The statute of limitations is two to three years in most states, but Kentucky, Louisiana, and Tennessee give you only one. Maine and North Dakota allow up to six. Every state sets its own timeline, and no federal law applies.
Some deadlines are even shorter than you’d expect. If a government entity vehicle or road defect caused your crash, you may have as little as 90 days to file a notice of claim. Fatal bicycle accident cases carry a separate 24-month limit. And in hit-and-run states, you may need to file a police report within 24 hours.
Miss your filing period and the court will dismiss the matter regardless of the evidence. Call a bicycle accident attorney at 888-521-6377 to protect your legal rights.
- How Long Do You Have to File a Bicycle Accident Lawsuit?
- When Does the Statute of Limitations Start for a Bicycle Accident?
- Bicycle Accident Filing Deadlines by State
- Bicycle Accident Statute of Limitations for All 50 States
- Wrongful Death, Hit-and-Run, and UM/UIM Filing Deadlines
- Exceptions That Pause or Extend the Statute of Limitations
- City-Specific Bicycle Accident Rules and Municipal Notice Deadlines
- Common Mistakes That Can Cost You Your Bicycle Accident Claim
- Talk to a Bicycle Accident Lawyer About Your Case
- Get a FREE case evaluation today
How Long Do You Have to File a Bicycle Accident Lawsuit?
- The statute of limitations for most bicycle accidents is two to three years.
- Shortest: one year in Kentucky, Louisiana, and Tennessee.
- Longest: six years in Maine and North Dakota.
- Municipal filings (potholes, city vehicles, road defects) can expire in 90 days.
- Hit-and-run police reports may be required within 24 hours.
- Insurance negotiations do not pause or extend any filing period.
- Florida reduced its deadline from four years to two years in 2023.
When Does the Statute of Limitations Start for a Bicycle Accident?
The clock starts on the date of the bicycle accident. Exceptions are fatal incidents (clock starts at death) and delayed-onset conditions (the discovery rule shifts the start date). Filing an insurance claim is not filing a lawsuit. The deadline applies to the court filing date. Insurance company negotiations do not pause it.
If your accident happened on January 15, 2025 in a two-year state, your court filing date is January 15, 2027. But most bicycle accident cases need three to six months of preparation, so you should have a bicycle accident lawyer by July 2026. Proving fault requires witness statements, surveillance footage, and physical evidence all degrade. Witnesses become harder to locate. Fading memories are one example covering the role time plays in these cases. Act right away.
Bicycle Accident Filing Deadlines by State
Bicycle accident filing deadlines vary by state, fault system, and the party responsible for the crash. Some states allow only one year to file, while claims against government entities may require notice within just a few months.
Contributory Negligence States That Bar Cyclist Recovery
In five jurisdictions (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.) even 1% of cyclist fault eliminates compensation entirely. If you ran a stop sign, rode without lights, or failed to signal, the defendant can bar your case. Learn more about how contributory and comparative negligence rules affect bicycle accident claims.
The “last clear chance” doctrine may still allow compensation if the driver had the final opportunity to avoid the collision. This is the most important legal argument for riders in contributory jurisdictions. No insurance company will tell you about it. Call the Bicycle Accident Lawyers Group if your accident happened in a contributory state.
States with a One-Year Statute of Limitations
Kentucky (KRS § 413.140), Louisiana (La. Civ. Code art. 3492), and Tennessee (TCA § 28-3-104) give injured riders only one year. If your accident occurred more than six months ago, your time to investigate and file is running out.
States That Recently Changed Their Filing Deadlines
- Florida. Reduced from four years to two years by HB 837 (March 2023). Many sources still list the old four-year period. HB 837 also changed Florida from pure comparative to a 51%-bar modified comparative system.
- Georgia. SB 68 (April 2025) changed how noneconomic damages are calculated. Bicycle accident claims filed after April 2025 follow different rules.
Government and Municipal Claim Deadlines for Bicycle Accidents
If a pothole, city vehicle, or poorly maintained bike lane caused your accident, the filing period is far shorter than the personal injury deadline. These situations overlap with premises liability and fall accidents involving road maintenance failures. Missing the notice permanently bars the action and recovery for losses.
| Jurisdiction | Required filing period |
| New York | 90 days (N.Y. Gen. Mun. Law § 50-e) |
| Michigan / Wisconsin | 120 days |
| Arizona / Oregon | 180 days |
| California / Pennsylvania / Texas | 6 months |
| Illinois / Georgia | 12 months |
| Florida | 3 years (Fla. Stat. § 768.28(6)(a)) |
Bicycle Accident Statute of Limitations for All 50 States
| State | PI period | Statute | Fault system |
| Alabama | 2 years | Ala. Code § 6-2-38 | Contributory |
| Alaska | 2 years | AS § 09.10.070 | Pure comp. |
| Arizona | 2 years | ARS § 12-542 | Pure comp. |
| Arkansas | 3 years | ACA § 16-56-105 | Mod. 50% |
| California | 2 years | CCP § 335.1 | Pure comp. |
| Colorado | 2 years | C.R.S. § 13-80-102 | Mod. 50% |
| Connecticut | 2 years | C.G.S. § 52-584 | Mod. 51% |
| Delaware | 2 years | Del. Code tit. 10, § 8119 | Mod. 51% |
| Florida | 2 years | Fla. Stat. § 95.11 | Mod. 51% |
| Georgia | 2 years | Ga. Code § 9-3-33 | Mod. 50% |
| Hawaii | 2 years | HRS § 657-7 | Mod. 51% |
| Idaho | 2 years | Idaho Code § 5-219 | Mod. 50% |
| Illinois | 2 years | 735 ILCS 5/13-202 | Mod. 50% |
| Indiana | 2 years | IC § 34-11-2-4 | Mod. 51% |
| Iowa | 2 years | Iowa Code § 614.1 | Mod. 51% |
| Kansas | 2 years | KSA § 60-513 | Mod. 50% |
| Kentucky | 1 year | KRS § 413.140 | Pure comp. |
| Louisiana | 1 year | La. Civ. Code art. 3492 | Pure comp. |
| Maine | 6 years | 14 M.R.S. § 752 | Mod. 50% |
| Maryland | 3 years | Md. Code Cts. & Jud. Proc. § 5-101 | Contributory |
| Massachusetts | 3 years | Mass. Gen. Laws ch. 260, § 2A | Mod. 51% |
| Michigan | 3 years | MCL § 600.5805 | Mod. 51% |
| Minnesota | 3 years | Minn. Stat. § 541.05 | Mod. 51% |
| Mississippi | 3 years | Miss. Code § 15-1-49 | Pure comp. |
| Missouri | 5 years | Mo. Rev. Stat. § 516.120 | Pure comp. |
| Montana | 3 years | Mont. Code § 27-2-204 | Mod. 51% |
| Nebraska | 4 years | Neb. Rev. Stat. § 25-207 | Mod. 50% |
| Nevada | 2 years | NRS § 11.190 | Mod. 51% |
| New Hampshire | 3 years | RSA § 508:4 | Mod. 51% |
| New Jersey | 2 years | NJ Rev. Stat. § 2A:14-2 | Mod. 51% |
| New Mexico | 3 years | N.M. Stat. § 37-1-8 | Pure comp. |
| New York | 3 years | CPLR § 214 | Pure comp. |
| North Carolina | 3 years | N.C. Gen. Stat. § 1-52 | Contributory |
| North Dakota | 6 years | NDCC § 28-01-16 | Mod. 50% |
| Ohio | 2 years | ORC § 2305.10 | Mod. 51% |
| Oklahoma | 2 years | 12 Okl. St. § 95 | Mod. 51% |
| Oregon | 2 years | ORS § 12.110 | Mod. 51% |
| Pennsylvania | 2 years | 42 Pa. C.S. § 5524 | Mod. 51% |
| Rhode Island | 3 years | R.I. Gen. Laws § 9-1-14 | Pure comp. |
| South Carolina | 3 years | S.C. Code § 15-3-530 | Mod. 50% |
| South Dakota | 3 years | SDCL § 15-2-14 | Mod. 51% |
| Tennessee | 1 year | TCA § 28-3-104 | Mod. 50% |
| Texas | 2 years | TCPRC § 16.003 | Mod. 51% |
| Utah | 4 years | Utah Code § 78B-2-307 | Mod. 50% |
| Vermont | 3 years | 12 V.S.A. § 512 | Mod. 51% |
| Virginia | 2 years | Va. Code § 8.01-243 | Contributory |
| Washington | 3 years | RCW § 4.16.080 | Pure comp. |
| Washington, D.C. | 3 years | D.C. Code § 12-301 | Contributory |
| West Virginia | 2 years | W. Va. Code § 55-2-12 | Mod. 50% |
| Wisconsin | 3 years | Wis. Stat. § 893.54 | Mod. 51% |
| Wyoming | 4 years | Wyo. Stat. § 1-3-105 | Mod. 51% |
Wrongful Death, Hit-and-Run, and UM/UIM Filing Deadlines
Property damage deadlines are often longer than personal injury deadlines (Tennessee: three years vs. one). Both claims can be pursued together, but the shorter personal injury deadline governs.
Wrongful Death Statute of Limitations for Bicycle Accidents
The estate’s personal representative typically has 24 months to bring a fatal bicycle crash action and may file on behalf of the family. New York, California, and Florida apply this 24-month limit. The clock starts on the date of death, not the collision.
UM/UIM Deadlines and PIP Requirements After a Bicycle Accident
UM/UIM deadlines depend on policy terms and may be shorter than the statute of limitations. If you were in a bicycle accident in Florida, you must seek medical treatment within 14 days to qualify for PIP (personal injury protection) coverage.
Hit-and-Run Bicycle Accident Deadlines and Police Report Rules
If you were hit by a driver who fled the scene in California, you have only 24 hours to file a police report or you lose access to UM benefits. You must also bring an insurance claim within 30 days and file your personal injury claim within the statutory period. After a hit-and-run, locate witnesses, photograph your injuries and bike damage, file a police report the same day, and contact a bicycle accident lawyer.
Exceptions That Pause or Extend the Statute of Limitations
Tolling exceptions may pause or toll deadlines:
- Minor child. The statute pauses until the child turns 18. A parent or guardian can act on the child’s behalf. Judges review settlements on a minor’s behalf to protect the child’s best interests.
- Physical incapacity. In cases of severe disability courts may grant extra time. In Florida, tolling is capped at seven years.
- Discovery rule. The clock starts when the injury is discovered or should have been discovered. Applies to traumatic brain injuries (TBI), spinal cord injuries, or internal bleeding.
- Fraud or concealment. If the responsible party actively hides evidence, the statute may pause until the truth is discovered.
- Military service (SCRA). The Servicemembers Civil Relief Act pauses statutes for active-duty members across all states.
- Equitable tolling. A judge may extend deadlines in personal injury cases under extraordinary circumstances, for example a cyclist in a coma or someone misled by their own attorneys.
Filing after the standard period requires clear evidence that a tolling exception applies. Without it, the court will bar the claim altogether.
City-Specific Bicycle Accident Rules and Municipal Notice Deadlines
City-level rules can destroy a bicycle accident case even when the state filing period has not expired.
| City | PI deadline | Municipal notice | Negligence | Biggest trap |
| NYC | 3 years | 90 days | Pure comp. | 30-day PIP application |
| Los Angeles | 2 years | 6 months | Pure comp. | 6-month gov claim (strict) |
| Chicago | 2 years | 12 months | Mod. 50% | Dooring liability ($1,000 fine) |
| Miami | 2 years | 3 years | Mod. 51% | 14-day PIP window |
| Houston | 2 years | 6 months | Mod. 51% | No safe-passing law |
| Philadelphia | 2 years | 6 months | Mod. 51% | SEPTA separate filing |
| Nashville | 1 year | 12 months | Mod. 50% | Shortest PI deadline in U.S. |
| Washington, D.C. | 3 years | 6 months | Contributory | 1% fault = zero recovery |
| Atlanta | 2 years | 12 months | Mod. 50% | Non-party fault apportionment |
| Seattle | 3 years | Varies | Pure comp. | Unknown municipal notice periods |
Washington, D.C. Bicycle Accident Laws: Contributory Negligence and Federal Claims
D.C. applies contributory negligence. 1% at fault = zero compensation. Running a stop sign, riding without lights, or failing to signal can bar your claim entirely.
The “last clear chance” doctrine is the key defense in D.C. bicycle accident cases: if the driver could have avoided the collision, courts may still allow recovery. No insurance company will tell you about this.
Federal employees driving government vehicles in D.C. fall under the FTCA, not D.C. law, a separate legal process. Accidents on federal property (the National Mall, Rock Creek Park) involve federal jurisdiction.
Florida Bicycle Accident PIP: The 14-Day Medical Treatment Rule
If you were in a bicycle accident in Florida, you must seek medical treatment within 14 days or lose PIP coverage. PIP covers only $10,000. Emergency Medical Condition finding required for full benefits. Many people with moderate injuries receive only $2,500. HB 837 (March 2023) changed Florida from pure comparative to a 51%-bar system. For detailed guidance, review our Florida bicycle laws page.
Common Mistakes That Can Cost You Your Bicycle Accident Claim
- Thinking insurance pauses the clock. Filing personal injury claims with an insurer does not stop the statute. An insurance company may drag out negotiations past the filing period. Victims who trust promises to “take care of everything” lose their personal injury claims entirely.
- Missing the government notice. Municipal claims may require notice within 90 days, even if your personal injury deadline is two or three years. Missing it bars the case.
- Waiting for treatment to end. Many victims wait until treatment is done before calling an attorney. By then, evidence has degraded and the deadline may have passed.
- Not knowing your state’s fault rules. In Alabama, Maryland, North Carolina, Virginia, and D.C., any cyclist fault bars compensation. Period. Understand how comparative negligence works in bicycle accident claims before you negotiate.
- Assuming all deadlines are the same. Personal injury, property damage, wrongful death, and government claims each have different periods. A victim who tracks the wrong one may miss the deadline that matters.
Talk to a Bicycle Accident Lawyer About Your Case
Your filing deadline controls whether you can recover compensation. Do not accept low settlement offers from an insurance company without understanding how the deadline affects your position. Every victim who delays risks losing the right to pursue justice and full recovery.
We handle bicycle accident cases on a contingency fee basis. You pay nothing unless we recover compensation for you. Call 888-521-6377 for a free, confidential consultation.
Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.
