Hit by a Car While Cycling? Steps to Protect Your Rights

Prioritize Your Safety First

Your first priority is assessing your physical condition. Even if you feel fine, adrenaline can mask serious injuries. Before moving, check yourself for obvious injuries—bleeding, broken bones, or severe pain. If you suspect a spinal injury, head trauma, or any serious harm, do not move unless you’re in immediate danger from traffic. If you can move without severe pain, carefully get out of traffic lanes and onto the sidewalk or shoulder. However, if you’re seriously injured, stay still and call 911 immediately. Emergency responders will stabilize you and transport you safely to a medical facility. Once you’re safe, check on others involved in the accident. If the driver or any passengers are injured, call for emergency medical services right away. Never leave the scene—Missouri law requires you to remain at the accident location, and leaving could result in criminal charges regardless of who was at fault.

Contact Law Enforcement

Always call the police after a bicycle-car accident, even if injuries seem minor. A police report creates an official record of the incident, documents the scene conditions, and includes the officer’s preliminary assessment of fault—all crucial evidence for any future insurance claim or lawsuit. When officers arrive, provide a clear, factual account of what happened. Stick to observable facts: “The car turned left in front of me at the intersection” rather than opinions like “The driver wasn’t paying attention.” Avoid admitting fault or apologizing, as these statements can be used against you later, even if you were simply being polite. Request the responding officer’s name, badge number, and the police report number. In St. Louis, you can typically obtain a copy of the crash report from the St. Louis Metropolitan Police Department within a few days. This report will be essential documentation for your claim.

Document Everything at the Scene

If you’re physically able, thorough documentation can make or break your case. Use your phone to photograph everything: the vehicles’ positions, your bicycle’s damage, visible injuries, skid marks, traffic signals, road conditions, weather, and lighting. Take photos from multiple angles and distances to capture context. Collect the driver’s information, including their full name, phone number, driver’s license number, license plate, insurance company, and policy number. If there are passengers in the vehicle, get their names and contact information as well—they may be valuable witnesses. Identify and speak with any witnesses. Bystanders who saw the accident can provide crucial independent testimony. Get their names, phone numbers, and email addresses. If they’re willing, ask them to briefly describe what they saw and record their statements on your phone. Note environmental factors that may have contributed to the accident: potholes, debris in the bike lane, malfunctioning traffic signals, obstructed sight lines, or inadequate lighting. These details can be critical if road conditions played a role in the collision.

Protect Your Evidence

Do not repair or dispose of your damaged bicycle, helmet, clothing, or any other equipment involved in the accident. These items are crucial evidence that can help reconstruct the collision and prove the severity of impact. Store them in a safe place where they won’t be further damaged. Take detailed photographs of all damage before moving or storing items. Document every scratch, dent, tear, and broken component from multiple angles. If your helmet was damaged, this is particularly important—helmet damage demonstrates the force of impact and supports claims of head injury risk. If you need your bicycle for transportation, consult with an attorney before making any repairs.

Get Immediate Medical Evaluation

Even if you feel fine at the scene, seek medical attention immediately. Many serious injuries—including traumatic brain injuries, internal bleeding, and spinal damage—don’t show symptoms right away. Adrenaline and shock can mask pain for hours or even days after an accident. If emergency responders are at the scene, accept their evaluation and follow their recommendations. If they suggest going to the hospital, go. If you decline emergency transport but later experience pain, dizziness, confusion, or other symptoms, visit an emergency room or urgent care facility the same day. St. Louis has several Level 1 trauma centers equipped to handle serious bicycle accident injuries, including Barnes-Jewish Hospital, St. Louis University Hospital, and Mercy Hospital St. Louis. Don’t delay treatment because you’re worried about costs—your health must come first, and medical expenses can be recovered as part of your claim.

Follow All Medical Recommendations

After your initial evaluation, follow every recommendation your doctors make. Attend all follow-up appointments, complete prescribed physical therapy, take medications as directed, and follow activity restrictions. Insurance companies scrutinize medical records looking for gaps in treatment to argue that your injuries weren’t serious. If you can’t afford treatment, tell your attorney immediately. We can often arrange for medical care on a lien basis, where providers agree to wait for payment until your case settles. Never skip necessary treatment because of cost concerns—doing so can harm both your health and your legal claim. Keep detailed records of all medical treatment: emergency room visits, doctor appointments, physical therapy sessions, prescriptions, medical equipment, and mileage to appointments. Save every bill, receipt, and explanation of benefits from your insurance company. This documentation proves the extent of your injuries and the financial impact of the accident.

Document Your Injuries and Recovery

Beyond medical records, keep a personal injury journal. Each day, note your pain levels, symptoms, limitations on daily activities, emotional state, and how the injuries affect your work and family life. This contemporaneous record provides powerful evidence of your suffering and recovery process. Take photographs of visible injuries throughout your recovery. Document bruises as they develop and fade, surgical incisions as they heal, and any permanent scarring or disfigurement. These images create a visual timeline that helps insurance adjusters and juries understand the severity of your injuries. If your injuries prevent you from working, get documentation from your employer showing missed days, lost wages, and any impact on your job performance or career prospects. If you’re self-employed, gather tax returns, invoices, and bank statements showing your income before and after the accident.

Motorist Duty of Care Under Missouri Law

Missouri law requires motorists to exercise “the highest degree of care” when operating vehicles (RSMo § 304.012)—a standard higher than ordinary negligence. This elevated duty reflects the serious danger motor vehicles pose to vulnerable road users like cyclists. Missouri law also requires motorists to leave a “safe distance” when passing bicycles (RSMo § 304.678). While the statute doesn’t specify a numeric distance, the standard is commonly implemented and enforced in practice consistent with a three-foot guideline. Violations of this law can establish negligence in a bicycle accident case. Cyclists have the same rights to use Missouri roadways as motor vehicles, with specific rules outlined in RSMo Chapter 307. Motorists must yield to cyclists in bike lanes, respect cyclists’ right to “take the lane” when necessary for safety, and exercise extra caution at intersections where many bicycle accidents occur.

Hands-Free Law & Distracted Driving

Missouri enacted a statewide hands-free law in 2023 (RSMo § 304.822), making it illegal for all drivers to use handheld devices while driving. If the driver was using a cell phone at the time of the accident, phone records can prove distraction. Your attorney can subpoena phone records to establish whether the driver violated this law. Modern vehicles often contain “black box” event data recorders that capture information about speed, braking, and steering in the seconds before a crash. This data can be crucial evidence, but it may be overwritten or deleted if not preserved quickly. An attorney can send a spoliation letter requiring the driver and their insurance company to preserve this evidence.

Missouri’s Comparative Fault Rule

Missouri applies pure comparative fault in bicycle accident cases (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)). This means you can recover damages even if you were partially at fault—your compensation is simply reduced by your percentage of fault. For example, if you’re found 20% at fault, you can still recover 80% of your damages. Insurance companies often try to shift blame to cyclists, claiming violations of traffic laws or failure to wear a helmet. Missouri has no statewide adult helmet mandate, and helmet non-use is not a statutory basis for automatic fault reduction. However, defendants may attempt to use lack of helmet as evidence to reduce damages—admissibility and effect are fact-specific and often contested.

Report the Accident to Your Insurance

Notify your own insurance company about the accident promptly, as required by your policy. However, provide only basic facts: the date, time, location, and that you were involved in a bicycle-car collision. Do not provide a detailed statement or discuss injuries until you’ve consulted with an attorney. Review your auto insurance policy for uninsured/underinsured motorist (UM/UIM) coverage. Even though you were on a bicycle, your auto policy’s UM/UIM coverage may apply if the at-fault driver has insufficient insurance. Missouri’s minimum liability insurance is just $25,000 per person—often inadequate for serious bicycle accident injuries. If you have health insurance, medical payments coverage, or personal injury protection (PIP), these may cover your immediate medical expenses regardless of fault. Using these coverages doesn’t prevent you from pursuing a claim against the at-fault driver, and your attorney can often negotiate reductions in what must be repaid from your settlement.

Be Cautious with the At-Fault Driver’s Insurance

The at-fault driver’s insurance company will likely contact you quickly, often within 24-48 hours. They may seem friendly and helpful, but remember: their goal is to minimize what they pay you. Be polite but cautious in all communications. Do not provide a recorded statement to the other driver’s insurance company without consulting an attorney first. Insurance adjusters are trained to ask questions designed to minimize your claim or get you to admit partial fault. Anything you say can be used to reduce or deny your compensation. Never accept a quick settlement offer without legal advice. Initial offers are almost always far less than your claim’s true value, especially before you know the full extent of your injuries and financial losses. Once you accept a settlement and sign a release, you cannot pursue additional compensation later—even if your injuries turn out to be more serious than initially apparent.

Understand Missouri’s Insurance Laws

Missouri is an “at-fault” state, meaning the driver who caused the accident is responsible for your damages. You can pursue compensation through the at-fault driver’s liability insurance or by filing a lawsuit against the driver personally. You’re not limited to your own insurance coverage. Missouri also applies pure comparative fault in bicycle accident cases, which means you can recover damages even if you were partially at fault—your compensation is simply reduced by your percentage of fault. For example, if you’re found 20% at fault, you can still recover 80% of your damages. Insurance companies often try to shift blame to cyclists, claiming violations of traffic laws or failure to wear a helmet. Missouri has no statewide adult helmet mandate, and helmet non-use is not a statutory basis for automatic fault reduction. However, defendants may attempt to use lack of helmet as evidence to reduce damages—admissibility and effect are fact-specific and often contested.

Statute of Limitations for Personal Injury Claims

In Missouri, you generally have five years from the date of the accident to file a personal injury lawsuit (RSMo § 516.120(4)). While five years may seem like plenty of time, waiting too long can seriously harm your case. Witnesses’ memories fade, evidence disappears, and insurance companies become less willing to negotiate fair settlements. There are narrow exceptions to the standard five-year deadline. For example, if the accident involved fraud or certain latent injuries that weren’t immediately discoverable, different rules may apply. Additionally, if you were a minor at the time of the accident or legally incapacitated, tolling provisions may extend the deadline (RSMo § 516.170). If your bicycle accident resulted in a fatality, Missouri’s wrongful death statute of limitations is just three years from the date of death (RSMo § 537.100). Wrongful death claims must be brought by the deceased person’s spouse, children, parents, or other statutory beneficiaries, and the shorter deadline makes prompt legal action even more critical.

Special Deadlines for Government Claims

If your accident was caused by a dangerous road condition or involved a government vehicle, much shorter deadlines apply. Charter cities like St. Louis require written notice within 90 days for claims based on dangerous public property conditions (RSMo § 82.210). Missing this deadline can bar your entire claim, regardless of how strong your case otherwise is. The 90-day notice requirement is jurisdictional, meaning courts have no discretion to extend it. The notice must be in writing, must describe the dangerous condition and how it caused your injuries, and must be delivered to the proper government official. An experienced attorney can ensure your notice meets all legal requirements and is properly served. Claims against government entities are also subject to sovereign immunity limitations. Missouri law waives sovereign immunity for certain claims, including injuries from motor vehicle operation by public employees and dangerous conditions of public property (RSMo § 537.600). However, statutory caps limit recovery amounts, and these figures are adjusted periodically—confirm current limits at revisor.mo.gov or through the Missouri Department of Insurance.

Don’t Wait to Consult an Attorney

Even though you have years to file a lawsuit, you should consult with a bicycle accident attorney as soon as possible after your accident. Early legal involvement allows us to preserve critical evidence, identify all potential sources of compensation, and protect you from insurance company tactics designed to minimize your claim. Many bicycle accident victims make costly mistakes in the days and weeks after their accident—giving recorded statements that hurt their case, accepting inadequate settlement offers, or missing critical deadlines. A consultation with OnderLaw costs you nothing, and we can advise you on protecting your rights while you focus on recovery.

What should I do if the driver who hit me left the scene?

If you were the victim of a hit-and-run accident, call 911 immediately and report the incident to police. Try to remember as many details as possible about the vehicle—make, model, color, license plate number, and direction of travel. Look for witnesses who may have seen the vehicle or captured it on camera. Your own auto insurance policy’s uninsured motorist coverage may provide compensation even though you were on a bicycle. Additionally, Missouri has a Crime Victims Compensation Fund that may help cover medical expenses and lost wages for hit-and-run victims. An attorney can help you identify all potential sources of compensation.

Can I still recover compensation if I wasn’t wearing a helmet?

Yes. Missouri has no statewide adult helmet mandate, and helmet non-use is not a statutory basis for automatic fault reduction. However, defendants may attempt to argue that your injuries would have been less severe if you had worn a helmet, potentially reducing your compensation for head injuries. The admissibility and effect of helmet non-use evidence is fact-specific and often contested. An experienced attorney can challenge these arguments and present evidence showing that a helmet would not have prevented your injuries or that the defendant’s negligence—not your choice of safety equipment—caused the accident.

What if I was partially at fault for the accident?

Missouri applies pure comparative fault in bicycle accident cases, meaning you can recover damages even if you were partially at fault. Your compensation is simply reduced by your percentage of fault. For example, if your total damages are $100,000 and you’re found 30% at fault, you can still recover $70,000. Insurance companies often try to exaggerate cyclists’ fault to reduce what they have to pay. Common tactics include claiming you violated traffic laws, weren’t visible enough, or were riding unpredictably. An attorney can gather evidence to minimize your fault percentage and maximize your recovery.

How long will my bicycle accident case take?

Case timelines vary significantly based on the severity of your injuries, the complexity of liability issues, and whether the insurance company makes a fair settlement offer. Simple cases with clear liability and minor injuries may settle in a few months, while complex cases involving serious injuries or disputed fault may take a year or more. You should not settle your case until you’ve reached maximum medical improvement and know the full extent of your injuries and financial losses. Settling too quickly often means accepting less compensation than you deserve. Your attorney will advise you on the optimal timing for settlement negotiations or trial.

What if the driver’s insurance isn’t enough to cover my damages?

Missouri’s minimum liability insurance is just $25,000 per person—often inadequate for serious bicycle accident injuries. If the at-fault driver has insufficient insurance, you may be able to recover additional compensation through:

• Your own auto policy’s uninsured/underinsured motorist (UM/UIM) coverage
• The driver’s personal assets (though many drivers have limited assets)
• Other potentially liable parties (employers, vehicle owners, government entities)
• Multiple insurance policies (auto, homeowner’s, umbrella policies)

An experienced attorney will identify all potential sources of compensation and pursue every available avenue to maximize your recovery.

Do I really need an attorney for my bicycle accident case?

While you’re not legally required to hire an attorney, the reality is that insurance companies take cases more seriously when represented by experienced legal counsel. Studies consistently show that accident victims recover significantly more compensation with attorney representation than without—even after paying attorney fees. Bicycle accident cases involve complex legal and medical issues that most people aren’t equipped to handle on their own. An attorney can:

• Investigate the accident and preserve critical evidence
• Identify all potential sources of compensation
• Calculate the true value of your claim, including future damages
• Negotiate with insurance companies from a position of strength
• Litigate your case if a fair settlement can’t be reached
• Protect you from insurance company tactics designed to minimize your claim

At OnderLaw, we offer free consultations and work on contingency, so there’s no financial risk in getting legal advice about your case.

What if my accident happened in Illinois instead of Missouri?

OnderLaw represents bicycle accident victims in both Missouri and Illinois. While many legal principles are similar, Illinois has some different laws that may affect your case:

• Illinois has a two-year statute of limitations for personal injury claims (shorter than Missouri’s five years)
• Illinois uses a modified comparative fault system (you’re barred from recovery if more than 50% at fault)
• Illinois has a specific three-foot passing law codified in statute (625 ILCS 5/11-1204.4)
• Different notice requirements apply for claims against Illinois government entities

If your accident occurred in Illinois, it’s even more critical to consult with an attorney quickly due to the shorter statute of limitations. We can advise you on how Illinois law applies to your specific situation.

Can I sue if the accident happened because of a dangerous road condition?

Yes, but claims against government entities for dangerous road conditions have special requirements. In Missouri, you must provide written notice to the responsible government entity within 90 days if you’re claiming a charter city like St. Louis failed to maintain safe road conditions (RSMo § 82.210).

To succeed in a dangerous condition claim, you must prove:

• The government entity owned or controlled the property
• A dangerous condition existed
• The entity had actual or constructive notice of the dangerous condition
• The entity failed to remedy the condition or warn of the danger
• The dangerous condition caused your injuries

These cases are complex and require prompt action to preserve evidence and meet strict deadlines. If you believe dangerous road conditions contributed to your accident, consult with an attorney immediately.

Take Action Now to Protect Your Rights After a Bicycle Accident

The steps you take in the days and weeks after a bicycle accident can significantly impact your ability to recover fair compensation. Don’t navigate this complex process alone—let OnderLaw’s experienced bicycle accident attorneys guide you through every step. We offer free, no-obligation consultations to evaluate your case and explain your legal options. You’ll speak directly with an attorney who will listen to your story, answer your questions, and provide honest advice about the best path forward. There’s no pressure and no cost for this initial consultation. If we take your case, we work on a contingency fee basis—you pay nothing upfront, and we only get paid if we recover compensation for you. We advance all case costs, so financial concerns never prevent you from pursuing justice. Time is critical. Evidence disappears, witnesses’ memories fade, and strict legal deadlines may bar your claim if you wait too long. Contact OnderLaw today to schedule your free consultation. Let us fight for the compensation you deserve while you focus on healing and recovery.

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