Most people who call me after a bicycle crash start the conversation with an apology. They apologize for riding on that street, for wearing dark clothes, for not having a bell, for being on a bike at all. Then they tell me what happened, and nine times out of ten the story is simple: a driver opened a door, cut across the bike lane to make a right turn, or passed so close that the mirror clipped a handlebar. The rider did nothing wrong. They have just absorbed the idea that anyone on two wheels in traffic is partly to blame for whatever happens to them.

That idea is wrong, and it is expensive. Cyclists are not second class road users. In California, Washington, and Texas, a person riding a bicycle on the road generally has the same rights as the driver of a car, along with most of the same duties. When a driver breaks the rules and hurts a cyclist, the claim works the way any negligence claim works. The difference is that the insurance company will try very hard to make it about the bike instead of the driver.

Here is what actually decides these cases.

Dooring is almost always the driver's fault

A rider is moving along the edge of traffic, a parked car door swings open, and there is nowhere to go. Dooring crashes are common in cities and they are brutal, because the rider hits a steel edge at full speed and then often falls into the traffic lane.

California law says plainly that no one may open a vehicle door on the side of moving traffic unless it is reasonably safe to do so and it can be done without interfering with traffic. Most states have a rule like it. That puts the duty on the person opening the door, not on the rider passing by. Adjusters sometimes argue that the cyclist should have ridden farther from the parked cars. Sometimes that argument goes nowhere, because the bike lane itself was painted inside the door zone and the rider was exactly where the city told them to be.

One detail people miss: the person who opened the door may be a passenger, not the driver. If you were hit by a rideshare passenger or a delivery driver stepping out, more than one insurance policy may be in play, and it matters which one you notify first.

The right hook and the left cross

The two classic intersection crashes for cyclists have names. In a right hook, a driver passes the rider and then turns right directly across the bike's path, sometimes without signaling, sometimes after signaling only once the rider is already alongside. In a left cross, an oncoming driver turns left in front of the rider, much like the motorcycle crashes I see every week.

Both crashes come down to the same driver duties: keep a proper lookout, signal, and yield before turning across another lane of travel. A bike lane is a lane. Drivers turning right are generally expected to merge into the bike lane or the curb area safely before the turn, not slice across it at the last second. When a driver says the bike came out of nowhere, the honest translation is usually that the driver never checked the mirror.

The close pass

Some of the worst injuries come from drivers who never turned at all. They simply passed too close. California requires drivers to give at least three feet when passing a bicycle, and since 2023 it requires drivers to move over into another lane when one is available. Washington requires drivers to pass at a safe distance and has tightened its rules in recent years. Texas has no statewide passing distance law, but every Texas driver still owes everyone else on the road ordinary care, and passing so close that you strike a cyclist is a hard thing to call careful.

Close pass cases are often hit and run cases too. The driver keeps going, maybe without even realizing the mirror made contact. If that happens to you, the coverage section below matters a great deal.

What the insurer will say about you

Expect a short list of arguments, and expect them early.

The first is that you were not visible. Lights and reflectors help, and the law in most states requires a front light and rear reflector at night. But a missing light at noon has nothing to do with anything, and a driver who looked at a lit, reflective rider and turned anyway does not get a pass because the rider could have worn brighter colors.

The second is that you were riding where you should not have been. Cyclists are generally allowed to take the full lane when the lane is too narrow to share safely, when avoiding hazards, or when preparing for a turn. Riding outside the bike lane is not automatically wrong.

The third is helmets. California requires helmets only for riders under 18. Washington has no statewide adult helmet law, though some cities have their own rules. Texas has no statewide bicycle helmet law. Even where a rider skipped the helmet, it only matters if the defense can prove the helmet would have reduced the specific injury. A shattered wrist, a fractured hip, or a torn knee has nothing to do with what was on the rider's head.

The fourth is the one that works best on juries if nobody pushes back: cyclists are reckless. The response is the same as in motorcycle cases. Replace the stereotype with facts.

Fault can be shared, and you can still recover

Even if a rider made a mistake, that does not end the case. California and Washington use pure comparative fault, which means your recovery is reduced by your share of fault but not eliminated. Texas uses modified comparative fault, and a person found more than 50 percent responsible recovers nothing. That is why Texas cases often turn on fault percentages, and why early evidence matters so much there.

Evidence disappears fast

Bicycle crashes rarely leave the dramatic debris field of a car wreck, so the physical evidence is subtle and easy to lose. Here is what I want preserved right away:

The bike itself, untouched. Do not repair it or throw it out. Bent forks, a cracked frame, and the position of scuff marks can show the angle and point of impact.

Your helmet, if you wore one, and your clothing. A cracked helmet is powerful proof of how hard you hit.

Any ride data. Many cyclists use apps or bike computers that record speed, route, and the exact moment the bike stopped. Some riders run front and rear cameras. That footage can end an argument before it starts.

Video from the area. Businesses, buses, and doorbell cameras usually overwrite footage within days or weeks.

Witness names and phone numbers. A neutral bystander who saw the car turn right across you is worth more than anything you can say yourself.

Photos of your injuries over time. Road rash, bruising, and swelling look much worse in week one than they do by the time an adjuster reviews the file.

Your own car insurance may cover you on a bike

This surprises almost everyone. If you own a car and carry uninsured or underinsured motorist coverage, that coverage often protects you as a cyclist too, even though you were not in your car. Medical payments coverage on your auto policy may also apply. That can be the difference between a real recovery and nothing at all in a hit and run, or when the driver carries only minimum limits.

Policy language varies, so read the actual policy, and give your own insurer prompt notice. Late notice is one of the easiest ways to lose coverage you already paid for.

Injuries from bike crashes are often worse than they look

Cyclists have no crumple zone. Common injuries include collarbone and wrist fractures from bracing a fall, shoulder injuries, facial and dental trauma, hip fractures, and concussions, even in riders who wore helmets. A helmet reduces the risk of skull fracture. It does not stop the brain from moving inside the skull. If you have headaches, trouble concentrating, light sensitivity, or mood changes after a crash, tell your doctor and make sure it is written down.

Get evaluated promptly and follow through with treatment. Gaps in care get used against injured people constantly, even when the gap was caused by work, childcare, or a lack of insurance.

Deadlines

Claims have filing deadlines. In California and Texas the general deadline for a personal injury lawsuit is two years, and in Washington it is generally three. Claims against cities and counties can carry much shorter notice deadlines, which matters if a pothole, a broken grate, or a badly designed bike lane played a role. Do not wait to find out which rules apply to you.

The bottom line

A bicycle injury case is a traffic case. The same rules that protect drivers protect riders, and the same duties that bind drivers do not disappear just because the person they hit was pedaling. The work is getting the evidence before it vanishes, finding every policy that might pay, and refusing to let the conversation drift from what the driver did to what people assume about cyclists.

If you were hurt on a bike, stop apologizing. Start documenting.

Emery Ledger
Attorney at Law