Pedestrian and Bicycle Accidents: Right of Way and Fault
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- Drivers generally must use reasonable care around people walking and cycling, but right-of-way rules differ by state and location.
- Pedestrians and cyclists can also be assigned a share of fault, for example for crossing mid-block or riding without lights at night.
- Coverage can come from the driver's liability insurance and from your own policies, including medical payments and uninsured motorist coverage.
- In hit-and-run crashes, your own uninsured motorist coverage may matter.
- Photos, witness details and prompt medical care help, and deadlines apply.
People on foot and on bikes have little protection if a vehicle hits them. Crashes can happen at crosswalks, intersections, driveways, parking lots and shared roads. After one, injured people often ask who had the right of way, whether they share blame and which insurance can help.
This guide explains the main ideas in plain English. It is educational only, and traffic and injury laws differ by state, so confirm the rules that apply to you.
Right of way basics
Right-of-way laws are written by each state and often by cities. In general, drivers must exercise reasonable care to avoid hitting pedestrians and cyclists, and many places require drivers to yield to pedestrians in marked crosswalks and at some unmarked crossings. Pedestrians also have duties, such as obeying traffic signals where they apply.
Bicyclists are treated in many states as road users with similar rights and duties to drivers, such as obeying traffic signals and riding in the direction of traffic, while some states add special rules for bike lanes and passing distances. Check your state's traffic code for details.
Shared fault
Even when a driver was careless, a court or insurer may argue that the person walking or biking also shared some blame. Examples include crossing between intersections, ignoring a signal, wearing dark clothing at night without lights or reflectors, or using a phone. Under comparative negligence rules, shared fault can reduce what is recovered, and in a few places it can bar recovery. See our guide to comparative negligence.
Common situations
- A driver turning at an intersection who does not see someone in the crosswalk.
- A vehicle backing out of a driveway or parking space.
- A driver opening a car door into a bike lane, often called dooring.
- A driver passing a cyclist too closely.
- Poor road design or lighting, which may involve a city or other government body.
Insurance that may apply
- The driver's liability insurance can pay for injuries if the driver was at fault.
- Your own health insurance can cover treatment and may seek reimbursement later.
- Medical payments or personal injury protection on an auto policy can sometimes cover a pedestrian or cyclist, depending on the policy and state.
- Uninsured or underinsured motorist coverage may help when the driver has no insurance, too little, or leaves the scene.
What to do after a crash
- Call 911 and get medical care. Do not skip treatment even if injuries seem minor.
- If it is safe, photograph the scene, the vehicle, the plate number, signals, crosswalk markings and your injuries.
- Get the driver's information and witness contact details.
- Ask for the police report number.
- Keep clothing, helmet and the bicycle as they are for documentation.
- Keep records of bills, missed work and symptoms.
Deadlines apply to injury claims and to claims against government bodies. Use our deadline finder as a starting point and confirm with current law.
Frequently asked questions
Do pedestrians always have the right of way?
No. Many places require drivers to yield in crosswalks, but pedestrians also have duties, and rules differ by state and location.
Can a cyclist be blamed for a crash?
Yes. Shared fault can apply to anyone, for example for ignoring a signal or riding without required lights at night.
What if the driver left the scene?
Report it right away. Your own uninsured motorist coverage, if any, may help. Check your policy.
Does helmet use affect a bicycle accident claim?
In some states it can be raised as shared fault, and in others it is limited or not allowed. It depends on your state.
Sources and references
- Road Safety: pedestrian, bicycle and motorcycle safety, National Highway Traffic Safety Administration (nhtsa.gov)
- Comparative negligence, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Statute of limitations, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Your state's official sources: the state legislature's online statutes, your state court system's self-help pages, and your state insurance department. Also check your state's traffic code for right-of-way rules.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.