What Are the Penalties for Hitting a Cyclist with Your Car?

Riding a bicycle is more popular than ever as health and physical fitness have become a priority for more people. While riding a bicycle is great for your health, getting hit by a car is not. Unfortunately, with more people sharing the road on bicycles, bicycle accidents have also increased. 

While motorists have a duty to look out for bicyclists on the road, bicycle riders must also follow traffic laws. Understanding the penalties for hitting a cyclist with your car can help you understand the importance of avoiding a bicycle accident.

What Is a Bicycle Accident?

A bike accident is when someone riding a bicycle collides with another bicycle, motor vehicle, animal, or some other object. The person riding the bicycle becomes unseated and can fall to the ground with the bicycle. 

Vehicle Driver-Caused Accidents 

There are some common reasons why a vehicle driver may collide with a bicyclist. They typically involve the driver ignoring safe driving practices and violating the local or state driving laws. 

• Speeding 
• Distracted driving 
• Reckless driving 
• Failure to yield
• Open dooring 
• Failing to see the cyclist 

Bicycle Rider-Caused Accidents 

When a motor vehicle hits a bicyclist, it is not always the driver’s fault. “On the surface, most people’s first reaction any time a car hits a bicyclist is that it’s probably the car’s fault, right? That’s just an assumption because there are defenses for the driver,” says Andres E. Almanzán, a personal injury defense attorney at Mounce, Green, Myers, Safi, Paxson & Galatzan in El Paso, Texas.

Sometimes, the bicycle rider is the culprit of common collision causes. Traffic laws apply to bicycles when they share the road with cars. When they fail to follow these laws, they can cause an accident:

• Riding at night without lights
• Reckless riding 
• Failure to yield 
• Lack of awareness 
• Riding a bicycle while intoxicated

What To Do If a Car Hits a Cyclist 

You should follow the same procedure after a bicycle accident as you would any other vehicle accident. The first priority is ensuring everyone is okay and calling for emergency medical treatment if needed. This is significantly more likely to happen because a bicycle rider has less protection than individuals in a car. 

Motorists who have hit a bicycle rider should immediately stop and pull to the side of the road. Notify law enforcement and wait for an officer to arrive. The police officer will collect the involved individuals’ contact information, insurance information, and witness contact information and record the accident events. 

It is important to collect any evidence and make your own record of events. This could include taking pictures of the damage and accident scene. Take note of any traffic or security cameras that may have caught the accident. Afterward, you will file an insurance claim. You will need to submit the police report and any evidence you have that can support your claim. 

Almanzán explains what drivers should do after an accident involving a bicyclist. “The first and foremost inquiry after an accident is whether everybody is physically OK. Call an ambulance and call 911. I would advise the driver to try to take photographs of the scene, the parties, the bike, your car, and the intersection so that everybody can see the circumstances of how that accident happened. Those photographs will be evidence later.”

What Are the Liabilities for Hitting a Cyclist?

There are additional legal consequences to getting into a bicycle accident. Bicycles are required to follow the rules of the road when sharing the road, which means they can get a citation for not following the law. Post-accident, the law enforcement officer will determine if someone violated traffic law and issue the appropriate citation. Depending on the situation, the officer may even make an arrest, and the driver may face criminal charges. 

Common vehicle driver violations include running a stop sign, ignoring the right of way, failing to stop for a red light, or driving in the bike lane. Common bicycle rider violations include riding into or against oncoming traffic, failing to yield, or not riding in the designated bike lane. 

Who Pays for Bicycle Injuries?

How bicycle accident injuries and damages get paid for will depend on the state where the accident occurred. In no-fault states like Minnesota or Florida, each party submits an insurance claim to their own insurance company. Even the bicycle rider will file a claim with their car insurance company for their physical injuries and property damage. If the bicycle rider doesn’t have personal injury protection (PIP) because they don’t have car insurance, they can file a claim through the vehicle driver’s insurance policy. This can be done regardless of who was at fault for the accident. 

There may also be a situation where the vehicle driver doesn’t have car insurance. Bicycle riders could file a claim through their uninsured motorist coverage if they have it through their own car insurance policy. 

In fault states, the parties file their insurance claims, and then the insurance company’s adjusters determine who is at fault. The insurance company will then make a settlement offer based on the findings. If a settlement can’t be reached, the injured party can file a civil lawsuit to pursue recovery. 

If a personal injury lawsuit goes to trial, a judge or jury will determine the fault. Lawyers for each side will present evidence to support their arguments. Then, damages are decided, and fault is determined. 

Property Damage

In addition to physical injuries, the cyclist can make a claim for damages to their bicycle. While this may not be much if they are casual riders, damages can be much more. Riders dedicated to cycling can own bicycles that cost several thousand to tens of thousands of dollars. Then, there is the custom equipment modifications they may have made.

Wrongful Death

Sadly, bicyclists are at risk of death when they get by a motorist. Because they lack protection around them, their body takes the entirety of the impact. This commonly results in serious injuries or fatalities. If someone dies in a bicycle accident, their family can file a lawsuit on their behalf for wrongful death. If the victim dies later, they can include the medical bills incurred before the victim’s death. 

Comparative and Contributory Negligence States 

If you decide to file a lawsuit and go to trial with your bodily injury claim, you will need to know if you live in a contributory negligence or comparative negligence state. Some states follow a contributory negligence law. Plaintiffs are barred from recovering for their injuries if they are found even slightly liable for the accident. The defendant (insurance company) has a low bar to reach to avoid all liability for the accident. 

In comparative negligence states, a plaintiff may still be able to recover even if their actions contributed to the cause of the accident. Different states have different versions of comparative negligence. In pure comparative negligence states, a party could be 99 percent at fault for the accident and still recover compensation for the remaining 1 percent. In modified comparative negligence states, a party could be up to 50 percent or 51 percent liable for the accident and still recover. Once their fault for the accident hits these percentages, they can no longer recover. 

Almanzán explains how Texas uses comparative negligence when determining liability. “ If the jury finds the plaintiff 51 percent or more negligent, they get nothing. Essentially, if the plaintiff was more of the cause of the accident than the defendant, then the plaintiff gets nothing.”

Seeking Legal Assistance: Bicycle Accident Lawyers

Because the physical injuries can be greater in a bicycle accident, speaking with a lawyer can be helpful. You will want to speak with a personal injury lawyer who focuses their practice on representing individuals involved in bicycle accidents. 

The first step when hiring a lawyer is to sit down and have a consultation. You will speak with the attorney about your accident case. You can also have the lawyer about other personal injury claims they have handled. Someone who has routinely handled bicycle accidents will have more knowledge about how best to handle your case. The lawyer will explain your legal rights and their suggested plan for your case. You will need to decide if you agree with the plan. 

Importance of Local Experience 

When hiring a bicycle accident attorney, you may need to ask about their local experience. In 17 states, the local government has been allowed to make its own bicycle laws. The other states have uniformity in bicycle laws by only allowing laws to be made at the state level. States that allow for local laws can be more complex to pursue a personal injury claim, as these laws can impact liability. 

Find an Experienced Auto Accident Attorney

Experiencing a bicycle accident can be upsetting and potentially deadly. It’s so important for motorists and bicycle riders to follow traffic laws and stay alert for each other. Unfortunately, people make mistakes. We also can’t control others’ actions. This can lead to accidents. Speaking with an experienced attorney for a free case evaluation can help you understand your legal options post-accident. 

Visit the Super Lawyers directory to begin your search for an experienced bicycle accident attorney. For more information on these legal issues, see our overview on sharing the road safely.