Your Rights as a Bicyclist After Being Hit by a Car

Cycling is a beloved form of transportation and recreation in the Tacoma area, from the waterfront to the city’s bike lanes. But a bicyclist’s greatest vulnerability is their exposure. With no steel frame, airbags, or seatbelts to protect them, a collision with a motor vehicle can result in catastrophic, life-altering injuries.

If you have been injured while riding your bike, it is crucial to understand that in the eyes of Washington State law, you are not just a hobbyist—you are the operator of a legal vehicle with a clear set of rights and responsibilities. Too often, a driver (and their insurance company) will try to unfairly blame the cyclist for the accident.

Knowing your rights as a bicyclist is the first and most powerful step toward holding a negligent driver accountable and securing the full compensation you need to recover from your injuries.

Useful Information for You: In a Nutshell

• Bicycles Have the Same Rights as Vehicles: In Washington, a bicycle is considered a vehicle, and a cyclist has all the rights and responsibilities of a vehicle driver.
• Drivers Have a Duty of Care: Motorists have a legal duty to be aware of cyclists and to share the road safely. This includes providing a safe passing distance.
• The At-Fault Driver’s Insurance Pays: The driver’s auto liability insurance is responsible for your medical bills, lost wages, bike repairs/replacement, and pain and suffering.
• Your Own PIP Can Cover You: In many cases, your own auto insurance policy’s Personal Injury Protection (PIP) can cover your initial medical bills, even though you were on your bike.
• Comparative Fault Applies: Like any accident, if a bicyclist is found to have violated a traffic law, their compensation may be reduced by their percentage of fault.

The Legal Status of a Bicyclist in Washington State

This is the most important concept. Washington State law (RCW 46.61.755) states that every person riding a bicycle on a roadway has all the rights and is subject to all the duties applicable to the driver of a vehicle.

This means you have the right to:

• Ride on the roadway.
• Use a full lane of traffic when it is not safe for a car to pass you in the lane.
• Be treated as an equal vehicle operator by all other drivers.

A Driver’s Duty to a Bicyclist

Because of a cyclist’s vulnerability, drivers have a heightened duty to operate their vehicles with extreme care around them.

The Safe Passing Law (RCW 46.61.110):

Washington law requires a driver passing a bicyclist to pass at a safe distance. While the law doesn’t specify a “three-foot” rule like some states, it requires a distance that is “safe and prudent.” A driver who sideswipes a cyclist while trying to squeeze past them in a narrow lane has almost certainly violated this duty.

Right-of-Way at Intersections:

A common cause of serious bicycle accidents is a car making a left or right turn directly into the path of a cyclist who is proceeding straight. In these scenarios, the turning driver is almost always at fault for failing to yield the right-of-way.

Can a Bicyclist Be at Fault? (Comparative Fault)

Yes. Because bicyclists have the same duties as drivers, they are expected to follow the rules of the road. If a cyclist’s actions contribute to the crash, Washington’s pure comparative fault rule will apply, and their compensation will be reduced by their percentage of fault.

Common examples of bicyclist negligence include:

• Riding against the flow of traffic.
• Failing to use a headlight at night.
• Suddenly swerving out into a lane without looking.
• Disobeying a stop sign or traffic signal.

How Are Your Damages Paid?

If you are hit by a car while on your bike, the compensation for your injuries comes from auto insurance policies.

1. Your Own PIP Coverage: Surprisingly to many, your own auto insurance policy’s PIP coverage may be your first line of defense for immediate medical bills.
2. The At-Fault Driver’s Liability Insurance: This is the primary source of compensation. It covers the full scope of your damages, including all medical bills, lost wages, the cost to repair or replace your bicycle, and your pain and suffering.
3. Your Own UIM Coverage: If the driver who hit you is uninsured or flees the scene (hit-and-run), your own Uninsured/Underinsured Motorist (UIM) coverage would apply.

The injuries in a bicycle accident are often severe, and the claims are frequently contested by insurance companies trying to blame the cyclist. If you’ve been injured while riding your bike in the Tacoma area, search the Car Accident Lawyer Directory Tacoma. Compare profiles and read real client reviews to find an experienced local attorney who is dedicated to protecting the rights of bicyclists.

References

• Revised Code of Washington (RCW 46.61.755) – Rights and duties of rider:The official state law that grants bicyclists the same rights and responsibilities as the drivers of other vehicles.https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.755
• Revised Code of Washington (RCW 46.61.110) – Overtaking a vehicle on the left:This law includes the requirement for drivers to pass bicyclists and other vulnerable users at a “safe distance.”https://app.leg.wa.gov/RCW/default.aspx?cite=46.61.110
• Washington State Department of Transportation (WSDOT) – Washington’s Bicycle Laws:An official state resource providing a public-friendly guide to the laws and safety rules that apply to bicyclists.https://wsdot.wa.gov/travel/bicycling-walking/walking-in-washington/pedestrian-laws-safety (Note: WSDOT often combines pedestrian and bicyclist information)