Bicycle Accident FAQ
Common questions answered by cycling accident experts. If you don't see yours below, get a free case evaluation.
1. What should I do immediately after a bicycle accident?
Call 911, get medical attention even if injuries seem minor, document the scene with photos, exchange information with the driver, collect witness contact information, and do not admit fault. Seek legal counsel before speaking with the at-fault driver's insurance company.
2. Do I need a lawyer for a bicycle accident claim?
You are not required to hire a lawyer, but having one significantly improves your outcome. Bicycle accident cases involve complex liability questions, insurance negotiations, and medical documentation. Attorneys who specialize in cycling accidents typically secure settlements far larger than what victims recover on their own — and most work on a contingency fee, meaning no payment unless you win.
3. How long do I have to file a bicycle accident lawsuit?
The statute of limitations varies by state, ranging from one year (Kentucky, Louisiana, Tennessee) to six years (Maine, North Dakota). Most states allow two or three years. However, claims against government entities often have notice requirements as short as 30-180 days. Always consult an attorney immediately — evidence deteriorates and deadlines cannot be extended.
4. What if the driver who hit me was uninsured?
You may still recover through your own auto insurance's uninsured motorist (UM) coverage, which typically applies even when you are on a bicycle. You may also pursue the driver personally for damages. An attorney can identify all available insurance sources and pursue the best recovery strategy for your situation.
5. Can I file a claim if I wasn't wearing a helmet?
In most states, yes. Unless your state has an all-ages helmet law (none currently do), not wearing a helmet typically does not bar your claim. Insurance companies may try to argue it increases your comparative fault, but experienced bicycle accident attorneys counter this argument effectively. Even in states with youth helmet requirements, victims can generally still recover — just potentially reduced damages.
6. What compensation can I recover after a bicycle accident?
Recoverable damages typically include: medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, emotional distress, bicycle and equipment damage, and out-of-pocket expenses. In cases of gross negligence, punitive damages may also be available. Settlement values range widely from a few thousand dollars for minor injuries to millions for catastrophic injuries or wrongful death.
7. The driver claims I caused the accident. What happens now?
This is common — drivers and their insurers often dispute fault. Your state's negligence system determines the outcome. In comparative negligence states (most states), you can still recover even if partially at fault — your damages are simply reduced by your percentage of fault. Only in the four contributory negligence states (Alabama, Maryland, North Carolina, Virginia, DC) does any fault bar recovery. Document everything and work with an attorney to counter fault allegations.
8. How much is my bicycle accident case worth?
Case value depends on injury severity, medical costs, lost income, degree of fault, available insurance coverage, and jurisdiction. Minor injuries might settle for $10,000–$50,000. Moderate injuries range from $50,000–$200,000. Serious or catastrophic injuries can reach $500,000 to several million dollars. Get a free case evaluation to understand the specific value of your claim.
9. The driver who hit me has minimal insurance. What are my options?
Several options exist: (1) Your own underinsured motorist (UIM) coverage may cover the gap. (2) If the driver was on the job, their employer may have additional coverage. (3) If a road defect contributed, the government entity may be liable. (4) If equipment failure caused the crash, the manufacturer may be liable. (5) You can sue the driver personally, though collecting judgment can be difficult. An attorney will identify every available source of recovery.
10. What is 'dooring' and who is at fault?
Dooring occurs when a driver or passenger opens a vehicle door into the path of an oncoming cyclist. The person opening the door is almost always at fault — virtually all states require occupants to check for approaching cyclists before opening doors. Both the door-opener and the vehicle driver may be liable. If you swerve to avoid the door and are hit by another vehicle, that driver may also be liable.
11. Can I still file a claim if the accident happened months ago?
Potentially yes, depending on your state's statute of limitations and how long ago the accident occurred. However, time is critical — evidence disappears, witnesses forget details, and insurance companies become harder to deal with. Contact an attorney immediately to determine whether you can still file and preserve whatever evidence remains.
12. What if I was hit by a car that ran a red light or stop sign?
Traffic violations by the driver are strong evidence of negligence — and in many states, constitute 'negligence per se,' meaning fault is presumed by law. You need the police report documenting the violation, witness statements, and if available, traffic camera or dashcam footage. These cases often have clear liability and tend to settle for higher amounts due to the egregious nature of the driver's conduct.
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