When a bicycle accident involves a motor vehicle, the aftermath can be devastating. Cyclists are vulnerable to serious injuries, and in many cases, the fault lies with the motorist. Unfortunately, proving fault in a bicycle accident isn’t always straightforward. That’s why building a strong case supported by the right evidence and legal strategy is essential.
Missouri’s laws regarding personal injury and negligence allow injured cyclists to seek compensation, but the burden of proof rests on the injured party. At The McCallister Law Firm in Kansas City, Missouri, the legal team offers practical, actionable strategies for proving fault in bicycle accident cases, from gathering evidence to collaborating with the right professionals.
Fault and Negligence in Missouri
Before getting into strategy, it helps to understand how fault is viewed in Missouri. The state follows a pure comparative fault rule, which means each party involved in an accident can be assigned a percentage of fault. A cyclist can still recover damages even if they were partly responsible, but the compensation is reduced based on their percentage of fault.
So, proving fault doesn’t necessarily mean proving the driver was 100% responsible. It means presenting a case that clearly shows the driver’s actions were a major cause of the crash and that your role, if any, was minimal or justified. To do that, you’ll need a combination of facts, documentation, and professional knowledge.
Collecting Evidence from the Scene
The most valuable evidence is often available right after the accident. Taking quick action can make a big difference in proving what happened and who’s to blame. The key types of scene evidence to gather include:
Photographs and videos: Document the location, street signs, traffic signals, weather, skid marks, damage to your bike, and your injuries.
Witness statements: If bystanders saw the crash, get their contact information and record their version of events if possible.
Police report: A responding officer’s report may contain valuable information about what occurred and who they believe was at fault.
Dash cam or surveillance footage: Check if nearby businesses, homes, or other vehicles recorded the accident.
Even if you’re injured and unable to collect everything yourself, ask a friend, family member, or bystander to help. The goal is to preserve the accident scene before it changes.
Proving the Driver’s Negligence
Once you’ve gathered basic evidence, the next step is showing how the driver’s behavior caused or contributed to the crash. This means highlighting what they did wrong, whether through careless driving, distraction, or disregard for traffic laws. Some examples of negligent driving behavior include:
Failing to yield at intersections: Many crashes happen when drivers don’t yield the right-of-way to cyclists, especially when turning left or pulling out of driveways.
Distracted driving: Using a phone, adjusting the radio, or eating behind the wheel reduces a driver’s ability to notice cyclists.
Speeding or reckless driving: Excessive speed makes it harder to stop or react in time, especially around slower-moving bicycles.
Driving too close: Missouri law requires drivers to pass cyclists at a safe distance—violating that rule can point directly to negligence.
Ignoring traffic signals or signs: Running red lights or stop signs is dangerous for everyone, but especially for cyclists.
If you can link the crash to one or more of these behaviors, it strengthens your case considerably.
Using Traffic Laws to Support Your Case
Missouri traffic laws don’t just apply to drivers—they apply to cyclists, too. But drivers often overlook or misunderstand a cyclist’s rights. Showing how the driver broke the law or ignored those rights can help establish fault. Here are a few relevant traffic rules that support cyclists’ rights:
Right to the road: Cyclists have the legal right to use most roads in Missouri, just like cars.
Proper lane usage: Cyclists should ride as far to the right as practicable, but they’re allowed to take the full lane in certain situations.
Safe passing law: Motorists must leave at least three feet of space when passing a cyclist.
Turning rules: Drivers must yield to oncoming cyclists before turning left or right.
Pointing out specific traffic violations helps paint a clear picture of the driver’s responsibility. It also shows that you were following the law and acting responsibly at the time of the crash.
Working With Expert Witnesses
Sometimes, your word and a few photos aren’t enough, especially when the other party has insurance adjusters working against you. Expert witnesses can add credibility and depth to your claim by providing a professional perspective on the cause of the crash. There are a few types of expert witnesses that may help:
Accident reconstruction specialists: They can recreate the crash using physics, measurements, and scene analysis to show exactly what happened.
Traffic safety experts: These professionals understand the laws and safety practices and can explain how the driver violated standard practices.
Medical experts: They can testify about the nature and severity of your injuries and how they relate to the accident.
Bicycle mechanics or engineers: If a faulty bike component played a role, a specialist can speak to whether it was maintained properly or failed due to damage from the crash.
These experts can give judges or juries clear, unbiased explanations that support your version of events.
Keeping Detailed Records of Injuries and Treatment
Medical records don’t just help with the value of your claim—they also help prove how the accident happened. Injuries can often match the type of impact or show whether a vehicle struck you from the side, front, or rear. Some important documents and information you should collect include:
Emergency room and hospital records
X-rays, MRIs, or CT scans
Treatment notes and doctor’s evaluations
Photos of injuries during recovery
A personal journal of pain, recovery milestones, and limitations
These records can establish a timeline, document the seriousness of your injuries, and help prove that they were caused directly by the crash, not by a prior condition.
Dealing With Insurance Adjusters and Statements
After a bicycle accident, the driver’s insurance company may contact you for a statement. While it might seem like a routine call, be cautious. Adjusters may try to twist your words or downplay the driver’s role to protect their client and minimize the payout. Here are a few helpful tips for handling insurance communication:
Don’t give a recorded statement without legal advice
Avoid speculating about how the crash happened
Stick to the facts if you do speak
Never accept a settlement before talking to a lawyer
Let an attorney handle communication if possible
Even a seemingly harmless comment like “I didn’t see the car” can be used to suggest fault on your part. Stay focused, calm, and brief.
Proving Long-Term Impact on Your Life
In serious bicycle accident cases, proving fault isn’t just about what happened—it’s about how your life changed because of it. The more you can show how the crash affected your health, job, or relationships, the stronger your claim will be. Here are a few ways you can demonstrate the impact of the accident:
Work and income loss: Pay stubs, employer letters, or disability claims showing time missed from work or reduced ability to earn.
Lifestyle changes: Inability to exercise, commute by bike, or care for children as you once did.
Emotional and psychological toll: Documentation of therapy, depression, anxiety, or PTSD related to the crash.
Loss of enjoyment: Hobbies and activities you can no longer enjoy or participate in.
These types of losses, often called non-economic damages, can significantly increase your compensation and show the court the full picture.
Compassionate Legal Assistance
Proving fault in bicycle accident cases involving motorists can feel like an uphill battle, especially when you’re recovering from injuries. A skilled bicycle accident attorney can help you move forward. The McCallister Law Firm proudly serves clients in Kansas City, Missouri, during these tough times. Call today to get started with a free consultation.
