Can You Sue Someone for Hitting You on a Bike?

If a negligent driver hit and injured you while you were riding your bike, you’re not just physically hurt and in pain. You’re probably emotionally rattled, financially strapped, and unsure of what to do next. 

Medical bills and lost wages or income are overwhelming in their own way. But so is the uncertainty of not knowing whether the driver can be held accountable or if you’ll be stuck paying for someone else’s carelessness. It’s a heavy burden to carry, and unfortunately, one that weighs heavily on far too many injured cyclists in the United States each year. 

An experienced bicycle accident lawyer can help you. Taking legal action usually starts with filing a strong personal injury claim against the negligent driver’s insurance company. However, if the insurer refuses to offer you a fair settlement, your lawyer can file a lawsuit on your behalf and take your case to court.

Your Legal Rights After a Bicycle Accident

As a cyclist, you have the same right to use the road as any motorist. That means drivers must share the road and operate their vehicles safely around you. When they don’t, they can be held liable for any injuries they cause.

If a driver was careless or reckless and caused your accident, you can bring a personal injury claim against them. However, the at-fault party’s insurance company will likely try to contact you soon after the accident to offer you the compensation they think you deserve, not what your damages and losses are really worth. 

It’s always in your best interest to contact an experienced personal injury lawyer after someone else’s negligent actions have injured you. You don’t have to know everything about personal injury law to start a claim, but you do need the right legal support. A qualified attorney can handle all aspects of your case, from the investigation to negotiation to the courtroom, to obtain the maximum compensation for you.

What Are the Most Common Causes of Bicycle Accidents?

Bicycle accidents are rarely just “accidents.” In most cases, they happen because a driver didn’t follow the rules of the road. When motorists make careless choices behind the wheel, cyclists are often the ones who suffer the most.

Here are some of the most common ways drivers cause bike accidents in the U.S.:

Drivers turning without checking for bikes

At intersections or while making right-hand turns, many drivers fail to check their blind spots. Cyclists are often struck simply because a driver didn’t look before turning.

Merging into or swerving across bike lanes

Some drivers illegally use bike lanes to pass slower traffic or to park. Others may drift into them while distracted. Either way, a cyclist in that lane is at risk of a serious crash.

Distracted or impaired driving

Even a quick glance at a phone or a moment of intoxication can lead to a devastating collision. Cyclists are especially vulnerable because they are harder to see and have no protective barriers to lessen the force of an impact.

Speeding and aggressive driving

Excessive speed reduces a driver’s reaction time and increases the severity of impact. Aggressive behavior like tailgating or weaving through traffic puts cyclists directly in harm’s way.

No matter how it happened, if a driver struck you because they were not acting responsibly, you have the right to hold them accountable.

The Injuries Cyclists Suffer Are Often Catastrophic

When a motor vehicle hits a cyclist, the injuries are rarely minor. Unlike drivers, bicyclists don’t have seat belts, airbags, or steel frames to protect them. Even when wearing a helmet, the force of impact from a car or truck can be life-altering.

Common injuries from bike accidents

Cyclists who survive a collision may suffer:

• Traumatic brain injuries (TBIs), including concussions and more severe forms of brain trauma that can cause lasting cognitive impairment, emotional instability, or even permanent changes in personality and memory
• Broken bones, which may include compound fractures, multiple simultaneous breaks, or injuries that require surgical intervention and hardware such as plates, rods, or screws
• Spinal cord injuries or paralysis, potentially resulting in full or partial loss of motor function, loss of bladder or bowel control, or long-term reliance on mobility aids such as wheelchairs or walkers
• Internal bleeding or organ damage, including injuries to the lungs, liver, or spleen that may require emergency surgery and extended hospital stays
• Deep cuts and road rash, which may expose underlying tissues and lead to infections, nerve damage, and extended healing periods
• Facial scarring, which can result in disfigurement, require plastic surgery, and causes long-term psychological distress or reduced self-esteem
• Permanent disability or loss of mobility, impacting not only your physical independence but also your ability to work, care for loved ones, and participate in daily activities you once enjoyed.

These injuries often require emergency care, surgeries, physical therapy, and long-term treatment. In serious cases, you may never fully recover the life you had before the accident. That’s why it’s so important to seek full compensation, with help from a lawyer who truly understands what’s at stake.

Who’s Liable in a Bicycle Accident?

In most cases, the driver who hit you is legally responsible for your injuries. However, proving that liability requires evidence, investigation, and legal strategy.

Proving negligence in a bike accident case

To win a personal injury lawsuit, your legal team will need to prove that:

• The driver owed you a duty of care (to drive safely and obey traffic laws)
• They breached that duty (by being reckless, distracted, or careless)
• Their breach caused your accident
• You suffered damages as a result

These elements might seem straightforward, but they’re often contested. Drivers may deny fault or blame you for the accident. Insurance companies may try to minimize your injuries or claim you were partly responsible. Having a lawyer ensures that your voice is heard and backed by solid evidence.

Insurance Companies Don’t Play Fair

After a bike accident, the at-fault driver’s insurance company may contact you. They might sound helpful, but their goal is to limit your payout, not make you whole.

Never speak to the insurance company without a lawyer

Insurers often:

• Pressure you to give a recorded statement
• Put some blame on you for the accident, or assert that it was all your fault
• Twist your words to deny your claim
• Offer a quick, lowball settlement that fails to compensate you fairly
• Delay your claim so you’ll settle out of frustration

Insurance adjusters know that bike accident victims often face overwhelming stress, pain, and medical bills. They hope you’ll take their first offer without asking questions. A fast check from the insurance company might seem like a relief. But signing away your rights too soon can leave you financially devastated in the long run.

Don’t fall for it.

Once you accept a settlement, you can’t ask for more money, even if your injuries worsen or you discover additional expenses. That’s why it’s critical to have a lawyer calculate the real value of your claim before making any decisions.

You have a lot at stake and deserve to be compensated fairly. Don’t try to handle the insurance companies on your own. Let your attorney protect your rights from the start.

How a Lawyer Helps After a Bicycle Accident

Getting hit by a car while riding your bike changes everything in an instant. You might be overwhelmed by pain, medical appointments, and uncertainty about your next steps. A bicycle accident lawyer steps in to take over the heavy lifting so that you can focus on healing.

After a serious crash, a personal injury attorney can:

• Investigate the accident to gather and preserve critical evidence
• Communicate with insurance companies so you don’t have to
• Document your damages with accurate and thorough evidence
• Consult experts, such as medical professionals or accident reconstruction specialists
• Negotiate a settlement that reflects the true cost of your injuries
• Prepare your case for trial if the insurance company won’t offer a fair amount

You don’t need to go up against a driver, their insurer, and a team of defense lawyers alone. Having a legal advocate in your corner ensures that your rights—and your future—are protected.

Calculating Damages in a Bike Accident Claim

Every accident is unique. The value of your claim depends on many factors, including the type and extent of your injuries, how long your recovery takes, and how your life is affected. A lawyer helps you determine the full scope of your losses, which is often much more than just your medical bills.

Damages you may be entitled to include:

• Emergency room and hospital bills
• Ongoing medical care (surgery, physical therapy, medication)
• Future treatment costs
• Lost wages or income
• Diminished earning capacity
• Cost of modifying your home or lifestyle due to a disability
• Property damage, including your bicycle and personal belongings
• Pain and suffering, both physical and emotional
• Loss of enjoyment of life if you can no longer ride, work, or participate in activities you once loved

Some injuries—like chronic pain or PTSD—don’t show up on an X-ray. But they still impact your life in significant ways. Your attorney will help ensure those hidden costs are not overlooked.

• Wrongful death damages

If you’re suffering from the devastating loss of a loved one killed in a bike accident, a skilled bike accident lawyer can help you file damages for lost financial support, emotional pain and suffering, loss of companionship, funeral and burial expenses, and more. 

What Happens If the Driver Blames You?

It’s common for drivers—or their insurance companies—to try to shift blame onto the cyclist. But even if you were partially at fault, you may still be able to recover compensation, depending on your state’s comparative fault rules.

States typically follow one of three models when it comes to assigning fault and awarding compensation:

• Pure comparative negligence allows you to recover damages even if you were mostly at fault. However, your compensation is reduced in proportion to your share of blame. For example, if you were 80% responsible, you could still recover 20% of your damages. New York is one of the states that follows this model.
• Modified comparative negligence permits recovery only if your share of fault is below a certain threshold—usually 50% (New Jersey, for example) or 51% (Pennsylvania). If you’re equally or more at fault than the other party, you may be barred from recovering damages altogether.
• Contributory negligence is the strictest model. In states that follow this rule, you may be completely barred from receiving any compensation if you are found to be even 1% at fault for the accident. Only a few states and the District of Columbia follow this model.

A knowledgeable lawyer can evaluate how the laws in your state apply to your situation and help ensure that any fault assigned to you is fair and accurate.

Taking Your Case to Court

Most personal injury claims settle out of court, but some do proceed to trial. If the insurance company won’t agree to a fair settlement, your lawyer may advise you to file a lawsuit and prepare for litigation.

Your lawyer will:

• File a complaint in civil court
• Exchange evidence with the opposing party during discovery
• Participate in mediation or settlement conferences
• Represent you at trial if necessary

Lawsuits take time, but they can result in a much higher payout, especially when serious injuries or long-term disabilities are involved. A prepared legal team gives you the best chance at justice.

Bicycle Accident Statistics in the Tri-State Area

The U.S. recorded 1,084 bicyclist deaths in crashes with motor vehicles recently — the highest annual number ever reported and a 13% increase from the previous year. This troubling upward trend has continued for years. Bicycle accident fatalities have risen about 43% since 2010.

For every person killed on a bike, several more are seriously injured. An estimated 41,615 bicyclists were injured in traffic crashes in one recent year, according to the National Highway Traffic Safety Administration (NHTSA). Fatality and injury rates for cyclists are on the rise in just about every part of the U.S., but especially in urban areas, making cycling riskier now than at any point in recent decades.

FAQs About Bicycle Accident Claims

What If You Were Hit and the Driver Fled?

Hit-and-run bike crashes happen far too often, especially in busy cities. If the driver who hit you left the scene, you still have legal options. You may be able to file a claim through your own auto insurance policy if you carry uninsured motorist (UM) coverage. If not, your attorney can explore alternative compensation options, including state victim compensation funds.

How long do I have to file a claim?

Each state has a different statute of limitations—a legal deadline for filing a lawsuit. Most states allow two or three years, but some states (Tennessee and Kentucky) allow just one year, while a few others allow four or more years. Never wait to pursue a claim, as each state has its own rules and exceptions that may affect your case. 

How much does a bicycle accident lawyer cost?

Most personal injury lawyers handle bicycle accident cases on a contingency fee basis. That means you pay nothing upfront, and they only get paid if they win compensation for you.

Call Now for a Free Case Evaluation

If you’ve been injured while riding, a dedicated bicycle accident lawyer can help you pursue maximum compensation, protect your rights, and deal with insurance companies on your behalf. 

For over 50 years, the Rothenberg Law Firm LLP has been standing up for injury victims nationwide, treating every case like we’re fighting for someone in our own family. We’re committed to securing the compensation you deserve and holding negligent drivers accountable.

Our legal team has recovered billions of dollars for clients just like you. We work with top investigators, medical professionals, and courtroom experts to build strong, trial-ready cases. We believe in your right to fair compensation, and we’re here to fight for it every step of the way.

Call (800) 624-8888 or fill out our contact form to schedule your free, no-obligation consultation with a bicycle accident lawyer at the Rothenberg Law Firm LLP today. Let us help you move forward with hope and confidence. 

Call for Legal Help 1-800-624-8888