Can Cyclists Be Held At Fault For An Accident?
On the road, cyclists have the same rights and responsibilities as drivers, but they are much more likely to become injured. Drivers and cyclists often wonder who is at fault in a car-bicycle collision. Although the situation can become complicated, the simple answer is that cyclists can be deemed at fault in an accident and be sued for any injuries that may have resulted from the collision. If you’ve been involved in a bike-car accident, it’s important to consult with a Las Vegas bike accident injury lawyer to understand how to protect yourself and to learn more about your rights and options.
What To Do After an Accident
Your actions immediately after an accident will significantly affect whether you get full compensation for damages and injuries. It’s crucial to follow all of the following steps whenever physically possible:
- Call 911 and tell the police what happened
- Call for help and get medical attention, even if you feel fine
- Assess the damage to yourself and your bicycle
- Get the name of the driver along with their contact information, license plate, and insurance information
- Talk to any witnesses and get their contact information
- Take pictures of the scene of the accident if it is safe to do so, including your bike, helmet, nearby buildings or fences, and any other equipment
- Keep records of all injury-related losses and expenses
- Consult with a Las Vegas car accident lawyer
Making an Insurance Claim After a Car-Bike Accident
The fastest way to get compensation after your accident is through an insurance claim. These types of cases are typically settled out of court with your Las Vegas personal injury attorney and the insurance company. If you were the cyclist, you may be able to file a claim with the driver’s insurance company. You’ll need to prove that the driver was at fault and calculate your anticipated damages and losses. Documentation such as police reports, medical records, and photographs are needed to support your claim. You’ll typically be contacted by an insurance adjuster who will work with you to reach a settlement. Be in contact with your lawyer throughout this process.
You may also be able to file a first-party claim with your own health and auto insurance companies after a car-bicycle accident, even if you were riding a bicycle. If the driver is determined to be at fault for the accident and doesn’t carry any insurance, you can use an uninsured motorist policy to recover your losses. If you as the cyclist are determined to be at fault in the accident, your homeowners’ or renters’ insurance may also help cover any legal or medical expenses.
Filing a Personal Injury Lawsuit
If your insurance claim is denied and you’ve consulted with your Las Vegas bike accident lawyer, you may be able to file a civil or small claim court lawsuit. But don’t delay; waiting too long reduces the strength of your case and you run the risk of passing the statute of limitations.
Can Cyclists Be at Fault?
It’s a common misconception that vehicle drivers are always at fault in car-bike accidents. Although a cyclist is more likely to be injured, they can also be at fault for the accident. Drivers and cyclists must share the road. If a cyclist violates the rules of the road, they may be unable to get compensation for medical expenses, lost wages, pain and suffering, and other damages that may result from the collision. The cyclist may even face a personal injury lawsuit if pedestrians, other cyclists, or drivers were harmed in the accident.
What About a Hit & Run?
Nevada state law requires drivers to stop at the scene of a car accident to exchange information and provide assistance if it’s needed. Drivers who hit and run another driver or cyclist are at risk of criminal prosecution and a variety of consequences, including jail time, fines, and being sued in civil court. Never chase a hit-and-run driver. Instead, call the police and provide as much information as you can. Consult with your Las Vegas car accident lawyer about your options, which typically include whether the driver is found and what insurance coverage you and they carry.
How Much Compensation Can I Get?
Every accident is different, but compensation for car-bike accidents generally includes past and anticipated medical expenses, lost income if the accident forced time off of work, reduced earning capacity if applicable, property damage, pain and suffering, and other damages.
Get Legal Advice For Your Bike-Car Accident
If you are a driver or cyclist who was injured in an accident, talk with the experienced attorneys at Benson & Bingham Accident Injury Lawyers. We will walk you through the claims process, help negotiate a settlement on your behalf, and represent you in court if needed. Our extensive understanding of Nevada law, personalized approach, and many years of experience helping people just like you make us one of the top-rated personal injury law firms in Nevada. Trust us with your claim. Contact our office today and talk directly with one of our attorneys to learn more about how we can help.
Frequently Asked Questions
Can I File a Car Accident Lawsuit in Nevada if a Bicyclist Caused the Crash?
You need to know that cyclists do not have blanket immunity on the road. Under Nevada law, anyone riding a bicycle on a roadway has all the same rights and duties as a driver of a motor vehicle. If a cyclist runs a stop sign, swerves unpredictably out of a bike lane, or rides against traffic, they can absolutely be held liable for the resulting property damage and your physical injuries. In these situations, you might seek a settlement through their homeowner’s or renter’s insurance, or pursue a civil claim against them directly. To see how adjusters and courts sort out liability in complex collisions, read our detailed breakdown on car accident scenarios and who is at fault. For the specific statutes governing bicycles on roadways, you can review NRS 484B.763.
What is the Statute of Limitations for a Nevada Bicycle and Car Accident Lawsuit?
Time is your biggest enemy after a devastating collision. If you want to take your case to civil court, Nevada Revised Statutes 11.190 strictly dictates that you have exactly two years from the date of the crash to officially file your claim. Missing this deadline means you permanently forfeit your right to demand compensation, no matter how catastrophic your injuries are. Gathering witness statements, securing intersection camera footage, and negotiating with stubborn commercial insurance adjusters takes months, so you must start the process immediately. Review our comprehensive guide on the statute of limitations in Nevada to ensure you don’t miss your window of opportunity.
How Can I Get a Settlement if the At-Fault Driver Flees a Nevada Bicycle Accident?
Leaving the scene of an injury crash is a serious felony under NRS 484E.010, but unfortunately, it happens frequently to vulnerable riders. If a careless driver hits you and speeds off, you still have powerful avenues for financial recovery. Never try to chase down the fleeing vehicle on your bike. Instead, call 911 immediately and document everything you can remember about the car. Even if law enforcement cannot track down the suspect, you can often pursue a settlement through the Uninsured Motorist (UM) coverage on your own auto insurance policy.
How Does Nevada’s Modified Comparative Negligence Affect My Bicycle Settlement?
You can still secure a substantial financial recovery even if you made a minor error leading up to the collision. Nevada operates under a “modified comparative negligence” rule (NRS 41.141), meaning you are perfectly eligible for compensation as long as you are 50% or less at fault for the crash. However, the court or insurance adjuster will reduce your final payout by your assigned percentage of blame. For example, if you are awarded $100,000 for your medical bills but are found 20% responsible because your bike lacked proper nighttime reflectors, you will walk away with $80,000. Navigating these aggressive fault assignments is tricky, which is why we highly recommend reading up on comparative negligence in Las Vegas car accidents.
What Types of Compensation Are Available in a Nevada Bike-Car Accident Lawsuit?
Because cyclists lack the protective steel frame of a vehicle, collisions almost always result in severe, expensive medical trauma. You have the fundamental right to demand comprehensive compensation that covers every single way the crash has impacted your life. This includes hard economic damages like emergency room bills, ongoing physical therapy, lost wages from missing work, and the total replacement cost of your bicycle. You can also pursue non-economic damages for your physical pain, emotional distress, and loss of life enjoyment. For a deeper look into how these non-economic damages are calculated, check out our resource on understanding pain and suffering after a car accident.
What Should I Do Immediately After a Bicycle Crash to Protect My Nevada Settlement?
Your actions in the frantic moments right after a wreck will absolutely make or break your future insurance claim. First and foremost, call the police so there is an official, unbiased report of the incident, and demand immediate medical attention—even if your adrenaline is masking the pain of a concussion or fracture. While waiting for first responders, take clear smartphone photos of the vehicle’s license plate, your damaged bike, the surrounding intersection, and any visible skid marks. Never apologize or admit fault to the driver. Keeping meticulous records from day one is essential. Check out our comprehensive checklist on what to do after a car accident injury to ensure you don’t make a costly mistake.
