What To Do if You're Injured While Riding a Bike

Although some states have adopted a number of laws that make the roads safer for bicyclists — such as stop-as-yield laws and protected bike lanes — crashes between bicyclists and motor vehicle drivers still happen. Cyclists are more likely to suffer serious injuries in accidents with vehicles.

A bike accident lawyer can protect your legal rights and help you get compensation. Contact a local bicycle accident lawyer for legal advice.

Bicycle and Car Accidents

The National Highway Traffic Safety Administration (NHTSA) reported more than 1,100 fatal bike-traffic crashes in 2023. In 2019, there were more than 3,800 motor vehicle accidents involving a cyclist who was seriously injured or killed in the New York City area, according to Marc S. Albert, a personal injury attorney in Astoria, New York.

“Big cities like NYC are difficult environments to ride in,” says Daniel Flanzig, a personal injury attorney at Flanzig & Flanzig in Mineola, New York. “You’re dealing with turning vehicles, opening car doors, and street defects — all at the same time. Just try to be vigilant, keep a lookout ahead, and expect the unexpected.

“Motorists often don’t look out for bicyclists — whether it’s opening a door, going through an intersection, or making a turn,” Flanzig continues, adding that drivers not seeing bikes in blind spots is another common culprit.

Establishing Fault in Car-Bicycle Accident Cases

We spoke with Kurt Holzer, a personal injury attorney at Hepworth Holzer in Boise, Idaho, about what a cyclist can expect after a crash.

“I work with crashes, not accidents,” says Holzer. “An accident is an incident where there is no responsibility, and I don’t know that I’ve ever seen an incident where there is no responsibility. Sometimes, that responsibility is on the cyclists. What I often see with cyclists is riding the wrong way on the roadway. They’re surprised when I say that’s not legal.”

Holzer says that the number one type of motor vehicle-cyclist crash he sees is left crosses. “Cyclists ride straight down the road into an intersection, and the vehicle coming the other direction makes a left turn. They’re often the worst injuries. You also get your right hooks, where somebody zips past a cyclist and turns right in front of them. Those are the two biggest, but I also see cars driving into the back of bicycles sometimes.”

The number one thing Holzer hears from drivers involved in a cyclist crash? “‘I just didn’t see the cyclist.’ For me, that’s nearly an admission of responsibility for causing the crash. Often, some members of law enforcement or the media take that as an excuse. It’s not an excuse — it’s an admission that you’re not doing your job as a driver, which is to pay attention to the environment in which you’re operating.”

Dooring Accidents With Cyclists and Vehicles

Doorings are the most common accident seen by Flanzig. “A very common injury with a dooring crash is either fractured hands or fingers, or a fractured shoulder or AC joint separation,” he says.

What Should I Do at the Scene of the Crash?

Get medical attention, report the accident to law enforcement, and get the driver’s contact information and insurance information.

Document What Happened and Make Sure Law Enforcement Is Present

Generally speaking, make sure law enforcement shows up. They will do some documentation and write a police report.

“You want the manner in which the accident happened to be documented by the police. It’s very important to tell your version of the events,” says Albert. “If only the operator of the vehicle’s side gets printed in the report, that’s a major negative, as the report is a very critical piece of evidence in all of these cases.”

Take pictures and document the scene of the accident. Get video from nearby cameras, if possible, or take photos or video of where the accident occurred, as well as of the vehicle involved. “If you take a photograph of where the vehicle that hit you came to rest, that can provide us with important evidence about how this accident happened and whether or not the vehicle was going too fast,” Albert says.

Don’t get rid of a smashed bike, either. “It could be a piece of evidence,” Albert says. “If you can’t keep it, your attorney can generally store the bicycle for you.”

Get Names and Numbers of Any Witnesses to the Crash

If anybody says, “Hey, I saw what happened,” get their name and number. And make sure you know who the other person involved in the crash was.

“If there are witnesses at the scene,” says Albert, “it’s important to get names and numbers. A lot of witnesses do not want to get involved with the police, but they may be willing to speak with an injured party and give them a name or telephone number. An independent witness can be critical.”

Be Careful What You Say at the Scene of the Crash

“The ordinary advice from any lawyer involved in collision cases is never admit that you did something wrong,” says Holzer. “I have a little different view, which is, if you are 100 percent certain that you screwed up, it’s OK to admit that you are wrong and recognize that you are not going to receive compensation.”

“I believe in people being human beings and acknowledging responsibility. But if there is any question whatsoever, don’t admit it. People often want to apologize just because something happened, and what happens then is that it gets recorded or used against you. Silence, as far as admission of responsibility, is the best thing.”

Seek Help From a Medical Professional

Get to a safe place and seek medical assistance if you need it. “I’m not one of these lawyers that’s going to say, ‘Go to the hospital in an ambulance even if you’re not really injured,'” says Albert. “But if you are injured, don’t be too proud to go to the hospital.”

Some injuries do not show up right away, including head and spinal injuries. Getting medical attention at the emergency room can help avoid further injury later on.

Comparative Fault for Riders and Drivers

Most states in the country use comparative negligence to determine who’s at fault for a crash, and how much they’re at fault.

Some insurance companies that deal with these issues want to say: The mere fact that you’re bicycling makes you comparatively at fault, which reduces your ability to recover the losses imposed on you by this driver who wasn’t paying attention. “Some insurance companies will try to contact you directly, and have you sign a release before you speak to an attorney,” Albert says. “But it doesn’t cost any money to reach out to an attorney for a free consultation.”

Bicycle accident attorneys also understand that bicycles can cost thousands of dollars, and many times, the insurance claim adjusters think of bikes that cost one or two hundred. Speaking confidently about carbon fiber or electric shifting can help the individual put that package of lost property together.

Flanzig notes that under New York’s no-fault insurance law, bike riders have the potential to receive up to $50,000, under the vehicle’s coverage, for all medical bills relative to the injuries suffered in the accident, as well as lost wages if they’re out of work due to the injuries — as long as they file within 30 days of the bike crash.

“I’ve had a number of cases where we were able to get a recovery well above the insurance coverage for that vehicle by naming the exiting passenger, who would have either homeowners’ or renters’ insurance that may cover them,” says Flanzig.

Is There Anything Specific a Bike Accident Lawyer Can Do for Me?

“If you’re a cyclist, you almost always need a personal injury lawyer who has a real understanding of the dynamics of bicycle crashes. The key is to make sure you are fairly treated in both the civil side — that is, recovering your damages — and the criminal side,” says Holzer.

“There can be cultural forces in the law enforcement community, and a windshield bias — that is, a bias toward car drivers,” he adds. “Members of the Bike Law Network, which I am part of, all talk with law enforcement folks, deal with the issues, deal with legislative stuff, and advocacy organizations.”

Most lawyers handle bike-accident cases on contingency, meaning they don’t earn a dime until you get a settlement offer or you win at trial. Often, they take one-third of the award. Albert estimates that more than 90 percent of cases involving bicycle accidents settle rather than go to trial. “That can take mere months after an accident, while others can take years.”

What About Legal Costs for Cycling Accident Injuries?

Lawyers cost money. The standard contingency fee is sometimes as low as 25 percent or as high as 40 percent of the compensation in a lawsuit verdict or settlement. There can be reasons within your particular case that happen.

In addition, there are the costs, which will vary depending on the scope of the injury. Medical treatment costs are one. If it’s a fight over responsibility — who had the red-light type of question — and you have to go to court, the expenses are going to go up and up over time.

Find Legal Help

A bike accident lawyer can help you get compensation for your serious injuries. You can recover damages for your medical bills, lost income, and pain and suffering. If you’re involved in a crash, reach out to an experienced personal injury attorney who represents cyclists struck by drivers.