What to Do After a Bicycle Accident

Get medical help, call the police and collect the driver’s name, plate and insurance before anyone leaves. The deadline to sue is generally two years in California (CCP 335.1) and Texas, and three years in Washington (RCW 4.16.080). If a city road or vehicle was involved, a six-month claim deadline can apply.

What should I do at the scene of a bike crash?

Get out of traffic if you can move safely, call 911 and let paramedics check you even if you feel fine.

A driver who hits a cyclist and causes injury must stop, give a name, address and plate or registration number, and help get the injured person to care. That duty is in Vehicle Code 20001 and 20003 in California, Transportation Code 550.021 and 550.023 in Texas, and RCW 46.52.020 in Washington. California applies these accident duties to people on bicycles too (Vehicle Code 21200), so share your own details as well.

While you wait, use your phone:

• Photograph the car, its plate, the driver’s license and insurance card.
• Photograph where your bike ended up, lane lines, the bike lane, debris and any pothole.
• Get witnesses’ names and numbers, and look for nearby cameras.
• Keep the bike, helmet, lights and torn clothing as they are. Do not repair or throw anything away.

Do I have to report a bicycle accident?

Ask the officer for the report number. Written reporting duties differ by state:

• California: the driver of a motor vehicle in a crash that injures anyone must file an SR-1 with the DMV within 10 days (Vehicle Code 16000). The DMV says the SR-1 is required in addition to any police report (DMV). The rule is written for drivers of motor vehicles, so it falls on the driver who hit you.
• Texas: the driver must immediately notify the police or sheriff (Transp. Code 550.026), and an officer who investigates must file a report within 10 days (550.062). You can buy that crash report (CR-3) from TxDOT (TxDOT).
• Washington: if no officer makes a report, any driver involved in an injury crash must file a written report with the local police, sheriff or state patrol within four days (RCW 46.52.030). Reports can be requested through the Washington State Patrol.

Which bike rules affect who was at fault?

In all three states, a person riding on the road has the rights and duties of a driver (CA Veh. Code 21200; TX Transp. Code 551.101; RCW 46.61.755). Insurers look at these rules first:

• Lane position: a slower rider keeps as far right as practicable, but may move left to pass, turn left, or avoid hazards and lanes too narrow to share (CA 21202; TX 551.103; RCW 46.61.770). Taking the lane for one of those reasons is lawful.
• Passing: California drivers may not pass a bicycle at less than three feet (Veh. Code 21760). Washington drivers must move fully into the next lane on a multi-lane road, or slow down and pass at least three feet away where practicable (RCW 46.61.110).
• Lights at night: California requires a white front light and a red rear reflector or light (Veh. Code 21201).
• Sidewalks: in Washington, a rider on a sidewalk or crosswalk has a pedestrian’s rights and duties (RCW 46.61.755).

E-bikes: California defines three e-bike classes; classes 1 and 2 stop assisting at 20 mph and class 3 at 28 mph, and riders follow the bicycle rules (Veh. Code 312.5). Texas applies its bicycle rules to electric bicycles (551.002), and Washington uses the same three classes (RCW 46.04.169).

What if the insurer says I was partly at fault?

Shared fault reduces a claim but usually does not end it. In California, your damages are reduced by your percentage of responsibility (CACI 405). Texas bars recovery only if your share is greater than 50 percent (CPRC 33.001). Washington reduces the award by your share and never bars it (RCW 4.22.005).

Example only: if damages are $50,000 and you are found 20 percent at fault, the award drops to $40,000 in any of the three states. At 60 percent, Texas would allow nothing, while California and Washington would allow $20,000. The real facts decide the percentages.

California requires a helmet for riders under 18 (Veh. Code 21212). Insurers may argue that a missing helmet made a head injury worse, and that argument goes into the shared-fault rules above.

Which insurance can pay after a bicycle accident?

• The driver’s liability insurance is the main source.
• Your own auto policy’s uninsured or underinsured motorist coverage can apply even though you were on a bike. California’s law covers the named insured, a spouse and relatives in the household “while occupants of a motor vehicle or otherwise,” and you must sue, settle or demand arbitration within two years of the accident (Ins. Code 11580.2). Texas policies include this coverage unless it was rejected in writing (Ins. Code 1952.101). Washington requires it to protect insured persons unless a named insured or spouse rejects it in writing, with an exception for riding a motorcycle (RCW 48.22.030).
• Personal injury protection: Texas PIP pays the named insured and household members for medical bills and lost income regardless of fault. Policies include it unless it was rejected in writing, and the law does not require more than $2,500 per person (Ins. Code 1952.151-.155). Washington insurers must offer PIP (RCW 48.22.095), and the named insured and resident relatives count as insureds (RCW 48.22.005).
• Medical payments coverage and health insurance: whether med pay applies off a car depends on your policy wording, so ask for the full policy.

Our bicycle accident lawyer page covers fees and delivery-rider claims.

What if a pothole or a city vehicle caused the crash?

A public entity can be liable for a dangerous condition of its property when it created the hazard or had notice of it in time to fix it (Gov. Code 835). In California, the claim must be presented within six months (Gov. Code 911.2), and after a written rejection you generally have six months to sue (Gov. Code 945.6). Texas entitles a government to notice within six months, and a city charter can set its own notice period (CPRC 101.101). Washington requires a claim to a local government and a 60-day wait before suing (RCW 4.96.020). Claims against a driver have two years in Texas (CPRC 16.003).

What to do now

1. See a doctor within a day or two and follow the treatment plan.
2. Get the police report number and request the report.
3. Write down what happened while you still remember it.
4. Find every auto policy in your household and ask each insurer for the full policy.
5. Keep the bike, helmet and receipts, and photograph your injuries as they heal.
6. Do not give a recorded statement to the driver’s insurer before getting advice.
7. If a public road or vehicle was involved, mark the six-month date on your calendar.

Talk to us

If you were hurt riding a bike or e-bike, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Bicycle accident lawyer · What to do in a hit and run · How much can I get from an uninsured motorist claim? · Who determines fault in a car accident? · Personal injury questions · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.