Bicyclists have almost no protection in a collision with a motor vehicle. Kirshenbaum & Kirshenbaum has represented injured cyclists across Providence, Warwick, Cranston, and Newport for more than 90 years.
Table of Contents
- What Should I Do After a Bicycle Accident in Rhode Island?
- Do Rhode Island Cyclists Have to Wear Helmets?
- Who Has the Right of Way: Cyclists or Drivers?
- Common Causes of Rhode Island Bicycle Accidents
- What Compensation Can I Recover After a Bicycle Accident?
- What Is Rhode Island's Statute of Limitations for Bicycle Accident Claims?
- Why Choose Kirshenbaum & Kirshenbaum for Your Bicycle Accident Case
- Frequently Asked Questions
What Should I Do After a Bicycle Accident in Rhode Island?
- Get medical attention, even if you feel able to keep riding. Adrenaline can mask serious injuries.
- Call the police and request a written report, especially if a motor vehicle was involved.
- Photograph the scene, your bicycle, your gear, and any visible injuries before anything is moved or repaired.
- Get the driver's insurance and contact information if a vehicle was involved.
- Contact a Rhode Island bicycle accident lawyer before speaking with an insurance adjuster.
Parents dealing with an injured child face additional questions about medical care and long-term recovery; see our guide on tips for parents after a Rhode Island child's bike injury.
Do Rhode Island Cyclists Have to Wear Helmets?
Only riders 15 years of age or younger are required to wear a helmet in Rhode Island, under R.I. Gen. Laws § 31-19-2.1. Importantly, this same law states that failing to wear a helmet cannot be treated as contributory or comparative negligence and is not admissible as evidence in a civil case. In other words, even if you're an adult rider who wasn't wearing a helmet, an insurance company cannot legally use that fact to reduce your compensation or argue you share fault for your injuries.
Who Has the Right of Way: Cyclists or Drivers?![Warwick Bicycle Accident Lawyer | Kirshenbaum & Kirshenbaum]()
Rhode Island treats bicycles as vehicles under the law, meaning cyclists generally have the same rights and responsibilities as drivers, including the right to use the full roadway when necessary for safety. Bicyclists are required to ride as near to the right side of the road as practicable under normal conditions, but this doesn't eliminate a driver's duty to safely share the road, pass at a safe distance, and check for cyclists before turning or opening a car door.
Common Causes of Rhode Island Bicycle Accidents
- "Dooring" accidents, where a parked car's door opens into a cyclist's path
- Right-hook and left-hook collisions, where a driver turns across a cyclist's path
- Failure to yield at intersections and driveways
- Unsafe passing that doesn't leave adequate distance
- Road hazards, including potholes, debris, and poor lighting, which affect cyclists far more severely than motor vehicles
See our related guide for essential information from our Warwick bicycle accident lawyers for more on how these cases are typically built.
What Compensation Can I Recover After a Bicycle Accident?
Compensation in a Rhode Island bicycle accident claim typically includes medical expenses, lost wages, the cost of repairing or replacing your bicycle and gear, and pain and suffering. Because cyclists lack the protection of a vehicle frame, injuries like fractures, road rash, and head trauma are common even in relatively low-speed collisions, which can significantly affect the value of a claim.
What Is Rhode Island's Statute of Limitations for Bicycle Accident Claims?
Under Rhode Island General Laws § 9-1-14, you generally have three years from the date of the accident to file a personal injury lawsuit. Rhode Island's pure comparative negligence rule under R.I. Gen. Laws § 9-20-4 also means you can recover compensation even if you're found partially at fault for the crash, with your award reduced proportionally.
Why Choose Kirshenbaum & Kirshenbaum for Your Bicycle Accident Case
We understand that drivers and insurance adjusters often assume a cyclist was partly at fault simply because they were on a bicycle. We build our cases to confront that assumption directly, using police reports, witness statements, and, where available, traffic camera or dash cam footage to establish what actually happened. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Frequently Asked Questions
Can I recover compensation if I wasn't wearing a helmet?
Yes. Rhode Island law explicitly prohibits using a cyclist's failure to wear a helmet as evidence of negligence in a civil case, regardless of age.
What if the driver claims I came out of nowhere?
This is a common defense, but drivers have a legal duty to watch for cyclists just as they would for other vehicles. Evidence like witness accounts, road markings, and vehicle damage patterns can help establish what actually happened.
Am I allowed to ride on the sidewalk in Rhode Island?
Rhode Island generally allows bicycles on sidewalks unless local signage prohibits it, though a cyclist on a sidewalk has a pedestrian's rights and duties rather than a vehicle operator's.
What if I was hit by a driver who fled the scene?
You may have options for compensation through your own insurance policy's uninsured motorist coverage, depending on your policy terms. An attorney can review your coverage to identify what's available.
Do I need a lawyer if my injuries seem minor?
Bicycle accident injuries, including concussions and soft tissue damage, can be more serious than they initially appear. It's worth having a medical and legal evaluation even if you feel you can walk away from the accident.
If you or a loved one has been injured in a bicycle accident anywhere in Rhode Island, contact Kirshenbaum & Kirshenbaum today for a free consultation. There is no attorney's fee unless we recover compensation for you.
This content is for informational purposes only and does not constitute legal advice. Each case is unique, and past results do not guarantee future outcomes.
