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It doesn’t matter if you relate bicyclists to mosquitos or advocate for sharing the road, you need to pay attention to your surroundings to save lives. There are plenty of examples of bike riders who are struck and killed every year as car drivers flee the scene. But why do they panic? Is it because you’re automatically at fault for hitting a cyclist? 

Are you automatically at fault for hitting a bicyclist? 

In most cases, you are liable for hitting a bicyclist with your car or if you maneuver in a way that causes the bike rider to run into your car. Also, the state that you’re in could make a difference due to various laws and regulations. 

For example, in North Carolina, bicycles are considered vehicles and the riders are drivers for almost all intents and purposes with a few exceptions. 

If the bike has the right of way and a car hits it, then the vehicle driver is most likely at fault. But, if the bike rider hits a car they could be at fault.

Due to contributory negligence statutes, the bike rider and driver both may not be at fault. If the situation seems like it was a combination of both then no one will collect damages. 

A bicyclists on the road after being hit
Traffic accident involving bicyclist

Some cases seem like they could be clear. For example, if the car driver runs a red light, blows through a stop sign, or fails to use their signal, they seem at fault. 

However, the car driver can point out that the biker didn’t have the correct lights while riding at night. With these types of incidents, even if the bike rider is only 1% at fault, then the car driver could only have a traffic ticket and a rising insurance rate. 

Typically, because bicycles are considered to be vehicles, bike riders are required to follow most traffic rules. But they have the right of way in crosswalks. 

Plus, technically, you’re only required to report an indictment if someone is injured, someone dies, and if it causes property damage of over $1,000. 

So, don’t panic if you’re involved in an accident with a bike. Immediately make sure everyone involved isn’t injured and call for help immediately. Take images of the indecent for court and know your rights.

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Allison Barfield

Allison Barfield joined MotorBiscuit in 2020 and covers all things trucks, SUVs, and Jeeps. Having grown up on a farm in Rock Hill, South Carolina, she’s no stranger to the “Best in Class” truck and SUV debates; people in her hometown were always gathering to help work on vehicles together, and deliberation would naturally arise.

Allison graduated from the University of South Carolina with a degree in Media Arts. She has helped bring awareness to issues Women In Trucking face and has promoted Truckers Against Trafficking, an anti-trafficking NGO.

A fan of creatively dark literature, Allison appreciates the works of Shirley Jackson and Emily Dickenson. She lives in a mountainous area of the country and enjoys off-roading and camping. Her dog, Bruce, often joins her in testing trucks and SUVs for our site.