By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Why bicycle claims are different
A rider has no steel frame, no airbag and no seat belt, so even a low-speed impact can cause fractures and head injuries. NHTSA counted 1,103 cyclists killed and an estimated 52,887 injured in U.S. traffic crashes in 2024. That year 163 cyclists died in California, 79 in Texas and 13 in Washington (NHTSA, 2024 data).
Two details from the same report shape how these cases are built. Sixty percent of cyclist deaths happened away from intersections, and the evening window from 6 to 8:59 p.m. had the largest share on both weekdays and weekends. Lighting and visibility often decide these claims.
Who pays: insurance that can cover a cyclist
The first source is the at-fault driver’s liability policy. After that, your own coverage can add more.
| Coverage | California | Texas | Washington |
|---|---|---|---|
| Your uninsured motorist coverage | The insured includes household relatives “while occupants of a motor vehicle or otherwise,” and it stays in the policy unless deleted by written agreement (Ins. Code 11580.2) | Must be in an auto policy unless rejected in writing (Ins. Code 1952.101); the policy wording decides who is covered off the road | Required underinsured coverage includes hit-and-run and phantom vehicles; a phantom claim needs corroboration and a police report within 72 hours (RCW 48.22.030) |
| Medical coverage | MedPay is optional and pays immediate medical care regardless of fault (CDI guide) | PIP is paid without regard to fault (1952.155); the statute lists the named insured and household members (1952.151) | A “pedestrian” is anyone not occupying a motor vehicle, and an insured includes a pedestrian struck by the insured car, so the driver’s PIP may pay a cyclist (RCW 48.22.005) |
California riders can read more on how MedPay works. Keep every bill and every explanation of benefits from health insurance, because they show what was charged and what was paid.
Evidence that wins bicycle cases
Drivers often say the cyclist “came out of nowhere.” The evidence below answers that line:
- Video from the rider’s own camera, the driver’s dashcam, buses, doorbells and nearby businesses. Ask for it in writing within days.
- Ride data from a bike computer, phone app or smartwatch, which can show your speed, route and the moment of impact.
- The bike itself. Keep it unrepaired, with the lights, reflectors and any camera mounts still attached, because the damage shows the angle and the lights show you could be seen.
- Photos of the lane, the bike lane markings, parked cars, sight lines and any road defect.
- Witness names and phone numbers, taken at the scene if you can.
If a truck or delivery van hit you, see hit by a truck while walking or biking for the extra records those companies keep. Close passes in California are covered on our page about the 3-foot passing law.
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Dooring: when a car door opens in your path
All three states make the person who opens a car door into traffic responsible for checking first.
| State | The rule |
|---|---|
| California | No one may open a door on the side available to moving traffic unless it is reasonably safe and can be done without interfering with that traffic (Veh. Code 22517) |
| Texas | A door on the side available to moving traffic may be opened only if it can be done in reasonable safety without interfering with other traffic (Transp. Code 545.418) |
| Washington | No door on the side adjacent to moving traffic may be opened until it is reasonably safe (RCW 46.61.620) |
Each statute also bars leaving a door open on the traffic side longer than needed to load or unload passengers.
E-bikes: classes and why they matter
An e-bike crash raises a threshold question: is the e-bike a bicycle under the law? In all three states, a qualifying e-bike has working pedals and a motor of no more than 750 watts in California and Washington, or fewer than 750 watts in Texas.
| Class | California (Veh. Code 312.5) | Texas (Transp. Code 664.001) | Washington (RCW 46.04.169) |
|---|---|---|---|
| Class 1 | Pedal assist only, stops at 20 mph | Pedal assist only, top assisted speed 20 mph or less | Pedal assist only, stops at 20 mph |
| Class 2 | Throttle may propel the bike, stops at 20 mph | Motor may propel without pedaling, 20 mph or less | Motor may propel alone, stops at 20 mph |
| Class 3 | Pedal assist only, stops at 28 mph, speedometer | Pedal assist only, more than 20 but less than 28 mph | Pedal assist only, stops at 28 mph, speedometer |
California bars anyone under 16 from operating a class 3 e-bike and requires a helmet for every class 3 rider and passenger (Veh. Code 21213). Texas sets the minimum age for a class 3 operator at 15 and requires the motor to cut off either when the rider stops pedaling or when the brakes are applied (Transp. Code 551.107). California also excludes from the definition a vehicle the manufacturer intends to be modifiable to go faster than 20 mph on motor power alone. A bike that was modified, or never qualified, may be treated as a motor vehicle, which can change both the traffic rules and the insurance. Keep the bike’s class label and purchase records.
Fault rules and deadlines
In California and Washington, a share of fault reduces the award with no cutoff (Li v. Yellow Cab; RCW 4.22.005). In Texas, a cyclist found more than 50 percent responsible recovers nothing (CPRC 33.001). The general deadline to sue a private driver is two years in California (CCP 335.1) and Texas (CPRC 16.003) and three years in Washington (RCW 4.16.080).
Each state also has its own riding rules, covered in Texas bicycle laws and Washington bicycle laws. For how fault percentages get argued, see comparative fault.
What this means for your case
Get medical care first and tell every provider you were hit while riding. Then request the declarations pages for every auto policy in your household, since your own UM, MedPay or PIP may pay even though you were on a bike. Save the bike, the gear and your ride data before anything is repaired or overwritten. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Common questions
Does my car insurance cover me if I was on my bike?
Often, in part. California’s uninsured motorist statute covers named insureds and household relatives outside a vehicle. In Texas and Washington, the policy wording and any written rejection decide it.
What if the driver who hit me drove off?
Report it to police right away. Your uninsured motorist coverage may apply, but California requires physical contact and a police report within 24 hours, and Washington’s phantom-vehicle rule requires a report within 72 hours.
Can I recover if I was riding at night without lights?
Possibly. Missing lights can be used to put part of the fault on you. In California and Washington that share reduces the award. In Texas, a share above 50 percent bars recovery.
Is an e-bike crash handled like a bicycle crash?
Usually, if the e-bike meets the state definition. A modified or unqualified e-bike can be treated as a motor vehicle. If an insurer has already asked you to sign something, more answers are in our injury law FAQs. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- NHTSA, Bicyclists and Other Cyclists: 2024 Data (DOT HS 813 822, July 2026) (crashstats.nhtsa.dot.gov)
- Cal. Insurance Code 11580.2 (leginfo.legislature.ca.gov)
- California Department of Insurance, Automobile Insurance guide (insurance.ca.gov)
- Tex. Insurance Code 1952.101 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.151 (statutes.capitol.texas.gov)
- Tex. Insurance Code 1952.155 (statutes.capitol.texas.gov)
- RCW 48.22.005 (app.leg.wa.gov)
- RCW 48.22.030 (app.leg.wa.gov)
- Cal. Vehicle Code 22517 (leginfo.legislature.ca.gov)
- Tex. Transp. Code 545.418 (statutes.capitol.texas.gov)
- RCW 46.61.620 (app.leg.wa.gov)
- Cal. Vehicle Code 312.5 (leginfo.legislature.ca.gov)
- Cal. Vehicle Code 21213 (leginfo.legislature.ca.gov)
- Tex. Transp. Code 664.001 (statutes.capitol.texas.gov)
- Tex. Transp. Code 551.107 (statutes.capitol.texas.gov)
- RCW 46.04.169 (app.leg.wa.gov)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (Stanford SCOCAL) (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code 33.001 (statutes.capitol.texas.gov)
- RCW 4.22.005 (app.leg.wa.gov)
- Cal. Code Civ. Proc. 335.1 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code 16.003 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
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 7, 2026.