Guide · Updated
After a motorcycle or bicycle crash
The first steps are the same as after any crash: get safe, get care, and keep a record. Riders also have a few things to think about: the helmet and gear, how fault gets argued, and whether the road itself played a part.
Right away
Step 1: The first steps are the same
Call 911 if anyone is hurt, get medical care, take photos and get witness names. What to do after a car accident walks through these steps.
- Keep your helmet, gear and bike as they areDon’t throw away, repair or sell the helmet, jacket, gloves or the motorcycle or bicycle until you’ve decided whether to make a claim. Take photos of all of it.
- Photograph the roadPotholes, gravel, debris, missing signs, the edge of the lane and any bike lane markings, from where you were riding.
- Save any footageCopy video from a helmet or handlebar camera, and data from a bike computer or app, before it’s overwritten.
Good to know
Step 2: Riders have rights on the road
In Texas, for example, a person riding a bicycle has the same rights and duties as a driver. The exceptions are where the law says otherwise, or where a rule can’t apply to a bicycle1. A cyclist going slower than traffic must ride as near as practicable (as near as they reasonably can) to the right edge. That doesn’t apply when passing, turning left, avoiding a hazard, or in a lane too narrow to share safely1.
Other states have their own bicycle and motorcycle traffic rules. Many start from the same idea: in Florida and New York, for example, a person riding a bicycle has the same rights and duties as a driver, apart from special rules for bicycles23.
Good to know
Step 3: Helmets
- Motorcycle helmetsHelmets made for motorcyclists must carry a “DOT” certification label under a federal safety standard4.
- Bicycle helmetsBicycle helmets covered by the federal standard must carry a label saying they comply with the U.S. Consumer Product Safety Commission standard5.
Helmet laws differ by state. In Texas, motorcycle riders and passengers must wear a helmet that meets state standards6. There is an exception for some adult riders who completed a safety course or have qualifying health insurance6.
Whether not wearing a helmet can lower what you recover depends on your state’s law.
Good to know
Step 4: Expect fault to be argued
Drivers often say they didn’t see a rider, or that the rider was going too fast. Most states compare everyone’s share of fault. In Texas, for example, you can’t recover (get money) if you are found more than 50% at fault7. Otherwise, what you get is cut by your share7. Photos, witnesses and footage matter more because of this. Your state’s page shows its fault rule.
Within weeks
Step 5: If the road itself caused the crash
Riders can be thrown by potholes, gravel or road work. When the road belongs to a city, county or state, special rules apply. In Texas, the government’s duty for most property conditions is limited.
Notice deadlines can be short
In Texas, a government body must be given written notice of a claim within six months of the crash9. A city’s charter can set its own period9. Find your state’s deadlines.
Good to know
Step 6: Whose insurance may pay
If a driver hit you, their liability insurance is usually the first place to look. That is the part of a policy that pays for harm the driver causes. If they had no insurance or too little, your own policy may help. In Texas, auto policies include uninsured and underinsured motorist coverage unless it was rejected in writing10.
Whether a car policy covers you while riding a bicycle, or what a motorcycle policy includes, depends on the policy wording.
Your state’s rules: these state guides each have a section on crash claims and insurance, with the law cited: Arizona, Florida, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wyoming.
This week
Step 7: Your deadline to file
Every state sets a deadline to file an injury lawsuit. In Texas, for example, most injury suits must be brought within two years11. Find your state’s deadline.
When you’re ready
Step 8: If you want a lawyer
You don’t have to hire one. If you talk to firms, it can help to ask how often they handle motorcycle or bicycle crashes. See how to choose a personal injury lawyer and what a personal injury lawyer does.
When you’re ready
Find an injury lawyer, on your terms
Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Find a lawyer near youSources
Where the legal facts on this page come from
- Tex. Transp. Code §§ 551.101, 551.103 (operation of bicycles)“§ 551.101. (a) A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless: (1) a provision of this chapter alters a right or duty; or (2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle. § 551.103. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: (1) the person is passing another vehicle moving in the same direction; (2) the person is preparing to turn left at an intersection or onto a private road or driveway; (3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or (4) the person is operating a bicycle in an outside lane that is: (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor vehicle to safely travel side by side.”Read the source: Tex. Transp. Code §§ 551.101, 551.103 (operation of bicycles)
- Fla. Stat. § 316.2065 (bicycle regulations)“(1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application.”Read the source: Fla. Stat. § 316.2065 (bicycle regulations)
- N.Y. Vehicle & Traffic Law § 1231 (traffic laws apply to persons riding bicycles)“Every person riding a bicycle or skating or gliding on in-line skates upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this article and except as to those provisions of this title which by their nature can have no application.”Read the source: N.Y. Vehicle & Traffic Law § 1231 (traffic laws apply to persons riding bicycles)
- 49 C.F.R. § 571.218 (Federal Motor Vehicle Safety Standard No. 218, motorcycle helmets)“S3. Application. This standard applies to all helmets designed for use by motorcyclists and other motor vehicle users. … S5.6.2 Certification. Each helmet shall be labeled permanently and legibly with a label, constituting the manufacturer's certification that the helmet conforms to the applicable Federal motor vehicle safety standards … (a) Content, format, and appearance. … (1) The symbol “DOT,” horizontally centered on the label …”Read the source: 49 C.F.R. § 571.218 (Federal Motor Vehicle Safety Standard No. 218, motorcycle helmets)
- 16 C.F.R. § 1203.34 (bicycle helmets: product certification and labeling)“(b) Contents of certification label. The certification labels required by this section shall contain the following: (1) The statement “Complies with U.S. CPSC Safety Standard for Bicycle Helmets for Persons Age 5 and Older” or “Complies with U.S. CPSC Safety Standard for Bicycle Helmets for Persons Age 1 and Older (Extended Head Coverage)”, as appropriate …”Read the source: 16 C.F.R. § 1203.34 (bicycle helmets: product certification and labeling)
- Tex. Transp. Code § 661.003 (motorcycle protective headgear)“(a) A person commits an offense if the person: (1) operates or rides as a passenger on a motorcycle on a public street or highway; and (2) is not wearing protective headgear that meets safety standards adopted by the department. … (c) It is an exception to the application of Subsection (a) or (b) that at the time the offense was committed, the person required to wear protective headgear was at least 21 years old and had successfully completed a motorcycle operator training and safety course under Chapter 662 or was covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of a collision while operating or riding on a motorcycle.”Read the source: Tex. Transp. Code § 661.003 (motorcycle protective headgear)
- Tex. Civ. Prac. & Rem. Code ch. 33“§ 33.001: In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. § 33.012(a): If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility. § 33.012(b): If the claimant has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by the sum of the dollar amounts of all settlements. § 33.012(c): Notwithstanding Subsection (b), if the claimant in a health care liability claim filed under Chapter 74 has settled with one or more persons, the court shall further reduce the amount of damages to be recovered by the claimant with respect to a cause of action by an amount equal to one of the following, as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or (2) a percentage equal to each settling person's percentage of responsibility as found by the trier of fact.”Read the source: Tex. Civ. Prac. & Rem. Code ch. 33
- Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.022 (Texas Tort Claims Act: liability; premise and special defects)“§ 101.021. A governmental unit in the state is liable for: … (2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law. § 101.022. (a) Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises. (b) The limitation of duty in this section does not apply to the duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices as is required by Section 101.060.”Read the source: Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.022 (Texas Tort Claims Act: liability; premise and special defects)
- Tex. Civ. Prac. & Rem. Code § 101.101“(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident. (b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved. (c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged.”Read the source: Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Ins. Code § 1952.101 (uninsured or underinsured motorist coverage)“(a) In this section, “uninsured or underinsured motorist coverage” means the provisions of an automobile liability insurance policy that … protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury … (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”Read the source: Tex. Ins. Code § 1952.101 (uninsured or underinsured motorist coverage)
- Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
This is general information, not legal advice.