Bicycle Accident Law

Bicycle accidents can happen for various reasons. Collisions with cars are frequent and often result in serious injuries, sometimes due to a driver's inattention or failure to yield. Other common causes include falls from the bicycle, rider error, animals on the road, and poorly maintained roads. Determining whether another party is legally responsible often hinges on proving how the crash occurred.

Immediate Steps After a Bicycle Accident

Your safety is the most important thing. Seek medical attention immediately to identify injuries that might not be obvious. Contacting the police creates an official record of the crash, including statements from everyone involved. If possible, collect the driver's contact, vehicle, and insurance information, which can be essential if disputes about liability or damages arise later. If you're unable to gather this information yourself, ask someone at the scene to help. Documenting any injuries and following through with medical treatment helps demonstrate the severity of the harm.

Gathering Evidence at the Scene

Gathering evidence promptly after an accident strengthens a potential personal injury claim. Take photos of visible injuries, the accident scene (including traffic signals and road conditions), and the condition of the bicycle and any helmet. Witness statements are also valuable, since their accounts can be critical if there's disagreement about who was at fault.

Understanding the Legal Process

Seeking compensation often involves filing a claim with the responsible party's insurance company or pursuing a lawsuit. Each state has deadlines, known as statutes of limitations, for filing a personal injury lawsuit. Missing these deadlines can prevent a bicyclist from recovering damages for medical costs, lost income, or pain and suffering.

Fault in a Bicycle Accident

Negligence, a key concept in personal injury law, is usually defined as failing to use reasonable care. By proving that someone such as a driver was negligent and caused the crash, a bicyclist can hold them liable for any injuries.

What happens if the bicyclist was also at fault? States have different ways of handling this situation. In pure comparative negligence states, a bicyclist who is partly at fault can still recover damages, but the award is reduced by their percentage of fault. For example, if a cyclist is 20% at fault, their award would be reduced by 20%. In modified comparative negligence states, a bicyclist at or above a certain fault threshold may not recover anything. For instance, some states bar recovery if the cyclist is 50% or more at fault. In contributory negligence states, any degree of fault, even a small amount, can prevent any recovery. For example, even if a cyclist is only 1% at fault, they may not be able to recover damages.

Helmet Laws and Their Impact

Few states require adults to wear helmets at all times, although local governments might have their own rules. Not wearing a helmet usually doesn't prevent an injured bicyclist from filing a claim, but it can influence how insurance companies or courts view fault and the amount of damages. Insurers might argue that not wearing a helmet contributed to or worsened a head injury, which can defeat a claim or reduce the damages, depending on the state.

Road Conditions and Government Liability

Some bicycle accidents are caused by hazards like potholes, debris, or other road maintenance issues. Depending on the situation, the local government or agency responsible for upkeep could be liable. Claims against government entities often have special procedures, including shorter deadlines and specific filing requirements. Documenting the dangerous road condition soon after the crash supports a potential claim against a city, town, or other responsible party.

Last reviewed February 2025