In Texas, the Recreational Use Statute (Civil Practice and Remedies Code Chapter 75) usually shields a landowner, including a city or the state, from ordinary negligence claims when you are hurt while bicycling on its trail or park land. You can still recover if the owner was grossly negligent or acted with malice or bad faith, and the statute does not protect other people who cause a trail crash, such as another rider, a driver at a street crossing, or a bike manufacturer. Call 972-392-1249 for a free case review.
Most cyclists assume that if a city lets a trail fall apart and someone gets hurt, the city pays. In Texas, that is usually not how it works. A law called the Recreational Use Statute raises the bar for suing a landowner who opens property for recreation, and Texas courts have applied it to cyclists again and again.
That does not mean every trail injury is a dead end. I am Bill Shirer, a Board-Certified personal injury trial lawyer and a cyclist with more than 40 years of racing experience. Below I explain what the statute says, how the Texas Supreme Court has applied it to riders as recently as 2026, and the situations where an injured cyclist still has a real claim.
What Does the Texas Recreational Use Statute Say?
It treats people who use land for recreation, with the owner's permission, like trespassers for liability purposes. Under Chapter 75 of the Texas Civil Practice and Remedies Code, an owner, lessee, or occupant who allows someone onto the property for recreation does not:
Guarantee that the premises are safe for that purpose;
Owe the user any greater duty of care than the owner owes a trespasser; or
Accept responsibility for injuries caused by the user's own actions.
Since a 2005 amendment, the statute's definition of "recreation" expressly includes bicycling and mountain biking, alongside hiking, camping, and any other activity associated with enjoying nature or the outdoors. The same protection extends to governmental units such as cities, counties, and the State of Texas when someone engages in recreation on their property.
The key exception is written into the statute itself: the protection does not apply when the owner was grossly negligent or acted with malicious intent or in bad faith.
How Have Texas Courts Applied It to Cyclists?
Broadly, and mostly in favor of landowners. Three decisions shape how Dallas-area trail cases are evaluated today:
Case | What Happened | Why It Matters to Riders |
State v. Shumake (Tex. 2006) | Applied the statute to a claim against a governmental unit for a dangerous condition on recreational premises | Confirmed that government landowners owe recreational users only the limited trespasser-level duty |
A cyclist riding through university-owned property on her way to a trailhead was struck by a university service truck | The Court held she was engaged in recreation even before reaching the trail, which barred her ordinary negligence claim | |
A runner tripped in a city park during a Thanksgiving turkey trot 5K | The Court held a community footrace is "recreation," ruled out ordinary negligence, and sent the gross negligence claim back for review |
The takeaway from Garner and Realme is that Texas courts read "recreation" generously. If you were riding a trail, a park loop, or heading to one, expect the property owner to raise this statute early, often in a plea to the jurisdiction before the case reaches discovery.
What Counts as Gross Negligence on a Bike Trail?
Gross negligence requires proof that the owner actually knew about an extreme risk and consciously chose not to act. Texas defines it in Civil Practice and Remedies Code Section 41.001 as conduct involving an extreme degree of risk, considering the probability and magnitude of potential harm, where the actor had actual, subjective awareness of the risk but proceeded with conscious indifference to the safety of others.
That is a demanding standard, but it is not impossible. Facts that can support a gross negligence claim include:
Repeated written complaints or 311 reports about a specific hazard, such as a collapsed bridge approach or a washed-out section, followed by no repair, barricade, or warning
Internal emails or maintenance logs showing staff knew a hazard had already injured other riders
A hazard the owner created, such as an unmarked cable, chain, or construction trench across an open trail
Removing or failing to replace warning signs or barriers for a known danger
By contrast, ordinary wear like cracked pavement, roots, loose gravel, or a single fallen limb usually will not meet the standard unless there is proof the owner knew about it and ignored a serious risk. In DeLamar v. Fort Worth Mountain Biker's Association (2019), a rider who struck a downed tree at Gateway Park could not recover from the volunteer group that helped maintain the trail, because the court found it owed him no legal duty.
Who Else Can Be Liable for a Bike Trail Crash?
The statute protects the landowner, not everyone on the property. Many trail crashes are caused by someone other than the owner, and those claims are judged by ordinary negligence rules:
Another cyclist or e-bike rider who passes too fast, cuts across your line, or rides on the wrong side of a shared path.
A dog owner whose off-leash or poorly controlled dog runs into your wheel. See our guide to dog-related bike injuries.
A driver at a trail crossing. Where trails meet city streets, drivers still owe cyclists ordinary care and must follow right-of-way rules.
A manufacturer or seller of a defective frame, fork, wheel, or brake that failed during the ride.
A contractor or utility that created a hazard while working on or near the trail, depending on its role and contract.
Organized rides add another layer. Events that use public roads or private property may involve waivers, permits, and course design questions. Our Hotter'N Hell Hundred liability guide walks through how those issues play out.
Does the Statute Apply to Streets, Bike Lanes, and Commutes?
Not automatically, and this is where the details matter. The statute applies to land the owner allows people to enter for recreation. A crash in a bike lane caused by a road defect is usually analyzed under the Texas Tort Claims Act's premises and special defect rules instead. Our page on roadway defect claims explains that framework.
Government defendants do try to stretch the statute. After Garner, a city or university may argue that any bike ride on public property is recreational. Whether a commute, an errand, or travel through a public right of way qualifies remains contested, and the purpose and route of your ride become important facts. Preserve evidence of where you were going and why.
What Deadlines Apply When You Sue a City or the State?
Notice deadlines for government claims are much shorter than the two-year lawsuit deadline. Under the Texas Tort Claims Act, you generally must give the governmental unit formal notice of your claim within six months of the incident, and city charters can set shorter windows. Government liability is also limited by statute, so identifying every other responsible party early can make a real difference in a serious-injury case.
Riding Dallas-Area Trails: Where These Cases Come From
DFW riders spend much of their saddle time on public trail systems: the Katy Trail and its busy street crossings, the White Rock Lake loop and connector trails, the Santa Fe Trail, the Trinity Skyline Trail, and mountain bike trails at Cedar Hill State Park and other DORBA-maintained sites. Fort Worth riders use the Trinity Trails and Gateway Park. Every one of these is owned or operated by a city, county, or the state, which means the Recreational Use Statute will almost always be part of the analysis when a trail condition causes a crash.
Shared-use trails also bring riders, runners, walkers, dogs, and e-bikes into tight spaces. When one of them causes your crash, the claim may be against that person and their insurance rather than the city. If a pedestrian was involved, see our guide on who is liable in a cyclist vs. pedestrian accident.
What Should You Do After a Bike Trail Crash?
Get medical care and keep every record, including follow-up visits.
Photograph the hazard from several angles with something for scale, plus the surrounding area and any signs or barriers (or their absence).
Pin the exact location with GPS from your bike computer or phone.
Collect witness names and identify anyone else involved: riders, dog owners, drivers.
Save your ride data from Strava, Garmin, or Wahoo, which shows speed, route, and timing.
Search for prior complaints. 311 reports, neighborhood posts, and earlier crash reports can be the key to proving knowledge.
Keep the bike and gear unrepaired until they can be inspected.
Talk to a cycling lawyer before the six-month notice window closes.
Hurt on a trail in Dallas, Fort Worth, or anywhere in Texas? I will tell you honestly whether the Recreational Use Statute blocks your claim and who else may be responsible. Call 972-392-1249 or schedule a free consultation online. If I don't win, you don't pay.
Why Riders Bring Trail Cases to Cyclist at Law
Trail injury claims are won or lost on legal questions that most injury firms rarely see: whether the activity was recreation, whether the owner had actual knowledge, and who else shares responsibility. I am Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, AV Preeminent rated by Martindale-Hubbell, and I have spent more than 40 years in courtrooms and more than 40 years racing bikes. I handle every case personally from my office in North Dallas and represent cyclists across Texas.
If the statute does bar a claim against the city, I will tell you that up front, and then look hard at every other path to recovery. You can read more about me or browse the cycling injury FAQ.
Frequently Asked Questions
Can I sue the city if I was injured on a bike trail in Texas?
Usually not for ordinary negligence. The Texas Recreational Use Statute limits a city's liability to gross negligence, malicious intent, or bad faith when you are hurt while bicycling on its property. Claims against other responsible parties may still be available.
Does the Recreational Use Statute apply to bicycling?
Yes. Since 2005, Chapter 75 of the Texas Civil Practice and Remedies Code has listed bicycling and mountain biking as recreation. Texas courts have applied it to cyclists on trails, in parks, and even on the way to a trailhead.
What is gross negligence under Texas law?
Gross negligence means conduct involving an extreme degree of risk where the defendant actually knew about the risk and proceeded with conscious indifference to others' safety. Ignoring repeated reports of a serious trail hazard can support it.
What did the Texas Supreme Court decide in City of San Antonio v. Realme?
In 2026, the Court held that a community turkey trot 5K in a city park counted as recreation under the statute. That barred the runner's ordinary negligence claim, and the Court sent her gross negligence claim back to the court of appeals.
Can I sue another cyclist who caused my crash on a trail?
Yes. The Recreational Use Statute protects the landowner, not other trail users. A rider, e-bike user, or dog owner who causes a crash can be held responsible under ordinary negligence rules, often through homeowners or renters insurance.
Does the statute apply if I was hit by a car at a trail crossing?
Generally it does not protect a private driver. Drivers at trail crossings owe cyclists ordinary care. If the vehicle belonged to a government entity and the crash happened on its recreational property, the analysis is more complicated.
How long do I have to file a claim against a Texas city?
The Texas Tort Claims Act generally requires formal notice within six months of the incident, and some city charters require notice sooner. The general two-year lawsuit deadline also applies, so early action matters.
Does the statute apply to bike lanes and city streets?
Not automatically. Bike lane crashes caused by road defects are usually analyzed under the Texas Tort Claims Act. Government defendants sometimes argue any ride is recreational, so the purpose and route of your ride matter.
What evidence helps in a bike trail injury case?
Photos of the hazard, GPS location, ride data, witness names, medical records, the unrepaired bike, and proof of prior complaints such as 311 reports. Evidence the owner already knew about the hazard is often the most important piece.
Does Cyclist at Law charge a fee to review a trail injury case?
No. Bill Shirer offers a free, no-obligation consultation and handles bicycle injury cases on contingency, so there is no attorney fee unless he wins. Call 972-392-1249 to talk through your crash.
Talk to a Texas Cycling Lawyer About Your Trail Injury
The Recreational Use Statute is one of the toughest laws a Texas cyclist can face, and the property owner will raise it early. Before you assume you have no case, or let a notice deadline pass, get an answer from someone who knows this statute and knows trails. Call me at 972-392-1249 or schedule a free consultation online. I represent injured riders in Dallas, the DFW area, and throughout Texas, and if I don't win, you don't pay.
