Who is at fault in a car-bicycle accident in the US?
Cyclists generally have the same rights and duties as drivers. Fault turns on who violated a traffic law or duty of care — a motorist who fails to yield, makes an unsafe pass, turns across a bike lane, or 'doors' a cyclist is usually negligent. Fault is apportioned under the state's comparative or contributory negligence rule.
Does my car insurance cover a bicycle accident?
Often yes. If you are hit by a vehicle while cycling, the driver's liability insurance is primary. If the driver is uninsured or underinsured, your own auto Uninsured/Underinsured Motorist (UM/UIM) coverage typically extends to you as a cyclist. In no-fault states, PIP may also cover your medical bills regardless of fault.
Does not wearing a helmet hurt my claim?
In many states, adult helmet use is not legally required, and evidence of non-use may be excluded or limited. Where it is admitted, it can reduce damages for head injuries under comparative fault, but only to the extent it worsened the injury. It does not affect non-head injury damages.
What is the '3-foot passing law'?
Many US states require motorists to leave at least three feet of space when passing a cyclist. Violating a safe-passing law is strong evidence of negligence in a bicycle accident claim and can establish the driver's fault where a sideswipe or clipping occurred.