Can Bicyclists File Personal Injury Claims Against Motorists?

May 14, 2025

Bicyclists Have Rights—Here’s What to Know If You’ve Been Injured by a Driver in Arizona

Cycling is an eco-friendly, healthy way to get around, but it comes with its own set of risks. Every year, thousands of cyclists are injured in accidents involving motor vehicles. In 2020, the National Highway Traffic Safety Administration (NHTSA) reported that nearly 1,000 cyclists were killed in crashes with motor vehicles, and tens of thousands more were injured. But if you're a cyclist involved in a collision with a motorist, can you file a personal injury claim? The answer is yes, but there are specific factors that come into play. 


In this blog, we’ll explore how and when cyclists can file personal injury claims against motorists, the legal process involved, and the steps you should take if you’ve been involved in a bike accident. 

Bicyclists Have Rights—Here’s What to Know If You’ve Been Injured by a Driver in Arizona

Cycling is an eco-friendly, healthy way to get around, but it comes with its own set of risks. Every year, thousands of cyclists are injured in accidents involving motor vehicles. In 2020, the National Highway Traffic Safety Administration (NHTSA) reported that nearly 1,000 cyclists were killed in crashes with motor vehicles, and tens of thousands more were injured. But if you're a cyclist involved in a collision with a motorist, can you file a personal injury claim? The answer is yes, but there are specific factors that come into play. 


In this blog, we’ll explore how and when cyclists can file personal injury claims against motorists, the legal process involved, and the steps you should take if you’ve been involved in a bike accident. 

What is a Personal Injury Claim?

A personal injury claim is a legal case that an injured person files against someone else whose actions were the direct cause of the injury. In the case of a bicyclist and a motorist, the motorist’s negligence may be the reason for the accident. A cyclist can file a personal injury claim to seek compensation for damages such as medical bills, lost wages, pain and suffering, and property damage (such as a damaged bike). 

When Can Bicyclists File a Personal Injury Claim?

Cyclists can file a personal injury claim against a motorist in various situations, provided that the motorist's actions directly led to the accident. Common scenarios include: 

Negligent Driving: If a motorist was driving negligently—such as speeding, running a red light, or failing to yield to a cyclist at an intersection—they can be held liable for the accident. According to the NHTSA, 50% of bicycle accidents occur at intersections, where motorists fail to follow proper traffic laws. 


Distracted Driving: With the rise of smartphones, distracted driving has become a major issue. If a motorist was texting, talking on the phone, or distracted in any other way and hit a cyclist, they could be responsible for the crash. The NHTSA reports that distraction-related crashes account for nearly 25% of all accidents, making it a common reason for personal injury claims. 


Failure to Share the Road: Cyclists are entitled to the same rights as motorists. If a driver fails to share the road, such as by cutting off a cyclist, making unsafe lane changes, or not giving enough space when passing, they may be liable for any resulting injuries. Many states have laws requiring motorists to give cyclists at least 3 feet of space when passing, and failure to do so can result in an accident and a personal injury claim. 


Drunk Driving: If the motorist was driving under the influence of alcohol or drugs, they can be held liable for the accident. DUI accidents are a serious issue, with NHTSA data showing that alcohol-impaired drivers were involved in nearly 30% of fatal crashes in 2019. A cyclist hit by a drunk driver may be entitled to compensation for their injuries. 


Road Conditions: In some cases, poor road conditions caused by the actions of a motorist or municipal negligence (such as potholes, debris, or poorly marked lanes) can contribute to an accident. If the road was made dangerous by actions of the motorist, a cyclist may have grounds for a personal injury claim. 

What Can a Cyclist Claim in a Personal Injury Lawsuit?

A cyclist who files a personal injury claim can seek compensation for a variety of damages, including: 


  • Medical Expenses: Cyclists involved in accidents often require emergency medical treatment, hospitalization, and rehabilitation. Medical bills can add up quickly, and the at-fault driver may be responsible for covering these costs. 
  • Lost Wages: If the injuries prevent the cyclist from working, they may be entitled to compensation for lost wages. For those with long-term injuries, this can include the inability to return to their job or the need to take a lower-paying position. 
  • Pain and Suffering: This type of compensation is awarded to account for the physical pain, emotional distress, and mental anguish caused by the accident. Pain and suffering are harder to quantify but can have a significant impact on the total settlement. 
  • Property Damage: In many cases, the cyclist’s bike may be damaged or destroyed in the accident. A personal injury claim can help cover the repair or replacement costs of the bike and other personal property. 
  • Long-Term Disability: If the cyclist suffers from permanent injuries, such as a disability or loss of limb, they may be entitled to future compensation to cover ongoing medical expenses and lost earning capacity. 

What Evidence is Needed for a Personal Injury Claim?

To successfully file a personal injury claim, it’s essential to gather strong evidence that proves the motorist's fault. Some of the most useful pieces of evidence include: 


Police Report

After an accident, it’s crucial to file a police report. The report will contain important details about the incident, including the driver’s information, witness accounts, and potential citations given to the driver. 

Witness Statements

Eyewitness testimony can be vital in confirming the sequence of events leading up to the accident. If you have witnesses who saw the crash, their statements could support your case. 


Medical Records

Keep detailed records of all medical treatments, doctor visits, and rehabilitation efforts. Medical records are critical in proving the extent of your injuries and how they impact your life. 


Photographs and Video

If possible, take photographs of the accident scene, the bike damage, and your injuries. Dashcam footage, surveillance footage, and photos from the scene can be invaluable in proving the motorist’s fault. 

Expert Testimony

In some cases, accident reconstruction experts may be needed to establish the details of the crash and demonstrate how the motorist’s actions contributed to the accident. 

How Do Bicyclists File a Personal Injury Claim?

To file a personal injury claim, cyclists should follow these steps: 


  • Seek Medical Attention: First and foremost, get medical treatment for any injuries you sustained. Even if your injuries seem minor at first, it’s essential to see a doctor for a thorough evaluation. 
  • Contact Law Enforcement: Report the accident to the police. A police report is crucial for your insurance claim and any legal action that may follow. 
  • Consult an Attorney: Personal injury law can be complex, and working with an experienced attorney can help ensure that your rights are protected. An attorney can assist you in navigating the claims process and negotiating a fair settlement. 
  • File a Claim with Insurance: If the driver’s insurance accepts responsibility, your attorney can help you file a claim for compensation. If the driver is uninsured or underinsured, you may need to file a claim with your own insurance company. 
  • File a Lawsuit: If you cannot reach a fair settlement through insurance or negotiations, you may need to take the motorist to court. An attorney will guide you through this process and advocate for your best interests. 

Bicyclists do have the right to file personal injury claims against motorists if they are involved in an accident due to the driver’s negligence. These claims can help cover medical expenses, lost wages, and other damages resulting from the crash. If you're a cyclist and have been injured in a crash with a motorist, it’s important to seek legal advice to understand your options and ensure that you get the compensation you deserve. 


If you’ve been involved in a bicycle accident and are unsure of your rights, contact us today to discuss your case. We can guide you through the personal injury claims process and help you get the compensation you need to recover. Share this blog with other cyclists to raise awareness about their rights and the importance of filing claims after an accident. Stay safe on the road! 

Know someone who bikes? Share this blog to help them understand their legal rights if they're ever hit by a car. Cyclists deserve protection and fair compensation too!