having to prove who caused the accident.

Filing a PIP claim is usually straightforward. You submit your medical bills and proof of lost wages as they happen, and your insurance pays according to your policy limits.

PIP typically covers:

Medical expenses: 

Hospital bills, doctor visits, physical therapy, and prescription medications

Lost wages: 

Usually 60-80% of your income while you can’t work

Essential services: 

Help with household tasks you can’t do because of your injuries

Rehabilitation costs: 

Physical therapy and other treatments to help you recover

The main advantage of PIP is speed. You can get money for medical bills within days or weeks instead of waiting months for a settlement.

What if the Hit and Run Driver Is Found?

When police identify the driver who hit you, your entire claim strategy changes. Instead of relying on your own insurance, you can go directly after the at-fault driver’s liability coverage.

This scenario works out better for you financially. The other driver’s insurance typically covers more types of damages, including pain and suffering that your own UM policy might limit.

Once the driver is found, their insurance company becomes responsible for all your losses. This includes medical bills, lost wages, property damage, and compensation for your physical and emotional pain.

Your lawyer will handle all communication with the other driver’s insurance company. Insurance adjusters often try to settle quickly for less money than your case is worth, especially when they know their driver committed a crime by fleeing.

The hit-and-run driver might also face criminal charges, which can help your civil case. A conviction for leaving the scene of an accident provides strong evidence of their fault.

What Compensation Can I Claim in a Bicycle Hit and Run?

A bicycle hit-and-run claim should cover every way the accident has affected your life. Texas law categorizes these damages into economic losses (those that can be quantified in monetary terms) and non-economic losses (those that are more difficult to assign a dollar amount to).

Economic damages include all your If your dog bites someone in Houston, you face immediate legal consequences, including potential liability for the victim’s medical bills, lost wages, and pain and suffering, plus possible criminal charges under Texas law if the attack causes serious injury. 

After a dog bite, it’s essential to notify local authorities, secure your dog, and contact your insurance company. The person bitten should seek medical attention and keep a record of their injuries. 

Texas follows the one-bite rule, meaning you can be held responsible if you knew or should have known your dog had dangerous tendencies, and Houston can declare your dog legally “dangerous” with strict ongoing requirements.

This guide explains the specific steps that both dog owners and bite victims must take as soon as possible, how Texas liability laws work, when criminal charges may be applicable, and what the dangerous dog process entails. 

You’ll also learn about insurance coverage, potential damages in dog bite cases, and when you need legal representation to protect your rights.

What Happens Right After a Dog Bite in Houston

If your dog bites someone in Houston, you face immediate legal and financial consequences that can affect you for years. Texas law requires you to take specific actions within 24 hours, and the victim can hold you liable for their medical bills, lost wages, and pain and suffering.

Both dog owners and bite victims have critical steps they must follow to protect their rights and build their case.

Steps for Dog Owners Within 24 Hours

Your priority is managing the situation safely while protecting yourself legally. Taking the proper steps now can prevent bigger problems later.

Secure your dog immediately: 

Remove your dog from the area and place it in a secure room, crate, or fenced yard where it cannot harm anyone else.

Help the victim get medical care: 

Call 911 if the injuries are serious, but don’t admit fault or apologize for what happened.

Exchange contact information: 

Provide the victim with your name, address, phone number, and, if available, your dog’s vaccination records.

Document the scene: 

Take photos of the location where the bite occurred, any resulting property damage, and obtain witness contact information.

Call your insurance company: 

Contact your homeowner’s or renter’s insurance right away to report the incident.

The victim will likely be upset and scared, which is a normal reaction. Stay calm and cooperative, but refrain from discussing who was at fault or making statements about your dog’s behavior.

Steps for Bite Victims Within 24 Hours

If a dog bites you, your actions in the first day can make or break any future legal claim you might have.

Get medical attention immediately: 

Visit an urgent care center or emergency room, even if the bite appears minor, as dog bites can lead to serious infections.

Report the bite to authorities: 

Call 311 to reach BARC Animal Shelter, or call 911 if the attack was severe or ongoing.

Take photos of your injuries: 

Document your wounds right after the attack and throughout your healing process.

Get the owner’s information: 

Ask for their name, address, phone number, and proof that their dog is vaccinated against rabies.

Contact a Houston dog bite lawyer: 

Speak with a Houston dog bite attorney who can explain your rights and help you recover compensation.

Don’t wait to seek medical care because you think the bite isn’t serious. Even minor puncture wounds can become infected or cause nerve damage.

Who to Report a Dog Bite to in Houston

Texas law requires you to report any dog bite that breaks the skin to local health authorities within 24 hours. In Houston, call 311 to reach BARC Animal Shelter and Adoptions, which handles all animal control issues.

If the attack is severe or the dog remains loose and dangerous, call 911 for an immediate police response. The hospital or doctor treating the bite victim must also report the incident to Harris County Public Health.

This reporting helps track dangerous dogs and protects other people from future attacks.

Are You Liable Under Texas Dog Bite Law

After handling the immediate crisis, you need to understand your potential legal responsibility. Texas doesn’t have a specific dog bite statute like some states, but courts have created rules that can make you pay for injuries your dog causes.

The key question is whether you knew or should have known your dog was dangerous.

What Is the Texas One Bite Rule

The “one-bite rule” is a legal principle that holds dog owners liable if they knew their dog had a history of dangerous tendencies. This doesn’t mean your dog gets one free bite before you’re responsible.

Any prior aggressive behavior counts as notice that your dog might bite someone. Examples include:

• Your dog has growled, snapped, or lunged at people before
• Your dog has bitten another animal or person in the past
• You’ve been told by others that your dog seems aggressive
• Your dog has tried to escape your yard to chase people

If you knew about any of these behaviors and didn’t take steps to prevent a bite, you can be held liable for the victim’s injuries.

When Negligence or Leash Laws Create Liability

Even if your dog has never shown aggression, you can still be responsible if your carelessness led to the bite. Negligence means you failed to use reasonable care to control your dog.

Common examples of negligence include:

• Letting your dog run loose in public, which violates Houston’s leash laws
• Having a broken fence that allows your dog to escape your property
• Not properly controlling your dog on a leash around other people
• Leaving your dog unsupervised with children or strangers

Houston requires dogs to be on a leash when off their owner’s property, except in designated off-leash areas.

How Comparative Fault Affects a Texas Dog Bite Case

Sometimes the bite victim shares some blame for what happened. Texas uses a modified comparative fault rule, which means the victim’s compensation gets reduced by their percentage of fault.

If the victim is more than 50% at fault, they can’t recover any money at all.

Actions that might reduce a victim’s recovery include:

Trespassing on your property: 

If someone illegally enters your yard and gets bitten, their compensation may be reduced under premises liability principles.

Provoking your dog: 

Hitting, kicking, or teasing your dog before the bite can shift blame to the victim.

Ignoring warning signs: 

If you posted “Beware of Dog” signs and the victim ignored them, this might affect their case.

Could You Face Criminal Charges in Texas

Most dog bite cases are civil matters between you and the victim, but severe attacks can lead to criminal charges. Understanding when a bite becomes a crime can help you prepare for what’s ahead.

The difference usually comes down to the severity of the injuries and whether you were reckless in controlling your dog.

What Is Lillian’s Law in Texas

Lillian’s Law, passed in 2007, allows prosecutors to file felony charges against dog owners whose unsecured dogs cause serious bodily injury or death.

The law is named after Lillian Stiles, who was the victim of a fatal dog attack in Lexington, Texas.

You can be charged under this law in two situations:

• Criminal negligence: If you failed to secure your dog and it seriously injured someone, you could face serious criminal charges under Texas law.
• Known dangerous dog: If you knew your dog was dangerous and it killed someone, you face a second-degree felony with 2 to 20 years in prison.

“Serious bodily injury” means a catastrophic injury that creates a substantial risk of death or causes severe permanent disfigurement.

When Police Make an Arrest After a Dog Bite

Police rarely arrest dog owners for minor bites that only require basic medical care. Arrests typically happen only when the victim suffers severe injuries or there’s clear evidence of the owner’s recklessness.

Factors that increase the chance of arrest include:

• The victim needed surgery or extended hospitalization
• You had been warned before that your dog was dangerous
• You violated a court order related to your dog
• You were intoxicated when the attack happened
• Your dog has a history of attacking people

Most dog bite cases result in civil lawsuits rather than criminal charges.

What Is a Dangerous Dog in Houston

Even if you don’t face criminal charges, Houston can officially declare your dog “dangerous” after an attack. This legal label comes with strict requirements that you must follow to keep your dog.

The dangerous dog process is separate from any criminal case and has a lower standard of proof.

How Houston Declares a Dog Dangerous

The process starts when someone files a sworn complaint with BARC Animal Shelter. Under Texas law, a dog can be declared dangerous if it makes an unprovoked attack causing bodily injury or acts in a way that makes someone reasonably believe it will attack.

BARC investigates the complaint by interviewing witnesses, reviewing medical records, and examining the dog’s history. If they find sufficient evidence, they schedule a hearing where a hearing officer decides whether to declare the dog dangerous.

You have the right to attend this hearing, present evidence, and have a lawyer represent you.

Owner Duties After a Dangerous Dog Declaration

If your dog is declared dangerous, you have 30 days to comply with several strict requirements. Failing to meet these requirements can result in your dog being seized and possibly euthanized.

Requirement	What You Must Do	What Happens If You Don’t
Registration	Register your dog annually with BARC as dangerous	Your dog will be seized
Insurance	Maintain $100,000 in liability insurance	You face criminal charges
Secure enclosure	Keep your dog in an escape-proof pen or building	Your dog is immediately impounded
Warning signs	Post “Dangerous Dog” signs on your property	You’ll be fined
Microchip	Have your dog microchipped for identification	Registration will be denied

The secure enclosure must have a roof, a concrete floor, and be designed so your dog cannot escape or attack someone through the fence.

Appeal Rights and Euthanasia Risk in Houston

You can appeal a dangerous dog declaration to municipal court, but you only have 15 days after being notified to file your appeal. If you miss this deadline, the declaration becomes final.

If your dog caused serious bodily injury or death, the court may order it to be euthanized. Having an experienced attorney is crucial during these proceedings because your dog’s life may be at stake.

The appeal hearing is similar to a trial, where both sides present evidence and witnesses.

Does Texas insurance cover dog bites?

Your homeowner’s or renter’s insurance is usually the primary source of money to pay a dog bite victim. Understanding your coverage can help you prepare for what’s coming.

Homeowners and Renters Insurance for Dog Bites

Standard homeowner’s and renter’s insurance policies include liability coverage that pays for injuries your dog causes to other people. The amount of liability coverage available for dog bites will depend on the specific terms of your homeowner’s or renter’s insurance policy.

Your insurance will also pay for a lawyer to defend you if the victim files insurance claims and sues you in court. However, some policies exclude certain dog breeds or may cancel your coverage after a claim.

Breeds commonly excluded from coverage include:

• Pit bulls and pit bull mixes
• Rottweilers
• Doberman pinschers
• German shepherds
• Chow chows

Check your policy or call your insurance company to see if your dog breed is covered.

Damages Available in a Dog Bite Claim

Dog bite victims can seek compensation for both economic and non-economic damages. The total amount depends on the severity of the injuries and their impact on the victim’s life.

Economic damages include:

• Medical expenses: Emergency room visits, surgery, medications, and physical therapy
• Lost wages: Income missed while recovering from the attack
• Future medical care: Ongoing treatment, reconstructive surgery, or counseling

Non-economic damages include:

• Pain and suffering: Physical pain and emotional trauma from the attack
• Scarring and disfigurement: Permanent changes to the victim’s appearance
• Loss of enjoyment of life: Inability to participate in activities they enjoyed before

Severe dog bite cases can result in settlements or verdicts of hundreds of thousands of dollars. Our experienced Houston personal injury lawyers can help assess your total financial and non-financial losses.

Texas Statute of Limitations for Dog Bites

In Texas, dog bite victims have exactly two years from the date of the attack to file a lawsuit against you. If they don’t file within this time limit, they lose their right to seek compensation through the courts.

This deadline applies to both personal injury claims and property damage claims. However, if the victim is a minor, the two-year deadline doesn’t start until they turn 18.

Acting quickly after a bite helps preserve evidence and witness memories that are crucial to both sides’ cases.

When to Call DeHoyos Accident Attorneys

Dog bite cases involve complex legal issues that most people don’t understand. Whether you’re a dog owner facing a lawsuit or a bite victim seeking compensation, having experienced legal help can make the difference between winning and losing your case.

At DeHoyos Accident Attorneys, we’ve handled hundreds of dog bite cases in Houston and understand how these cases work from both sides.

How We Build and Value a Dog Bite Case

Our team is familiar with Houston’s local laws and court procedures, including how BARC handles cases involving dangerous dogs. We start by thoroughly investigating what happened, gathering police reports, medical records, and witness statements.

For dog owners, we look for defenses such as provocation or trespassing that can reduce or eliminate liability. For bite victims, we document all your injuries and losses to build the strongest possible personal injury case for compensation.

We handle all negotiations with insurance companies and aren’t afraid to take cases to trial when necessary. Our goal is always to get you the best possible outcome, whether that means defending you against unfair claims or getting you full compensation for your injuries.

Free Consultation and No Fee Unless We Win

We work on a contingency fee basis, which means you don’t pay us anything unless we win your case. This makes it possible for anyone to get experienced legal help, regardless of their financial situation.

We offer free consultations, during which we’ll review your case and explain your options with no obligation. If we take your case, we handle everything while you focus on recovering from your injuries or dealing with the stress of being sued.

Our team is available 24/7 to answer questions and provide guidance during this difficult time.