Bicycle Accidents in Washington State

Bicycling is popular in Washington for commuting, exercise, and recreation. Cities like Yakima, Wenatchee, Kennewick, and Spokane have growing networks of bike lanes and paths. Unfortunately, collisions between bicycles and motor vehicles do happen, and cyclists are highly susceptible to injury in those crashes. A bike offers little protection in an impact with a 3,000-pound car. This section discusses Washington laws related to bicycle safety and accidents, what to do if you’re involved in a bike crash, and why Church, Page, & Gailan is ideally suited to represent injured cyclists in Eastern Washington.

Washington law recognizes bicycles as legitimate roadway users.

Washington Bicycle Laws and Safety Rules

Washington law recognizes bicycles as legitimate roadway users. RCW 46.61.755 states that every person riding a bicycle on a roadway is granted all the rights and is subject to all the duties applicable to a driver of a vehicle . In other words, bicyclists must follow the rules of the road (stop at stop signs, signal turns, etc.), and in turn, they are entitled to the same right-of-way and courtesy from others as any car would be.

Some key provisions of Washington law aimed at bicycle safety include:

• Safe Passing Law: Drivers overtaking a bicycle must give a safe distance of at least 3 feet of clearance when passing. While not worded in the RCW in a simple phrase, the practical rule is to allow at least three feet (and more at higher speeds) to avoid sideswiping or startling a cyclist . In 2019, Washington updated its safe passing laws to emphasize that if a lane is too narrow to pass safely within the lane, the driver should change lanes to pass a bicycle (even if it means crossing a double yellow, it’s permitted when done safely to pass a bicycle).

• Riding Two Abreast: Bicyclists may ride two side-by-side in a single lane, but no more than two (RCW 46.61.770) . They should ride single-file if traffic needs to overtake and the lane isn’t wide enough for safe side-by-side sharing.

• Use of Shoulders and Bike Lanes: Cyclists are not required to use a bike lane or shoulder, though if a usable path is present, many do for safety. On a roadway, a cyclist should ride as far to the right as is safe and practicable (RCW 46.61.770) except when preparing to turn left or when avoiding hazards. Cyclists can “take the lane” if necessary for safety (for instance, if the lane is narrow and there’s no safe way for a car to pass within the lane).

• Lights and Reflectors: By law, bikes must have a white front light visible from 500 feet and a red rear reflector (or light) visible from 600 feet when riding at night (RCW 46.61.780).

• Helmets: Unlike motorcycles, there is no statewide law requiring adults to wear helmets on bicycles. However, many localities in Washington (including some Eastern Washington cities and counties) have helmet ordinances, particularly for minors. Regardless of the law, wearing a helmet is strongly encouraged as it greatly reduces the risk of head injury. If an adult cyclist is not wearing a helmet and suffers a head injury, the defense might try to argue contributory negligence. Courts in Washington have varied on this – some may allow evidence of no-helmet to potentially reduce non-economic damages for head injuries, others might consider it irrelevant since it’s not mandated by law. It’s a gray area, but from a safety and claim standpoint, wearing a helmet is wise.

When a bicycle accident involves a motor vehicle, liability will hinge on negligence. Common scenarios include: a driver turning right across the path of a cyclist going straight (the “right hook”), a driver turning left and not seeing an oncoming cyclist, a driver pulling out of a driveway or stop sign without yielding to a bike, or a driver passing too closely or sideswiping a cyclist. Less commonly, a cyclist might be at fault for, say, running a stop sign into traffic. Each case is fact-specific.

Comparative negligence can come into play: for instance, if a cyclist didn’t have a required light at night and was hit by a car whose driver also wasn’t paying full attention, both could share fault. Even if you think you as a cyclist did something wrong, Washington law might still allow you to recover a portion of your damages if the driver was also negligent .

An important aspect unique to bikes is the concept of “doorings” – a cyclist riding next to parked cars may be injured if a driver flings a car door open into the cyclist’s path. Washington law (and many city ordinances) say that people opening car doors have a duty to check that it’s safe (for passing traffic, including bikes) and not leave the door open longer than necessary (RCW 46.61.620 covers not opening doors into moving traffic unsafely). In a dooring accident, typically the person who opened the door is considered at fault, not the cyclist.

Also, road conditions can cause bike crashes – such as potholes, unsafe drain grates, or debris. If a road hazard causes a cyclist to crash without another vehicle involved, a claim could potentially be made against the entity responsible for maintaining the road (city, county, etc.) if they were negligent in road upkeep. Those cases are challenging, as governments have some immunities and notice requirements (and often argue the cyclist should have seen the hazard). But if, say, a city knew of a dangerous bike lane pothole and didn’t fix it in a reasonable time, they might be liable for resulting injuries.

What to Do After a Bicycle Accident

If you are a cyclist hit by a car (or involved in an accident due to a hazard), here’s what you should do:

• Call 911: If you are injured (or even suspect you might be), get medical help. Cyclists often suffer injuries that require immediate attention (broken bones, head injuries). Have police come to document the incident as well. Even if the driver says “I’m sorry, let’s not involve police,” insist on making an official report. Shock and adrenaline might mask how hurt you are.

• Get Driver Information: Just as in any car accident, exchange information with the driver: name, contact, insurance details, and vehicle license number. If the driver flees (a hit-and-run), try to get the license plate or any identifying details, and ask witnesses to help. Police may later track down the hit-and-run vehicle, but if not, note that your uninsured motorist coverage can cover a hit-and-run injury to you on a bike .

• Collect Evidence: If you can, take photos of the scene. Include the car and bike positions, damage to your bicycle (bent wheels, etc.), and any skid marks or debris. Also photograph the driver’s car damage, as that can indicate how the impact occurred (e.g., side of car vs. front). If the collision was at an intersection, get shots of the traffic signals or signs. All this can help piece together what happened later.

• Check for Witnesses: Often other drivers, pedestrians, or cyclists may have seen the crash. Get their names and phone numbers if possible. Independent witness statements can greatly support your version of events, especially if the driver later downplays their fault.

• Preserve Your Bike and Gear: Do not rush to fix your bike. Keep it in the damaged state as evidence. The pattern of damage can be examined by experts to corroborate crash dynamics. Likewise, keep your helmet (especially if it’s cracked) and any torn clothing/shoes. These items can illustrate the severity of the impact. We have, for instance, presented a cracked bicycle helmet in negotiations to show how close our client came to a fatal head injury – very compelling for adjusters and juries.

• Seek Medical Care: Follow up on every injury, no matter how minor it seems. Cyclists may sustain concussions or soft tissue injuries that are easy to ignore in the moment. Prompt treatment creates an important record. If you experience pain in the days after the crash, see a doctor. For example, knee or wrist pain from bracing in a fall might only become obvious later – don’t tough it out, get it checked and documented.

• Report the Accident: In addition to the police report, it can be helpful to report the incident to city authorities if road design was a factor (e.g., if poor signage or a known dangerous intersection was involved). While this may not directly affect your claim, it can prompt safety reviews. If you believe a road defect caused or contributed to your accident, definitely report it to the agency in charge (and your attorney can formally put them on notice of a claim).

• Don’t Negotiate Solo: You may be contacted by the driver’s insurer. As with other accidents, it’s wise not to give a recorded statement or accept any settlement without legal advice. Insurers might argue, for example, that you were in the wrong gear or not visible enough – things that an attorney can counter. Politely refer them to your attorney once you have one, or at least delay until you consult one.

One additional step: if your bike or equipment is expensive (many cyclists have bikes worth thousands of dollars), itemize the property damage. The driver’s insurance should cover the repair or replacement of your bike and gear. Keep receipts or valuations of your bicycle, helmet, cycling computer, etc., that were damaged. We’ll include those in your claim.

Pursuing a Bicycle Accident Injury Claim

When pursuing compensation for a bicycle accident injury, you’ll generally be dealing with the at-fault driver’s auto insurance.

When pursuing compensation for a bicycle accident injury, you’ll generally be dealing with the at-fault driver’s auto insurance. The types of damages you can recover are the same as for other traffic accidents – medical expenses, lost income, pain and suffering, and property damage (your bike and gear).

One thing to emphasize in bike cases is often the hobby/activities aspect. Many cyclists are avid riders who can no longer enjoy cycling after an accident, at least for a long time during recovery. That loss of quality of life is a real damage. We often include how the injury affected our client’s ability to engage in cycling and other physical activities. For example, if you were training for a charity bike event or simply used your bike to commute every day to work and now you can’t, those are significant life impacts to communicate.

Another aspect: some drivers’ insurers might initially argue the cyclist wasn’t visible or wasn’t wearing bright clothing, etc. However, Washington law does not require cyclists to wear high-visibility gear (though it’s a good idea). If you had proper lights at night and followed the rules, lack of a neon vest doesn’t equal negligence. We will counter any such arguments vigorously, possibly using expert testimony on typical visibility and reaction times.

If a vehicle defect or equipment failure contributed (for instance, your bike’s fork collapsed due to a manufacturing defect when the car hit you, worsening your injuries), there could be a product liability angle. These are rare but we keep an eye out.

Statute of limitations: same three-year limit for personal injury applies . If a government vehicle was involved (like you were hit by a city bus), then a notice of claim has to be filed within the applicable period (usually 60 days before suing the government).

Often, bike accidents can be resolved through insurance claims without trial, but we prepare every case for the possibility of litigation. If liability is contested, we might hire an accident reconstructionist to produce a report or animation showing how the collision occurred. Our experience is that thorough preparation leads to better settlement offers.

Why Church, Page, & Gailan is the Best Firm for Bicycle Accident Cases

Church, Page, & Gailan has a strong commitment to protecting vulnerable road users like bicyclists. We bring a combination of legal prowess, investigative skill, and genuine care that is hard to match. Here’s why we excel in representing injured cyclists:

• Understanding of Cycling Dynamics: Our attorneys make it a point to understand cycling from the rider’s perspective. We know about concepts like taking the lane, the dangers of dooring, and the physics of a bike crash. This helps us rebut common misconceptions. For example, if an insurance adjuster tries to claim “the cyclist came out of nowhere,” we can often show that’s unlikely if the cyclist was traveling at a normal 15-20 mph and visible down the road. We also work with cycling experts when needed to explain how a crash likely happened.

• Experience with Serious Injury Cases: Bicycle collisions can cause life-changing injuries such as traumatic brain injuries (even with a helmet), spinal injuries, or severe orthopedic trauma. Our firm has handled numerous catastrophic injury cases. We know how to prove long-term damages and we won’t be intimidated by high stakes. Our record of recovering millions for injured clients in Washington proves that we fight hard for full compensation .

• Local Advocacy and Safety Knowledge: Being based in Eastern Washington, we know the local roads and biking conditions. If your accident happened on the Greenway trail crossing or a downtown Spokane street, we likely have context for that area. We’re also familiar with local traffic patterns (like harvest season truck traffic on rural roads) that might be factors. This local knowledge can be advantageous in building your case. Additionally, by handling these cases, we contribute to making our communities safer. Holding negligent drivers accountable encourages all drivers to be more cautious around cyclists.

• Personalized Client Attention: We understand that after a bike accident, you’re dealing with physical pain and possibly anxiety about riding again. Our team treats clients with compassion and respect. We’ll help guide you through medical treatment options (for instance, if you need a specialist or therapist, we may know resources). We keep our caseload such that each client gets personal attention – you’ll talk to your attorney, not just a case manager. We’re here to answer questions like, “How will my medical bills get paid?” and “What if I can’t work for a while?” and we have the answers, whether it’s PIP coverage, sick leave coordination, or other solutions.

• Aggressive Representation Against Insurance Companies: Insurance companies sometimes act as though a cyclist’s claim is less important or try to exploit biases. With Church, Page, & Gailan representing you, the insurers quickly realize they must take the claim seriously. We will gather overwhelming evidence of the driver’s fault and the extent of your injuries. Our demand letters are comprehensive and backed by law and facts. If the insurer still lowballs, we will not hesitate to file a lawsuit and litigate aggressively. Our attorneys are skilled in deposing drivers and witnesses to pin down inconsistent stories and uncover the truth.

• Collaborative Team with Unique Skills: Within our firm, we have diverse skills – including a partner who is a former police officer and a partner who is a registered nurse. This means we can analyze accident reports critically (through the ex-officer’s eyes) and understand medical records deeply (through the nurse-attorney’s perspective). For a bicycle case, the police report might have shortcomings if the officer wasn’t familiar with bike law – we can address that. And medically, we ensure no injury or symptom you have is overlooked in the claim.

Church, Page, & Gailan operates on a contingency basis for bicycle accident cases, so you pay nothing unless we win compensation for you. We also front all case expenses (such as expert fees) so you are not burdened out-of-pocket. Our only goal is to achieve the best possible result for you, to help you recover financially and move forward with your life.

Call to Action: If you’ve been injured in a bicycle accident caused by a negligent driver or hazardous condition, contact Church, Page, & Gailan at 1-509-638-1414 for a free consultation. Our experienced team will evaluate your case and explain your rights under Washington law. We have the expertise to hold drivers accountable and the dedication to maximize your recovery. Reach out through www.churchpagegailan.com or call us anytime – we are ready to help you get back on your feet and back on your bike with the compensation you need and deserve.