Cyclists have little protection in a crash with a car, and injuries can be serious. Afterwards, insurers may try to blame the cyclist.
This guide explains how bicycle accident claims usually work and what you can do now.
What usually causes a bicycle accident?
Most car-versus-bike crashes happen when drivers fail to see or yield to cyclists.
- Dooring. A parked driver opens a door into the bike lane.
- Right hooks. A driver turns right across a cyclist going straight.
- Unsafe passing. Drivers pass too closely; many states set a minimum passing distance.
- Left turns. Drivers turn left in front of an oncoming cyclist.
- Distracted driving. Phones and other distractions are a major risk to cyclists.
Who can be held liable for a bicycle accident?
The driver is usually responsible, but agencies and manufacturers may also be liable.
- The driver. Their liability insurer is usually the main source of compensation.
- A government agency. Poorly maintained roads or bike lanes may be relevant, with short notice deadlines.
- A bike or parts manufacturer. Defective frames, brakes or components can create product liability.
- Your own coverage. PIP, medical payments or UM coverage on your auto policy may apply.
How fault is shared depends on your state. Most states reduce compensation by your share of fault, while a few bar recovery if you were even slightly at fault. Read how comparative fault works or find your state below.
What damages may be recoverable after a bicycle accident?
Depending on the facts and your state's laws, a bicycle accident claim may include the following kinds of losses. No one can promise an amount — every case is different.
- Medical bills. Emergency care, hospital stays, doctor visits, therapy, medication and — in some cases — future treatment.
- Lost wages. Income you missed while recovering, and possibly reduced ability to earn in the future.
- Pain and suffering. Physical pain, emotional distress and the impact on your daily life. Some no-fault states limit this unless injuries meet a threshold.
- Property damage. Repair or replacement of your vehicle and personal property damaged in the crash.
- Out-of-pocket costs. Travel to appointments, help at home, rental cars and similar expenses.
Bicycle claims can include medical bills, lost income, pain and suffering and the cost to repair or replace your bike and gear.
What evidence should I collect after a bicycle accident?
The best evidence is gathered early — before memories fade and footage is deleted. If you can, collect or keep:
- Photos of the scene, the vehicle and your bike
- Your helmet and damaged gear — keep them
- The police report and driver information
- Witness names and phone numbers
- Helmet-cam, Strava or GPS data showing your route and speed
- Medical records
How long do I have to file a bicycle accident claim?
Bicycle claims follow your state's statute of limitations for injuries. If a city vehicle or road defect is involved, notice deadlines may be just months.
See the state-by-state deadline overview or choose your state on the state laws page.
When should I talk to a lawyer about a bicycle accident?
It's usually worth a free consultation if any of these apply to you:
- A car or truck hit you while cycling
- The driver claims you came out of nowhere
- You were doored or hit in a bike lane
- You have serious injuries
Many personal injury attorneys work on contingency, so a consultation usually costs nothing up front. Learn how contingency fees work.