Washington Bicycle Accident Lawyer: Safe Passing, Stop-as-Yield, E-Bike Rules, PIP and the 3-Year Deadline (Updated November 2026)

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What to do after a bike crash in Washington

1. Get medical care first.
2. Report the crash to police within 72 hours. If a driver ran you off the road without touching you, underinsured motorist coverage treats that car as a “phantom vehicle” only if the crash was reported within 72 hours and the facts are backed by evidence other than your own testimony (RCW 48.22.030(8)).
3. Keep the bike, helmet and lights unrepaired.
4. Photograph the lane, the shoulder, the bike lane, the car and your injuries.
5. Ask about PIP. Get the driver’s insurance information. That policy’s PIP may pay your medical bills even before fault is decided.

Washington’s passing and right-of-way rules for cyclists

Passing a cyclist. A driver approaching a person on a bicycle in the right lane, on the right shoulder or in a bike lane must, on a road with two or more lanes in that direction, move completely into a lane to the left before passing. On a road with one lane in that direction, the driver must slow to a safe passing speed and pass at a safe distance, where practicable at least three feet, or, if there is not enough room, move completely into the oncoming lane when it is safe. A driver who violates this rule pays an additional fine equal to the base penalty, which cannot be waived or reduced except for indigence (RCW 46.61.110(2)).

Your rights. A cyclist on the roadway has the rights and duties of a driver. On a sidewalk or in a crosswalk, a cyclist has the rights and duties of a pedestrian (RCW 46.61.755).

Lane position. A rider slower than traffic must ride as near to the right side of the right through lane as is safe, except when turning, using a dedicated right-turn lane, passing, or avoiding hazards such as parked cars and debris. Riders may use the shoulder or a bike lane, and may ride two abreast but no more (RCW 46.61.770).

Stop-as-yield. A cyclist may treat a stop sign as a yield sign, except at a railroad crossing or for a stopped school bus. A yield still means slowing and giving way to any vehicle close enough to be an immediate hazard (RCW 46.61.190).

Dooring. No person may open a door on the side next to moving traffic until it is reasonably safe and will not interfere with traffic (RCW 46.61.620).

Penalties for hurting a cyclist. Since January 1, 2025, a driver who negligently causes the death of a “vulnerable user of a public way,” which includes a person on a bicycle or e-bike, commits a gross misdemeanor punishable by up to 364 days in jail, a $5,000 fine and a 90-day license suspension (RCW 46.61.5259). Causing great or substantial bodily harm is an infraction with a $5,000 penalty and a 90-day suspension, unless the driver elects the alternative of traffic school and community service (RCW 46.61.526). In a civil case, a traffic violation is evidence of negligence but not negligence per se, except for impaired driving (RCW 5.40.050). See our Washington bicycle laws FAQ.

E-bikes in Washington, including the 2026 definition change

An electric-assisted bicycle has two or three wheels, a saddle, working pedals and a motor of no more than 750 watts. Class 1 assists only while pedaling and stops at 20 mph. Class 2 can run on the motor alone and stops assisting at 20 mph. Class 3 assists only while pedaling, stops at 28 mph and has a speedometer. In 2026 the Legislature narrowed the definition: anything able to exceed 20 mph on its motor alone, or designed to be easily switched out of compliance by a button, software setting or app, is not an e-bike. The Legislature cited the spread of electric motorcycles among teenagers and young adults (RCW 46.04.169, as amended by 2026 c 159).

No driver’s license is needed for an e-bike, but no one under 16 may operate a Class 3 (RCW 46.20.500). Class 1 and 2 e-bikes may use shared-use paths and bike lanes, subject to local limits. Class 3 e-bikes may not use shared-use paths unless a local jurisdiction allows it, and may not use sidewalks except where no alternative exists or a local ordinance allows. No e-bike may use a natural-surface trail designated as nonmotorized unless the managing agency allows it (RCW 46.61.710).

Helmets in Washington

There is no state law requiring cyclists to wear helmets. WSDOT notes that some cities and counties do, naming Pierce and Spokane counties, whose rules cover their unincorporated areas (WSDOT). E-bike riders must follow any local bicycle helmet rule (RCW 46.37.530). The rules have been shifting: the City of Tacoma says helmets are no longer required by law within city limits (City of Tacoma), and the King County Board of Health repealed the county’s bike helmet law in February 2022 (Public Health, Seattle and King County). Check the local rule where you crashed.

Washington’s statutes do not say that riding without a helmet reduces a cyclist’s damages. If the defense argues it, Washington’s comparative fault statute applies: any fault charged to you reduces the award in proportion and does not bar recovery (RCW 4.22.005).

Deadlines and your share of fault

More: Washington car accident statute of limitations, comparative fault in CA, TX and WA and Washington wrongful death statute of limitations.

How a Washington bicycle claim gets paid

PIP from the car that hit you. Insurers must offer personal injury protection with every auto policy, though the named insured may reject it in writing (RCW 48.22.085). The minimum offer includes $10,000 in medical and hospital benefits and $10,000 in income continuation at up to $200 a week (RCW 48.22.095). The PIP statute treats as insured a pedestrian accidentally struck by the insured car, and defines “pedestrian” as a person not occupying a motor vehicle (RCW 48.22.005). A cyclist fits that definition. PIP on a policy in your own household may also apply.

The driver’s liability insurance. The minimum is $25,000 per person (RCW 46.29.090).

Underinsured motorist coverage. Washington policies must include UIM coverage for underinsured, hit-and-run and phantom vehicles, in the same amount as liability coverage, unless a named insured or spouse rejects it in writing. The statute excludes coverage while operating or occupying a motorcycle or motor-driven cycle (RCW 48.22.030). Whether your own UIM covers you on a bike depends on how the policy defines an insured, so we read it.

UIM is often the main source in a hit-and-run. In September 2026 a 30-year-old man riding south on Aurora Avenue North in Seattle was allegedly struck from behind by a driver in a silver sedan who fled (Aurora Avenue hit-and-run).

Dangerous roads and public agencies

In Keller v. City of Spokane, 146 Wn.2d 237 (2002), a case brought by a motorcyclist hurt at a Spokane intersection, the Washington Supreme Court held that a city owes a duty to all persons, “whether negligent or fault-free,” to build and maintain its roads in a condition reasonably safe for ordinary travel (opinion). A cyclist hurt by a road defect does not have to be blameless to bring a claim.

Before suing a city, county or transit agency, you must present the standard tort claim form to the agency’s designated agent within the limitations period, then wait 60 days (RCW 4.96.020). Claims against the state go to the Office of Risk Management with the same 60-day wait (RCW 4.92.110).

Bicycle deaths in Washington

• 139 bicyclists were killed in Washington from 2015 to 2024. King County had 29% of the deaths, Spokane County 10% and Pierce County 9%. About one in six involved a hit-and-run, one in five a distracted driver, and three in five of the striking vehicles were pickups, SUVs, vans or larger trucks (Washington Traffic Safety Commission, Aug. 2025).
• The same review found that one in three of the cyclists killed failed to yield, a figure insurers will cite against you.
• Federal data count 18 bicyclist deaths in Washington in 2023 (NHTSA).

In October 2026 a 40-year-old woman on a bicycle was critically injured in a collision with a vehicle near Lake City Way NE and NE Northgate Way in Seattle (Lake City crash). We have local pages for Seattle, Tacoma and Spokane.

Evidence that matters in Washington bike cases

• Independent witnesses, which a phantom vehicle claim requires.
• Video of the intersection, especially if you treated a stop sign as a yield.
• Your lights, since the Traffic Safety Commission’s case review flagged night riding without a front light.
• Ride data and the driver’s phone records.

See how bicycle accident claims work.

Related pages

• Can you ride a bike on the sidewalk in Washington, and does it hurt your injury claim?
• California bicycle accident lawyer
• Texas bicycle accident lawyer
• Washington bicycle laws
• Washington car accident lawyer
• Washington pedestrian accident lawyer
• Washington truck accident lawyer

Common questions

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.