Bicycle accident claims: your rights and who pays

Cyclists' rights as road users#

State traffic laws decide what a cyclist may and must do on the road. In Texas and Florida, for example, a person on a bicycle has the same rights and duties as a driver, plus some special rules. Other states' rules differ in the details, so it is worth knowing your state's version.

Florida's law is similar: a cyclist "has all of the rights and all of the duties applicable to the driver of any other vehicle," with exceptions for bicycle-specific rules. Those special rules can matter in a claim. Texas, for example, asks a cyclist who is slower than traffic to ride as near as practicable to the right edge, but allows exceptions for passing, turning left, avoiding hazards and lanes too narrow to share safely.

Rights cut both ways. A driver who ignores a cyclist's right-of-way can be at fault, and a cyclist who runs a red light can be too. Under comparative negligenceComparative negligence. A rule that splits blame between the people involved and cuts your recovery by your own share of fault. Glossary, a cyclist's own share of blame usually reduces the claim rather than ending it, though a few places use stricter rules. The fault-rule explainer shows how your state handles shared fault.

Common crash types and the rules behind them#

Most cyclist deaths happen in towns and cities: 81% in 2024, with 30% at intersections. A few crash types come up again and again in claims:

Dooring. In a dooringDooring. A crash in which someone opens a parked car's door into the path of a cyclist or other road user. State laws, such as those in Texas and Florida, forbid opening a door into traffic unless it is safe. Glossary crash, someone opens a parked car's door into a cyclist. Texas law says a person may not open a door on the side of moving traffic "unless the door may be opened in reasonable safety without interfering with the movement of other traffic." Florida's rule is similar. The person who opened the door may be a passenger rather than the driver, and whether the car's insurance covers that person can depend on the policy.

Passing too close. Florida requires a driver passing a bicycle in the same lane to leave not less than 3 feet, or wait behind until it is safe. A driver who breaks a safety law like this may be treated as negligent under the negligence per seNegligence per se. Breaking a safety law, such as a traffic or trucking rule, that was meant to prevent the kind of harm that happened. In many states it proves negligence or strongly points to it. Glossary rule in some states.

Whose insurance pays#

The driver's bodily injury liability insurance is the first place to look when the driver caused the crash. It pays up to the policy limits, reduced by any share of fault the cyclist bears. Beyond that, several other coverages may apply:

• Your own auto policy, if you have one. Check your policy: in some no-fault states, personal injury protection covers you as a cyclist. Florida's PIP, for example, covers people hit by a motor vehicle while not riding in a self-propelled vehicle, if the vehicle physically struck them.
• Medical payments coverage. MedPayMedical payments coverage (MedPay). Optional or required coverage on your own auto policy that pays medical bills after a crash, up to a set limit, whoever caused it. Unlike PIP, it usually does not pay lost income. Glossary on your auto policy may pay your medical bills, depending on its terms.
• Uninsured motorist coverage. If the driver fled or had no insurance, your uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary may pay. Our hit-and-run guide explains the steps.
• Health insurance. It usually pays for treatment and may ask to be repaid from a settlement.

If you do not own a car, ask whether someone in your household has a policy that may cover you; Florida's PIP law, for one, can cover relatives who live with the policyholder.

Helmets and fault#

Helmet laws for cyclists vary. Florida, for example, requires riders and passengers under 16 years old to wear a bicycle helmet.

Whether riding without a helmet affects a claim depends on state law. It rarely has anything to do with who caused the crash. Where it is raised at all, the argument is usually that a helmet would have reduced a head injury, so damages for that injury should be lower. Our motorcycle accidents guide explains how this helmet argument works.

E-bikes#

Electric bikes are now part of the national numbers: since 2022, NHTSA's crash data have counted people on motorized bicycles as cyclists. State laws decide how e-bikes are treated on the road. In Florida, an e-bike rider has the rights and duties of a bicycle rider and is not subject to the insurance (financial responsibility), license or registration laws. Local governments can still restrict e-bikes on some paths and sidewalks.

That has an insurance side. If an uninsured e-bike rider causes a crash, there may be no policy to claim against, and your own coverage may matter more.

Evidence after a bike crash#

Keep the bike, helmet and clothing as they are after the crash; their damage helps show the direction and force of the impact. Photograph the scene, including any bike lane, parked cars, signals and road surface.

Other useful evidence includes the police report number, witness names, video from nearby cameras and data from a bike computer or ride-tracking app, which may record your speed and route. Keep every medical record and bill. The claim process guide explains how the evidence is used, and our state guides list each state's filing deadline.