Insurance adjusters and at-fault drivers typically count on one factor following a collision: the bicyclist being unaware of the laws that protect them. Knowing what the law states – not what someone tells you it says – can help ensure you are fully compensated rather than left empty-handed.

Myth: cyclists must ride on the sidewalk

This argument is made frequently by drivers who perceive sidewalks as a “safer” place for cyclists. In reality, in most cities across the country, it is actually illegal for adult cyclists to ride on the sidewalk, and for good reason. The practice, which helmet laws often unintentionally encourage to avoid riding in traffic, has been shown to be far more dangerous for cyclists and other road users. When cyclists enter a crosswalk from the sidewalk, they are moving faster and at a direction drivers don’t anticipate. Intersection collisions increase. The road is exactly where cyclists belong, and in most places, that is also the law.

Myth: taking the lane is obstruction

Sometimes people driving behind cyclists forget that the cyclist has a legal right to use the lane, just as they do. They’re not there to antagonize drivers or slow them down. They recognize that often the best thing they can do for everyone’s safety is to encourage that drivers change lanes to pass them, instead of trying to squeeze by when there isn’t enough room. Many wouldn’t do it if they had a choice. But they’re consigned to use a dangerous lane or there’s no alternate route. If you can’t see a clear stretch of roadway ahead before you encounter them, please don’t honk or curse them for slowing you down, and don’t assume they’re not being courteous for letting a line of cars build up behind them. They might not be able to safely move over, and they have the same right to be there.

Myth: partial fault means no compensation

Many injured cyclists shy away from claims, resisting pursuing their right to fair compensation, because they’re under the impression that if they bore any liability during the incident, they forfeit their right to recovery. It’s a deeply harmful urban myth that allows many reckless drivers to get off scot-free. If there’s one sure definition of bad faith, it’s doing your dangdest to get vulnerable road users to grant you total immunity for your mistakes.

The good news is that in many areas, under a legal principle known as modified comparative fault or negligence, the injured party can still recover damages in these circumstances – they’re just reduced by their percentage of fault. Being 15% responsible for a crash doesn’t forfeit the claim. It reduces the recovery by 15%. Simple. Clear. Fair.

The most important factor in the whole process is bringing the whole incident into the legal record. After your health has been taken care of, getting a police accident report is the most concrete way of doing so. If you then decide to explore your legal options, consulting a bike accident lawyer early on is worth it. The way these myths are used against you is sometimes hard to spot if you don’t know the games.

Myth: no helmet means no case

The helmet defense comes up in many head injury cases. But a cyclist with a severe head wound probably wouldn’t be alive to file suit if they had opted to forego a helmet. Helmetless cycling isn’t shown to be particularly more risky than helmeted cycling overall, but in collisions with cars, a helmet probably won’t make much difference. An impact severe enough to fracture a helmet is unlikely to leave the cyclist with merely a minor head injury instead.

If you have a dooring or bad-pass case and the motorist is claiming that your injuries wouldn’t have happened had you decided to wear some foam hat, that is pure speculation on the driver’s part. This is a car crash case, not a fashion show.

Myth: helmet laws and traffic rules are the same everywhere

They’re not, and conflating them causes real confusion. Helmet laws vary widely – some apply only to minors, some don’t exist at all. Traffic control devices, on the other hand, apply to cyclists the same way they apply to drivers: signals, stop signs, and lane markings are not optional.

Vulnerable road user laws add another layer. Many jurisdictions have enacted statutes that place a higher standard of care on drivers specifically when sharing the road with cyclists. These laws don’t give cyclists a free pass on traffic rules, but they do shift the baseline expectation of driver behavior upward.

Personal injury protection coverage is another area where cyclists get surprised. Depending on the jurisdiction and the policy, PIP coverage from a household auto policy can extend to a cyclist in a crash even when they weren’t in a vehicle.

Last modified: April 9, 2026