Can You Sue Someone for Hitting You on a Bike?

A car door swinging open, a driver making a right turn without spotting you, or someone texting behind the wheel—this is all it takes for a bike rider to become the victim of a serious accident. As you come to terms with what has happened, two priorities should become clear: Getting healthy and justice.

If you’ve been hit while cycling, you’re probably dealing with pain, medical bills, a damaged bike, and maybe even time off work. Overcoming these challenges will require money, and you may take legal action against the at-fault driver (or other liable parties) to secure that compensation.

Whether you ultimately sue or can secure a fair insurance settlement, let a bicycle accident lawyer handle your case from now through its conclusion. Recovery is a full-time job; your lawyer will afford you several benefits that only a lawyer can.

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Key Takeaways

• Cyclists have the same legal rights as other vehicle operators and can pursue compensation when hit due to another party’s negligence.
• Depending on the circumstances, multiple parties may be liable for your damages, including drivers, trucking companies, municipalities, or product manufacturers.
• Common causes of bike accidents include distracted driving, failure to yield, dooring, and aggressive driving—all of which can form the basis for a successful lawsuit.
• Your damages can be substantial, covering medical expenses, lost income, bike replacement, pain and suffering, future care needs, and other economic and non-economic losses.
• Insurance companies often minimize payouts despite their insured being at fault, making legal representation crucial.
• Time limits apply to bike accident cases, with statutes of limitations varying by state and typically ranging from one to three years.
• Bike accident victims should consult with an experienced personal injury lawyer as soon as possible to protect their rights and fight to maximize their compensation.

What Kinds of Injuries Do Bike Riders Suffer When Someone Hits Them?

Unlike drivers protected by airbags, crumple zones, and steel frames, you’ve got your helmet, maybe some padding, and your athletic ability (which can sometimes help mitigate injuries), but that’s about it. The medical consequences of a bike accident can be life-changing, as some of the most common injuries among bicyclists are:

• Traumatic brain injuries (TBIs): These can occur even when cyclists wear helmets. A TBI (such as a concussion) causes brain trauma that may affect cognitive function, personality, and overall quality of life. These injuries often produce delayed symptoms, which is an important reason to get checked out as soon as possible after the crash.
• Spinal cord injuries (SCIs): SCIs can result in partial or complete paralysis, which can be a devastating, multi-million-dollar injury.
• Orthopedic injuries: These are extremely common among bike accident survivors and include broken bones, joint injuries, and extensive soft tissue damage.
• Internal injuries: Unseen, internal injuries can be the most life-threatening. Bleeding and other internal ailments may result from blunt force trauma in high-speed accidents or when cyclists are run over by vehicles.
• Psychological trauma: Though we don’t always think of psychological and emotional trauma as “injuries,” they warrant urgent treatment just as internal bleeding or a spinal cord injury would. Accident-related post-traumatic stress disorder, anxiety, depression, and panic attacks can make daily life a struggle and can even threaten one’s life in severe cases.

Road rash and other soft-tissue injuries can also cause severe pain and require costly, uncomfortable medical treatment. Your attorney will work closely with your medical providers to document your injuries and present financial demands that reflect the cost of care (and the cost of injuries themselves).

Your Attorney Is Going to Determine Who Caused the Collision

Most seasoned cyclists have experienced close calls, and some even endure minor accidents. These distressing events allow riders to see firsthand what kinds of driver behavior and other hazards put them at risk.

The most obvious hazard to bicyclists is drivers, who might cause a crash by:

• Opening car doors without looking for approaching cyclists.
• Make right turns directly across a cyclist’s travel path.
• Turn left directly in front of oncoming cyclists.
• Pass cyclists without leaving adequate space between their vehicle and the bicycle.
• Fail to yield to cyclists at intersections, pedestrian crossings, or when merging into designated bicycle lanes.
• Engage in phone use, eating, or other secondary tasks that significantly reduce their awareness of cyclists sharing the roadway.
• Deliberately intimidate cyclists through excessive horn use, shouting, or intentionally threatening driving maneuvers.
• Driving faster than posted limits.

Bicycle accidents can also happen, in part, because of dangerous driving and riding conditions. These conditions may be preventable, and therefore municipalities, private property owners, or other parties might be liable for:

• Deteriorated road surfaces
• Insufficient light
• Dangerously (and possibly illegally) parked vehicles
• Hazardous work zones
• Flawed intersection design

These are life-threatening types of negligence, and ones that cannot happen without justice being served.

Every cyclist reading this has probably experienced at least one of these hazards. Now that one of these, or other, hazards has left you seriously injured, let a lawyer hold at-fault parties accountable.

Your Bicycle Accident Attorney Will Also Keep Insurance Companies Far From You

Here’s something every cyclist needs to understand: insurance companies are businesses. While most believe (understandably) that an insurance company’s primary responsibility is to pay claims fairly, insurance companies instead tend to fight claims with all the resources and tactics available to them.

Your lawyer is going to insulate you and your claim from common bad-faith strategies, which include:

• Lowball, but tempting, settlement offers: Insurance companies routinely offer settlements within days or weeks of an accident, often while cyclists are still hospitalized or unaware of the full extent of their injuries. These offers are typically far less than the claim’s actual value and come with releases preventing future claims for additional damages.
• Requests for recorded statements: Adjusters may contact you soon after the accident, seeking statements that might be used against you later. These statements are rarely helpful to cyclists, but can be immensely helpful to insurance companies seeking to misrepresent words and minimize payouts.
• Over-scrutinizing medical records and histories: Insurers may look for any indication of pre-existing injuries that may absolve the insurer from full liability for your accident-related ailments.
• Surreptitious surveillance: Insurance companies now routinely hire investigators to watch claimants or monitor social accounts for evidence contradicting injury claims. Creepy? Perhaps. But it’s a reality you need to be prepared for.
• Expert witness showdowns: Insurers may have multiple experts ready to fight your claim. Your lawyer will likely have expert witnesses of their own.
• Coverage disputes: One or more insurers may claim you’re not covered by their policy, or are only entitled to a fraction of the compensation you seek.

Remember, that friendly adjuster who calls you after the accident works for the insurance company, not for you. Their job is to protect their company’s bottom line, not ensure you’re fairly compensated. Let your bike accident attorney handle all interactions with insurance companies, including financial negotiations.

How the Right Lawyer Changes Everything

Many cyclists are self-reliant go-getters. It’s just a common characteristic of this demographic. You fix your flats, navigate traffic on your own, and handle challenges as they come.

However, bicycle accident cases involve complex legal and insurance issues that even the most capable person shouldn’t tackle alone. Hire an attorney to fight for you, as they will:

• Mobilize their investigation team to photograph scenes, interview witnesses, and preserve key evidence.
• Work with your medical providers to document your injuries (and symptoms) thoroughly, coordinate specialist referrals, and ensure you’re receiving proper treatment. Lawyers also help navigate medical billing issues and negotiate with providers when necessary to protect the client’s interests.
• Counter bad-faith insurance tactics, parse complex policy language and coverages, and handle all adjuster communications. Attorneys protect clients from making harmful statements or agreeing to unfavorable settlements.
• Leveraging relationships with accident reconstruction specialists, medical professionals, economists, cycling professionals, and other experts who can enhance your case through expert testimony and analysis.
• Your attorney will know how to value bicycle accident cases appropriately, negotiate effectively, and remain steadfast in the face of pushback from insurance companies. It is the caliber of person you want negotiating on your behalf.
• Attorneys also understand how to present cases effectively to judges and juries, even if the judge and jury have limited cycling experience.

Think of it this way: you wouldn’t try to perform surgery on yourself, even if you had access to medical textbooks. Legal representation works the same way. The stakes are too high, and the process is too complex to go alone.

Some Questions You Might Have After Your Bicycle Crash

We have covered a lot in this article, but there are a few more questions that bicycle accident attorneys often field from injured riders:

Can I still sue if I wasn’t wearing a helmet at the time of the accident?

Yes, not wearing a helmet typically doesn’t bar you from suing someone. Most states don’t require adult cyclists to wear helmets.

However, if you suffered a head injury, the defendant may argue that helmet use could have reduced or prevented those injuries. The impact on a case varies by state law and specific circumstances. However, cyclists can still recover substantial compensation for their injuries even when they were not wearing a helmet at the time of the crash.

What if the driver who hit me doesn’t have insurance or has minimal coverage?

Uninsured and underinsured motorists endanger bike riders and others in every state in the country, more so in some states than others. This is why so many people have uninsured and underinsured (UM/UIM) insurance coverage, which can be helpful if it applies to your accident.

Many cyclists don’t realize their auto insurance can cover bicycle accidents even when they aren’t driving a vehicle. You might also be wise to sue the at-fault driver, who is likely personally liable if they caused the crash.

How long will my bicycle accident case take to resolve?

The duration of your bike accident case is uncertain. These cases vary significantly based on injury severity, how insurers approach the claim, and whether a trial becomes necessary.

Though it might be irresponsible to give you timeframes, know that your lawyer will fight to resolve your case efficiently while pursuing maximum compensation.

What should I do if my insurer or the other driver’s insurance company contacts me?

These are the scenarios in which a lawyer becomes especially valuable. Refer all insurance representatives to your attorney. You may also contact your lawyer to discuss the proper course of action. These measures will ensure no insurer violates your rights in any way.

Hiring a Bike Accident Attorney Should Be Your Very Next Step—It’s a Priority That Cannot Wait

The most important thing you can do is find your attorney quickly. While you’re focused on healing and getting your life back on track, insurance companies and defense attorneys are already working to minimize their exposure and undercut your claim.

You deserve compensation that reflects the full impact this accident has had on your life. The road to full compensation may take time, but proper guidance leads to the financial security you need to rebuild and move forward after a life-changing accident. Hire your bicycle accident lawyer as soon as possible.

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