If you hit a cyclist with your car, the legal consequences can range from traffic citations to serious criminal charges like reckless driving or vehicular assault—especially if the cyclist is injured or killed. Why is it important to know? Cycling is the 3rd most popular outdoor activity in the U.S., with bike commuting up 20% recently, according to recent statistics for bicycle accidents.
In 2023, statistics for bicycle accidents show that nearly fatal accidents among cyclists involved motor vehicles. While not all were the driver’s fault, the stats highlight the importance of knowing what happens if you hit a cyclist with your car — your responsibilities, legal risks, and what steps to take immediately.
Key Takeaways
- Stop immediately and never leave the accident scene.
- Call emergency services and exchange contact and insurance details.
- Auto insurance may cover the cyclist’s damages.
- Drivers must yield to cyclists when required by law.
- Hit-and-run crashes can lead to serious criminal charges.
- Cyclists can claim medical costs, lost income, and emotional damages.
- Fault may be shared under comparative negligence laws.
- Legal claims must be filed within the state’s statute of limitations.
- An attorney can help you protect your rights and maximize compensation.
What Should You Do If You Hit a Cyclist with Your Car?
A car accident usually has a more serious impact on the bicyclist than on the motorist. That is why an involved driver must act responsibly and legally. It would be in your best interest to take the following steps right after an incident:
- Stop the vehicle instantly: The moment you realize that you have hit someone with your car, you should stop it immediately. If you can, you should park the vehicle so that it does not obstruct traffic and potentially lead to more incidents, but never leave the accident scene.
- Calm down: The next thing you should do is take a deep breath and try to calm your nerves so that you can handle the situation rationally and without further implications.
- Attend to the victim: It is your direct obligation to check on the injured person. A serious bicycle collision with a car can inflict severe injuries on the rider, so you may not want to move them. Instead, you should notify the emergency services and ask for medical dispatch.
- Report the accident: Call the police and tell them about the accident. Police officers will assess the scene, document it, and file a police report. You will need the report later when dealing with insurance companies.
- Exchange contact details: You should share your contact and insurance information with the injured rider. Ask for the same details in return.
- Call your insurer: You should contact your insurance provider as soon as possible and tell them about the accident.
- Limit your interactions with the victim: Although it seems perfectly human to apologize for inflicting damages and serious traumas onto bicyclists, your words may be viewed as a direct admission of fault and may be used against you.
What Does a Cyclist Have to Do After a Car Accident?
As a bicyclist hurt in a car crash, you should do everything possible to ensure your safety, eliminate a chance of additional harm, and solidify your future compensation claim or personal injury lawsuit. Here’s what you may want to do after getting hit by a car:
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Move away from the street
Staying on the busy street may cause you additional harm, so you are advised to move away from the road. However, if your traumas are too serious, you should stay still and wait for help.
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Seek medical attention
Even if you feel fine and your traumas are nothing but a few scrapes and bruises, you should let a trained medic inspect you. Some injuries may have hidden symptoms or a delayed effect that only a professional can detect.
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Investigate the scene
You should collect as much physical evidence as possible. Take photos and videos of your injuries, property damage, road conditions, and even the weather. Talk to witnesses, if any. Record their statements and contact information. Report the accident to the police. Official records serve as palpable proof that can support your settlement claim in the future.
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Call an attorney
A qualified bicycle accident lawyer will assess your case and point out the best legal action to take to secure maximum compensation for the sustained losses and damages.
What Are the Legal Consequences of Hitting a Bicyclist with Your Car?
Bicycle accidents differ from one another on many levels. Depending on the underlying conditions of the collision, you can expect various legal consequences to take effect. Here’s the list of the most typical scenarios:
- Traffic tickets: Although in the majority of states, cyclists have the same rights and must follow the same rules as motor vehicle operators, the latter owe them a right-of-way. If you fail to yield to a rider, and that leads to an incident, a traffic citation may be issued. The same applies to running at red lights or ignoring a stop sign.
- Criminal offense: Vehicle operators found guilty of reckless driving or driving under the influence of alcohol or drugs may face serious criminal charges. The more serious the injuries, the more severe the penalties.
- Negligence charges: Distracted driving is among the primary causes of fatal accidents involving cyclists. Suppose you were checking your phone or interacting with passengers, which led to a momentary lapse of attention and resulted in an accident. In that case, you will be held responsible for the inflicted losses.
- Insurance increase: When a car hits a bike rider and the driver is found liable for the incident, the insurance premiums often tend to increase significantly.
- Wrongful death claims: In the most unfortunate of bicycle accidents, the injured victim may sustain fatal injuries. The surviving family members have the right to file a wrongful death lawsuit, which often results in substantial financial compensation.
Very often, local laws determine the scale of legal consequences the at-fault party will face. In either case, none of the above-mentioned scenarios is pleasant to deal with. Which only underlines the importance of driving attentively and responsibly.
What Happens If You Hit a Cyclist With Your Car and Flee From the Scene?
There is more than a single reason why a hit-and-run bicycle accident can inflict serious injuries on the victim, along with disastrous legal implications on the driver. First of all, fleeing the scene after causing an accident is illegal on moral, civil, and legal levels. Besides, more and more states are passing the Aaron Cohen Life Protection Act, named after a New York cyclist who tragically lost his life because of another person’s negligence. The sole aim of the act is to increase penalties that hit-and-run drivers face.
If you hit a bicyclist and run, you can expect to deal with the following serious consequences:
- Criminal charges: Since leaving the scene without providing even basic aid to the injured is a serious offense, one can face felony charges. The severity of those will depend on the severity of the damages inflicted.
- Stringent penalties: In some of the most serious bicycle accidents, the at-fault driver can be charged with massive fines, mandatory community work, driver’s license suspensions, and even jail time.
- Civil accountability: A driver will have to repay the injured cyclist for all the monetary and non-monetary losses, including but not limited to medical expenses, lost wages, property damage, and emotional suffering.
- Public record: Hit-and-run is a serious offense that will be added to one’s personal record. It may have a permanent effect on your employment options and other personal opportunities.
What Are the Main Types of Damages an Injured Bicyclist Can Seek Compensation for?
After sustaining a personal injury in a car accident, a bicycle rider is usually entitled to fair compensation for the suffered losses. The damages a cyclist can claim fall under three main categories:
- Economic damages: Most bicycle accidents lead to substantial financial expenses. Instead of dealing with those on their own, bicyclists can recover them in the form of monetary damages.
- Non-economic damages: Another side of any bike incident is a traumatizing experience that does not have visible signs and can’t be calculated in a monetary equivalent. However, a professional bicycle accident lawyer can help you obtain a full settlement of these intangible losses as well.
- Punitive damages: Although rare, punitive damages are applied to the most devastating of bicycle accidents. The main goal is to punish the extremely reckless driver and prevent such instances in the future.
Economic Damages
Monetary expenses can vary from case to case, but there are a few typical examples to keep in mind:
- Medical costs: Your medical expenses, whether it is a one-time emergency room visit or a complex surgery and lengthy rehabilitation, can be recovered after a cycling accident. A qualified bicycle accident attorney can help you assess past and future costs so that you can claim the maximum settlement.
- Loss of income: The fact that you were forced to miss work because of serious injuries sustained in a crash does not mean that you will lose the expected income. A liable party will have to cover your lost wages in full. Moreover, if the accident diminishes your earning potential, you can claim future lost income as well.
- Property damage: Often, bicycle accidents have a destructive impact on the vehicle and other cycling gear. You can inquire about a full reimbursement of undergone repairs or a complete replacement of your belongings.
Non-Economic Damages
Personal damages in the form of psychological or quality-of-life impact can’t be reflected in a precise medical bill or receipt. Yet, you can still recover the following types of intangible losses:
- Pain and personal suffering: Serious injuries come with loads of physical pain that no mathematical formula can assess.
- Mental distress: Psychological traumas cause accident victims insurmountable suffering projected through emotional anguish, PTSD, depression, and anxiety.
- Loss of consortium: Often, injured cyclists refuse to interact with their loved ones the way they used to before the accident. Spouses and family members can recover loss of affection or sexual activity in monetary equivalent.
- Loss of joy: The inability to enjoy their favorite hobbies and activities diminishes the victim’s overall quality of life. Thus, it is up for fair compensation.
Wrongful Death Compensation
A fatal incident does not mean that there is no one to recover the damages and losses a negligent driver has caused. Only certain family members, such as spouses, children, or parents, can file a wrongful death claim under state-specific wrongful death statutes. Usually, the claim covers all the monetary and non-monetary damages, including but not limited to the following:
- Funeral costs and related expenses
- Loss of income and financial support that the deceased provided
- Loss of companionship that a spouse, parent, or child provided
- Personal pain and suffering that the family members have to deal with
How Much Time Does a Cyclist Have to File a Legal Claim?
There is a legal timeframe that an injured party has to comply with to be able to recover the settlement they seek. Each jurisdiction has a state-approved deadline to file a personal injury claim. Usually, it varies from one year to four years. However, it is essential to consult local laws to figure out how much time you have at your disposal to proceed with the case. Keep in mind there may be different exceptions to the rule, so it is always a good idea to consult a dedicated legal representative on the matter.
How Can a Bicycle Accident Attorney Help Me?
Many car accident victims, including bike riders, feel overwhelmed when they think of introducing a legal expert into the case, primarily because of the financial strain they already face. However, law firms like Bicycle Accident Lawyers Group work on a no-win, no-fee basis, which implies no upfront fees until the case is positively resolved. On top of that, working with a skilled attorney comes with a set of undeniable advantages, such as the following:
Contact an Experienced Car Accident Attorney Today!
Summing up what happens if you hit a cyclist with your car, it is safe to conclude that compassion, morality, mutual respect, and readiness to accept legal responsibility for personal actions are key. However, whether you are a driver or a bicycle rider in a car accident, a well-versed legal advisor is your trustworthy partner to consult in your time of need.
A qualified bicycle accidents lawyer will help you assess the situation on all levels, understand your rights and obligations, and help you navigate local roads to prevent accidents in the future.
Contact our team today and book a free consultation that can turn the tables in your favor.
Any questions?
What Is the Penalty for Hitting a Cyclist?
Depending on the type of incident and its severity, the penalty will vary. For instance, dooring accidents may lead to traffic citations and fines, while hit-and-runs can result in criminal charges, license suspension, or even imprisonment. Besides, different jurisdictions may have local laws and regulations that can affect your legal responsibility.
Can You Get Compensation If Someone Hits You in a Car?
Generally speaking, it is possible to recover compensation for your damages in most bicycle accidents with motor vehicles. However, the amount of contribution to the collision plays a pivotal role in the case. Most states in the USA allow the victims to obtain a fair settlement even if they are partially at fault. Yet, some state laws deny the right to reimbursement even if you are found to be 1% to blame.
Can I Sue If I Got Hit by a Car Driver?
In the majority of cases, bicycle accidents are resolved without going to trial. However, if your claim is rejected, denied, or seems to be unfairly minimized, you can go to court and sue the negligent driver or their insurance company.
Who Will Cover My Medical Expenses After a Bicycle Collision with a Motor Vehicle?
Most economic damages, including but not limited to medical costs, are covered by the at-fault party’s insurance policy. If it is unavailable or insufficient, you can file a personal injury claim against the driver or any other involved party. There may be state-controlled regulations and exceptions, so it is always a good idea to speak to a trained legal representative first.
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.
