Bicycle Accident Claim Statute of Limitation

Most states of the USA abide by a precise time limit to file bicycle accident claims. It is called a Statute of Limitations. On average, bicycle crashes fall under the 1–3 year timeframe. However, in severe cases, especially those that involve wrongful death claims, the deadline shortens to two years.

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It is imperative to follow the state-governed deadlines because missing them will result in losing your right to a fair compensation recovery. The quicker you act, the easier it will be to preserve critical evidence and hold the at-fault parties accountable.

What Is the Statute of Limitations for a Bicycle Accident Claim?

The statute of limitations for a bicycle accident is a legal deadline that outlines how much time an injured party has to file a personal injury claim to recover rightful compensation. The timeframe is governed by the state-specific injury law and applies to cases caused by other parties’ negligence.

For instance, according to New York State law — N.Y. C.P.L.R. § 214 — a person in New York has three years from the date of the accident to file a personal injury claim. The state law of California (Cal. Civ. Proc. Code § 335.1) provides that a victim may be barred from any reimbursement if they fail to file a similar claim within two years from the day of the injury.

A bicycle accident claim deadline aims to protect both the claimant and the defendant. It ensures that all the records and reports are reliable and provided on time, so a potentially innocent person isn’t held liable for other people’s actions.

Just like any other law, separate statutes may contain exceptions, such as claims that involve minors, sole property damage, governmental entities, or wrongful death instances. Understanding these exceptions is critical since the deadlines may vary. So, contacting a reputable legal assistant is one of the safest ways to protect your rights and obtain the settlement you deserve.

Time Limits by Type of Bicycle Accident Claim

There are separate timeframes for filing different bicycle accident claim types. Most states have a two- to three-year deadline for personal injury and property damage instances. Wrongful death cases, hit-and-runs, and claims against governmental entities often require faster action and have stricter time limits.

On average, the small claims bicycle accident deadline corresponds with the state-approved statute of limitations. However, there may be various notice requirements or monetary limits in place that can affect the outcome of the case.

It is worth noting that sometimes a filing deadline for a bike accident can be impacted by a separate insurer. Some insurance companies have strict reporting requirements you will have to comply with to receive rightful compensation.

Personal Injury Claims

A personal injury bicycle accident statute of limitations can expand from one year to six years, depending on local regulations and the underlying circumstances of the accident. However, the average timeline, across most states, is from two to three years from the date of the injury.

For instance, in Massachusetts, the plaintiff has three years to file a claim, while in Arizona, California, Florida, or Pennsylvania, along with many other states, the timeframe is two years. The state of Maine allows the victim to pursue a rightful settlement within six years. At the same time, outliers like Louisiana can bar an injured party from recovering any compensation once one year from the day of the accident runs out.

One of the understated exceptions that some state laws have is the special limitations that apply to minors or incapacitated individuals. Their clocks start ticking not from the date of the injury, but from the day they reach adulthood or regain their capacity.

Property Damage Claims

Many property damage bicycle accident filing deadlines coincide with those designed for personal injury cases. Yet, there are exceptions. In some states, property damage claims are less time-limited. For instance, in Tennessee, the plaintiff is given three years from the date of the collision to file a property damage claim. At the same time, the local personal injury case has a one-year deadline. The same situation is in Illinois, where a personal injury claim is limited to two years, while property damage cases have a five-year timeframe.

There are many reasons why property damage claims have expanded deadlines. Such losses are purely economic in nature, the evidence backing the damages is more lasting, and there’s not much pain and suffering at stake.

Wrongful Death Claims

A typical wrongful death bicycle accident claim deadline is often slightly shorter than the rest. On average, it is two years from the day the victim passed. The states of New York, California, and Florida provide a two-year limit for the family members of the victim to recover compensation. Such a strict timeframe is dictated by the urgent expenses, such as medical and funeral costs. Besides, the loss of financial support, topped with the emotional suffering, inspires substantial payouts.

In cases where a public entity is the primary at-fault party, the timeline gets even shorter. All because state laws usually mandate the families to file a corresponding notice of claim, which has its own defined deadline.

Uninsured/Underinsured Motorist Claims

The Underinsured/Uninsured Motorist bicycle accident deadline is often governed by existing insurance policy terms. So, the timeline varies not only from state to state, but also from provider to provider. For instance, in Florida, the claimant has 14 days to seek medical treatment after the accident to recover compensatory damages. If the injured party fails to comply with the outlined deadline, they will be barred from recovering any reimbursement of the losses they suffered. It’s worth noting that not all states mandate UM/UIM coverage to be included in an auto insurance policy. Besides, the minimum coverage ranges differ across the country.

Hit-and-Run Claims

The hit-and-run bicycle accident claim deadline is slightly similar to that of a UM/UIM claim. Usually, the injured have days, if not hours, to report the accident. Thus, in California, the victim has only 24 hours to report the incident to the police in order to access their UM policy benefits. The claim with the insurer must be filed within 30 days of the collision.

Such strict notice requirements are the result of the scrutiny with which the insurers treat cases where the at-fault party remains unidentified. That is why, if the crash has led to severe losses, the victim or their legal representatives must act promptly to be able to obtain the settlement they deserve.

Government Claims

A government bicycle accident claim deadline, whether it involves personal injuries or property damage, has a shorter filing period. In New York, the plaintiff has 90 days to submit the Notice of Claim against the city or other municipal entity that failed to ensure safe riding conditions. In Michigan, the timeline is slightly expanded, and the claimants have around 120 days at their disposal. In California, the timeframe is 6 months from the day of the accident.

The notices that involve governmental entities must also include specific details of the incident, including, but not limited to, the time, place, and nature of the collision. Suppose you suspect that governmental negligence is the primary cause of the crash. In that case, it is best to consult a local attorney to uncover your options and comply with the existing regulations and restrictions.

Insurance Bad Faith Claims

In cases when an insurance company denies, delays, or underpays a claim, a bad-faith case can be initiated. The insurance bad faith bicycle accident deadline is also quite strict and rarely goes over two years. For instance, in California, the plaintiff has two years from the date of the insurer’s rejection or other wrongful act to file a corresponding compensatory complaint. The same filing period is in Texas.

If you’ve been injured in a cycling accident and suspect that the insurer acted in bad faith, which led to decreased or missing compensation, you must provide sufficient evidence that supports the claim. Detailed and orderly documentation of communication between you and the insurance company, along with reputable legal assistance, can help you successfully resolve the dispute.

Exceptions to Bicycle Accident Claim Time Limits

Although there is no universal limitation timeframe to abide by, there are a few common exceptions to the bicycle accident statute of limitations that are recognized by most states in the USA. The following tolling scenarios may extend or pause the statute of limitations:

Cases involving minors
Accidents involving mentally incapacitated individuals
Discovery-rule scenarios
Claims involving fraud or concealment

Bicycle accidents involving public entities usually have strict notice deadlines. However, under specific circumstances, the filing window may be extended (CA Govt Code § 911.6).

Minors and Incapacitated Persons

Most states have minor bicycle accident statute of limitations exceptions. Thus, if the cyclist injured in an accident is under the legal age (18 years), the deadline will be put on hold until the injured party reaches the age of majority. For example, in California, this tolling applies.

The same rule applies to bicycle riders who are mentally incapacitated or legally incompetent at the time of the collision. The timeframe of such cases will be tolled until they recover. Though in Florida, the toll period shouldn’t exceed seven years.

Discovery Rule

Some injuries may have a delayed effect. The discovery rule bicycle accident statute of limitations ensures that the deadline for filing a personal injury claim starts from the date when the trauma is discovered, rather than when the incident occurred. Such an approach allows people to recover fair compensation even when a health condition develops over time. However, the victims will have to prove that it is directly related to the crash. For example, Texas abides by the discovery rule that involves hidden or delayed harm.

Fraud or Concealment

In cases where the at-fault party knowingly conceals specific evidence or critical information, the deadline may be extended until the fraud is discovered and reported by the claimant. The fraud bicycle accident statute of limitations ensures that the injured riders aren’t held liable for potential delays caused by deception of the negligent party. Thus, the state of New York permits tolling if any fraudulent actions prevent the victim from filing the claim in a timely manner.

Do Bicycle Accident Claim Deadlines Vary Across the US?

Filing deadlines for bicycle accidents vary not only by the type of claim but also by location. Every state in America has an approved statute of limitations that governs the time a victim has to request rightful compensation for the sustained losses. For instance, a bicycle accident claim deadline in New York is generally three years, while the statute of limitations for bike accidents in Florida, California, Texas, and Illinois is only two years.

That isn’t the end of the deadline controversy. In fact, major cities in each state can enforce their own filing timeframes, failing to comply with which will lead to losing your right to a fair settlement. Primarily, the timeline deviations apply to governmental claims since there are specific notice deadlines to follow. In the sections below, we will discuss how local rules coexist with state-approved laws, so that you know exactly how much you have at your disposal to file a successful claim.

New York City

The New York City bicycle accident statute of limitations outlines that the clock for every type of claim ticks differently. The timeframe mostly depends on the type of harm sustained and who’s to blame. For instance:

Personal injury and property damage claims: Suppose you had your arm broken in an accident or your professional bike was destroyed in it. The local statute of limitations’ countdown starts on the day of the incident and runs out in three years (N.Y. C.P.L.R. § 214).

Wrongful death claims: Families of the victim fatally injured in a cycling incident have a shorter deadline to recover a fair settlement of their losses — only two years (N.Y. EPTL § 5-4.1).

Governmental claims: In case the accident is a direct outcome of poorly maintained lanes, debris, obstacles, and hazards, the injured party has only 90 days to submit the Notice of Claim against the local municipality (N.Y. Gen. Mun. Law § 50-e).

Los Angeles

The Los Angeles bicycle accident statute of limitations reflects California state laws. It means that what you are filing defines the deadline:

Personal injury and wrongful death claims: Surviving victims of bike accidents, as well as the family members of the deceased, have a two-year limit to claim a recovery of the sustained damages. However, in wrongful death cases, the countdown starts from the death of the injured party rather than the date of the crash (Cal. Civ. Proc. Code § 335.1).

Property damage claims: In cases where the vehicle or any other gear is damaged, the timeline in California expands to three years (Cal. Civ. Proc. Code § 338).

Governmental claims: The timeframe for filing accidents that involve a city vehicle or road conditions tightens dramatically. The plaintiff has only six months to submit an administrative request and have their losses reimbursed (Cal. Gov’t Code § 911.2).

Chicago

Biking accident deadlines to file after a crash differ depending on what you’re seeking. However, the sooner you initiate the process, the higher the chances that you will comply with the existing Chicago bicycle accident statute of limitations:

Personal injury and wrongful death claims: In either case, the injured party has two years to set the process in motion (740 Ill. Comp. Stat. 180/2). Such a strict deadline may be dictated by complex liability questions.

Property damage claims: When personal belongings are damaged in a collision, the claimant in Chicago has five years from the date of the incident to recover their losses in full (735 Ill. Comp. Stat. 5/13-205).

Governmental claims: Cases that involve municipal negligence in Chicago have quite an extended timeframe when compared to other cities. It is allowed to submit the corresponding notice within one year (745 Ill. Comp. Stat. 10/8-101).

Miami

Florida cyclists face some of the highest accident and fatality rates in the country. It means that Miami bicycle accident statutes of limitations aren’t just legal technicalities; they are a critical necessity. To make sure that your case is rightfully compensated, you will need to stick to the following timeframes:

Personal injury, property damage, and wrongful death claims: Whether you’ve been hurt in a biking incident in Miami, damaged your gear, or lost your loved one in a cycling crash, the state gives you two years to act, and the city follows the state law (Fla. Stat. § 95.11(5)(a)).

Governmental claims: If a cyclist suffers losses in an accident that happens because of city vehicles, poorly maintained streets, or public construction sites, the claimant has three years to notify the authorities and recover fair compensation (Fla. Stat. § 768.28(6)(a)).

Note: An injured party must seek medical treatment within 14 days of the accident to qualify for Personal Injury Protection coverage (Fla. Stat. § 627.736).

Houston

In Texas, acting promptly after an accident is a key to obtaining the reimbursement you deserve, and Houston isn’t an exception. Based on the type of the crash, an injured cyclist has to comply with the Houston bicycle accident statute of limitations:

Personal injury, property damage, and wrongful death claims: Both the injured riders and family representatives of the deceased have two years to submit the request and obtain a deserved settlement for non-material and material losses (Tex. Civ. Prac. & Rem. Code § 16.003).

Governmental claims: Municipal entities in Houston require a written notice of claim submitted with the corresponding agencies no later than six months after the accident. Otherwise, the victim will be barred from rightful compensation (Tex. Civ. Prac. & Rem. Code § 101.101).

Philadelphia

Cycling through the streets of Philadelphia comes with unique risks. That’s why the Philadelphia bicycle accident statute of limitations is such a strict timeline. If you miss it, you may lose your right to recover a settlement.

Personal injury, property damage, and wrongful death claims: Whether you had your bike smashed in an accident, suffered a severe concussion, or lost a loved one, the city grants you a two-year timeframe to act. Although it may seem like a long period, evidence and witness memory tend to fade. Prompt action is key (42 Pa. Cons. Stat. § 5524).

Governmental claims: Biking incidents that involve the city, municipal vehicles, potholes, or construction hazards have a pretty strict deadline — six months. Acting fast will not only preserve your right to compensation but also give you leverage when holding government agencies accountable (42 Pa. Cons. Stat. § 5522).

Phoenix

The Phoenix bicycle accident statute of limitations is like a legal clock that injured cyclists have to monitor to obtain rightful reimbursement of their losses. The better you understand the deadlines, the easier it will be to protect your rights after a crash.

Personal injury, property damage, and wrongful death claims: Bike riders and their families have two years from the date of the injury or the death of a loved one to recover a full settlement for the sustained losses. The exact timeline applies to cases that involve wrecked bicycles, damaged gear, and other costly belongings (Ariz. Rev. Stat. § 12-542).

Governmental claims: Any damages inflicted by a street defect, city vehicle, or public construction fall under the category of municipal liability. Cases like that often have a shorter timeframe, and in Phoenix, the deadline for such notices is 180 days (Ariz. Rev. Stat. § 12-821.01).

Common Causes of Bicycle Accidents

Most causes of bicycle accidents in the country have two primary denominators — negligence and road hazards. According to the recent report from the National Highway Traffic Safety Administration (NHTSA), failure to yield and distracted driving are the leading causes of bicyclist deaths in the USA. Dooring and speeding share the second place and result in the majority of severe crashes. Lastly, poor road maintenance is yet another preventable factor that contributes to hundreds of cyclist incidents in America.

Evidence Needed to Support a Bicycle Accident Claim

A strong case requires a fair share of palpable proof that confirms the other party’s fault and the sustained losses. Such evidence for a bicycle accident claim often relies on police reports, detailed photos of the scene and damages, witness statements, and medical treatment records. It is necessary to act fast when collecting available evidence, not only because it fades fast, but also because of potential legal deadlines in place. Thus, in New York, the accident report must be filed within 10 days of the injury (N.Y. Veh. & Traf. Law § 605).

Average Settlements in Bicycle Accident Cases

The average settlement for a bicycle accident can vary greatly from case to case. Such factors as injury severity, liability, state-approved caps, and insurance limits affect the amount of compensation the victim receives. The median range for a biking incident often falls between $25K and $500K, based on Jury Verdict Research data. However, wrongful death reimbursements frequently lead to multi-million dollar rewards. For instance, the family of a fatally injured Florida student, Abigail Dougherty, recovered $25M for the loss of their loved one.

Bicycle Accident Claim Guide

The cycling claims process is often overwhelming and complex, especially if you have little experience in the field. Bicycle Accident Lawyers Group has developed a practical and time-tested bicycle accident claim guide that will take you through every step without unnecessary stress:

Seek medical attention
Report the accident to the authorities
Gather available evidence
Consult a legal representative
File the claim with the insurer
Negotiate a settlement
File a lawsuit

Every state has its own statute of limitations for every type of claim. If you miss a state-approved deadline, you may lose your right to fair compensation. Our team will ensure that you comply with the existing timeframes and recover a settlement that covers your past and future losses in full!

Bicycle Accident Statistics

NHTSA shared recent bicycle accident statistics, which highlight the need for better awareness, improved infrastructure, and other proactive measures to be taken to protect the vulnerable road user category of cyclists. Over 1,100 riders lost their lives in traffic crashes in 2023, and that was a 4% increase compared to the previous year. Additionally, nearly 50K bicyclists were injured on the roads of the USA, which made up almost 2% of all traffic injuries nationwide. Considering that total traffic fatalities dropped by 3.6% over the same period, all the riders in the country must remain vigilant.

Time Limit to File a Bicycle Accident Claim