Cyclists have the same right to Delaware roads as drivers — and when a car hits a bike, the cyclist almost always loses physically. What most injured cyclists do not know: auto insurance often covers you even though you were on a bike. The striking vehicle’s PIP typically pays your initial medical bills regardless of fault, and the driver’s liability coverage pays for the harm they caused.

Delaware Bicycle Accident Claims: Key Facts

  • PIP covers struck cyclists: A cyclist hit by a motor vehicle is generally covered by that vehicle’s PIP (21 Del. C. § 2118) – no fault required.
  • Your household auto policy may help too: UM/UIM coverage from your own or a resident relative’s policy can apply if the driver flees or is underinsured.
  • Comparative negligence: Drivers often blame the cyclist. You recover unless your share of fault exceeds the defendants’ (10 Del. C. § 8132).
  • Deadline: 2 years (10 Del. C. § 8119).

Common Delaware Bike Crash Scenarios

Most serious bike crashes we see follow patterns: right-hook and left-cross turns across a cyclist’s path, drivers passing too closely, doorings in Wilmington and Newark, and intersection failures along Route 9, Route 13, and the beach routes in Sussex County. Helmet use, lighting, and lane position become battlegrounds – we reconstruct the crash and push back on cyclist-blaming.

Related: Pedestrian Accidents, Car Accidents, Hit-and-Run Accidents.

Bicycle Accident FAQs

I do not own a car. Can I still get PIP benefits?

Usually yes – the vehicle that hit you provides PIP coverage for a struck cyclist. Household policies may provide additional coverage layers.

I was not wearing a helmet. Does that hurt my case?

Delaware does not require adult cyclists to wear helmets, and helmet nonuse does not cause crashes. Insurers raise it anyway; its legal impact is limited and we handle that fight.

The driver’s insurer already called me. What do I say?

Nothing yet. Do not give a recorded statement before speaking with a lawyer – early statements are used to build comparative-fault arguments against cyclists.

Injured riding your bike? Call (302) 297-7775 for a free consultation. No fee unless we recover.