Your rights as a cyclist in Missouri

Missouri law gives bike riders “all of the rights” of a driver on streets and highways, along with the same duties (RSMo § 307.188). This covers bicycles, electric bicycles and motorized bicycles. The exceptions are a few special bike rules, and rules that cannot sensibly apply to a bike. In short, a cyclist is part of traffic, not in the way of it.

Drivers have a specific duty too. A driver passing a bike going the same way must leave a safe distance and keep that space until safely past (RSMo § 304.678). Breaking this rule is an infraction, which is a minor violation. If it causes a crash, it is a class C misdemeanor, which is a minor crime.

Where a cyclist may ride

Drivers and adjusters often get this wrong. A cyclist going slower than traffic rides as far right as is safe (RSMo § 307.190). But the law lists exceptions:

• When making a left turn.
• When avoiding hazards.
• When the lane is too narrow to share with another vehicle.
• On a one-way street.

Cyclists may ride two side by side when they are not holding up traffic.

Bike light rules and how insurers use them

From a half hour after sunset to a half hour before sunrise, Missouri requires (RSMo § 307.185):

• A white front light you can see from 500 feet.
• A red rear reflector or light you can see from 600 feet.
• Reflective material or lights you can see from the front, back and sides at set distances.

After a night crash, the insurer will ask if your bike met these rules. A missing light can support a share of fault, but only if it helped cause the crash. A driver who was looking at a phone, or passed too close on a bright street, cannot blame a reflector that made no difference. Under Missouri’s shared-fault rule, any share put on you lowers your damages, but it does not end your claim.

Common bicycle crashes

• The unsafe pass. A driver clips you or forces you off the road while passing (§ 304.678).
• The right hook. A driver passes you, then turns right across your path.
• The left cross. An oncoming driver turns left into you instead of yielding (RSMo § 304.351).
• The door. Someone in a parked car opens a door into your path.
• The hit-and-run. The driver leaves. Your own auto policy, or a household member’s, may have uninsured motorist coverage. See uninsured motorist claims.

Some crashes are caused by bad roads. A claim against a government body for a dangerous road follows different rules, including its own notice rules, so it needs an early review.

Your injuries and what the claim covers

A cyclist has nothing between the body and the car. Broken collarbones, wrists and hips are common, along with face injuries, broken teeth and concussions. Many riders miss weeks or months of work. Some can never go back to the sports and exercise that were part of their lives. Missouri law allows you to recover for:

• Medical bills.
• Lost pay and lost future earning power.
• Pain, disability and the loss of things you enjoyed.
• Your damaged bike and gear.

What a claim is worth depends on the medical proof and the proof of fault.

Building your claim

Often no one sees a bike crash except the two people involved, and the driver’s story usually reaches the police report first. Harjot Singh Padda, JD looks for proof that sets the record straight. That can include helmet or handlebar camera video, and cycling app data showing speed and route. It also includes damage to the bike and car, and nearby video. Keep your bike, helmet and clothes as they are, because they are evidence.

The firm handles bicycle cases on a contingency fee under a written agreement that sets out the percentage and how costs are handled. The general deadline to file is five years (RSMo § 516.120).

Common questions

Related reading

• Pedestrian accident claims
• Car accident claims
• Talking to insurance adjusters
• Contingency fees explained