Common Misconceptions About Bicycle Accident Claims in Washington

If you’ve ever been hit while riding your bike (or know someone who has) you’ve probably heard a lot of opinions about what you can and can’t do legally. But here’s the thing: much of what people think they know about bicycle accident claims in Washington just isn’t true.

These misconceptions can cost you time, money, and peace of mind. So, let’s cut through the noise and lay out what actually matters because when it comes to getting justice after a crash, clarity is everything.

Misconception #1: The driver is always at fault

This one’s tricky. People tend to assume that if a car hits a bicycle, it must be the driver’s fault. And often, that’s true; cars fail to yield, make careless turns, or flat-out don’t see cyclists. But cyclists also make mistakes that can lead to crashes. Fortunately, fault in Washington is determined based on comparative negligence, which means both parties can share responsibility.

If you ran a stop sign or were riding at night without lights, you might be found partially at fault. That doesn’t mean you lose your claim (you can still recover damages) but your compensation will be reduced based on your percentage of fault.

So don’t assume it’s open and shut. And definitely don’t assume the insurance company will see things your way.

Misconception #2: Cyclists don’t have the same rights as drivers

Actually, under Washington law, bicyclists have the same rights (and the same responsibilities) as someone driving a car or truck. You’re allowed to ride on most roads, you’re entitled to your lane, and drivers are supposed to treat you like any other vehicle.

But in practice? That respect doesn’t always carry over. Many drivers act like you’re just “in the way,” which can lead to major accidents.

The good news is that the law is on your side. If you’re struck by a vehicle while riding lawfully, you have every right to seek compensation, just like any other road user.

Misconception #3: You can’t file a claim if you weren’t wearing a helmet

Washington doesn’t have a statewide helmet law for adults, but many local jurisdictions (like Seattle and Tacoma) do require helmets. But even if you weren’t wearing one when the crash happened, that doesn’t automatically kill your claim.

The other side might argue that not wearing a helmet contributed to your injuries, especially if you suffered a head injury. But again, it comes down to comparative negligence. You might see a reduction in compensation, but you can still pursue your case.

In other words: no helmet doesn’t mean no hope.

Misconception #4: You don’t need a bicycle accident lawyer if you have bike insurance

Some cyclists carry special bike insurance policies, and some homeowners’ or renters’ policies offer limited protection. But these policies rarely provide the kind of coverage you’ll need after a serious accident.

Even if you have insurance, don’t count on it to fully cover your medical bills, lost income, or long-term rehab. And when a motorist is involved, their insurance company will do everything they can to minimize your payout.

A bicycle accident lawyer helps level the playing field. They know the laws, the loopholes, and the tactics insurers use to pay you as little as possible. Without legal help, you could end up settling for far less than you deserve.

Misconception #5: If the driver wasn’t ticketed, you don’t have a case

This is a big one. People assume that if the police didn’t issue a citation, there must not have been any wrongdoing. However, the legal standard for fault in a civil case (like a personal injury claim) is different from the standard in traffic court.

Police officers often arrive after the fact. They may have to rely on incomplete evidence or conflicting witness statements. Just because they didn’t write a ticket doesn’t mean the driver wasn’t negligent, and it certainly doesn’t mean you can’t file a claim.

Your lawyer can gather evidence, bring in expert testimony, and build a case that shows what really happened.

Misconception #6: Minor injuries aren’t worth pursuing

Let’s say you were hit, but you were able to get up and ride away. Maybe you had some scrapes, a sore back, or a cracked helmet. No big deal, right? Until it is.

What seems minor right after a crash can turn into chronic pain, soft tissue damage, or a herniated disc. Adrenaline masks symptoms. And without medical documentation from the start, you might have a hard time connecting those issues to the accident down the road.

Even if you feel okay, it’s worth seeing a doctor and speaking with a lawyer. That way, you’re covered if those “minor” injuries turn into something more.

Misconception #7: You have unlimited time to file a claim

In Washington, you generally have three years from the date of the accident to file a personal injury claim. But that doesn’t mean you should wait.

The longer you delay, the harder it is to gather evidence. Witnesses forget details. Traffic cam footage gets deleted. And insurance companies love to see delays. They’ll use them to argue that your injuries weren’t serious or weren’t related to the crash.

So, yes, you’ve got time. But the clock’s ticking. The sooner you act, the stronger your case will be.

Misconception #8: Cyclists are always assumed to be reckless

There’s a stigma, especially in cities, that cyclists are rule-breakers, running red lights, weaving through traffic, and ignoring stop signs. And yes, some riders push the limits. But that doesn’t mean every cyclist is at fault in an accident.

This stereotype can bias insurance adjusters, jurors, and even police officers. That’s why it’s so important to have a lawyer who can cut through those assumptions and focus on the facts.

Your behavior may be scrutinized, but that doesn’t mean you’re automatically to blame.

The bottom line

There’s no shortage of bad information out there when it comes to bicycle accidents. And if you rely on myths instead of facts, you could end up walking away from the compensation you actually deserve.

If you’ve been hit while riding your bike in Washington, don’t assume. Don’t guess. Talk to someone who knows how these claims work and how to fight for what’s fair.

At Philbrook Law, we’ve helped cyclists across Washington recover after serious accidents. We’ll help you understand your rights, explore your options, and build a case that puts you on solid ground. Contact us today for a free consultation.