Missouri Bicycle Accident Laws Explained: What Cyclists Should Know
Missouri law treats bicycles that operate on state roadways the same as other vehicles. Under RSMo § 307.188, the rights and responsibilities of a bicyclist riding on a Missouri roadway are the same as those of any other driver. However, there are a few exceptions that are made by the law.
Key Takeaways:
- Rights and responsibilities are equal: The legal protections afforded to a bicyclist who uses a public road in Missouri is the same as other drivers.
- 3-foot passing rule: When passing a bicyclist on the roadway, drivers must allow a clearance of 3 feet or greater. This statewide rule has been enacted with the intent of preventing and reducing collisions involving bicyclists.
- Assigning fault: In the event of a collision between a bicycle and another vehicle, fault will be assigned based on the evidence and factors that led to the incident.
- Comparative fault: In a collision, a bicyclist is eligible under Missouri’s comparative fault rules to recover damages even if he or she is found partly responsible.
- Statute of limitations: Missouri personal injury claims are required to be filed within five years of the accident, which makes timely legal action important.
It is important for riders and other drivers to understand Missouri laws concerning bicycles, especially when viewing them as any other vehicle. This not only helps everyone stay safe when sharing Missouri roadways, but also protects the rights of bicyclists who are injured in a crash.
Rights Under Missouri Bicycle Statutes
As mentioned above, RSMo § 307.188 (Missouri Bicycle Statutes) establishes that the rights of a driver of any vehicle such as a car, bus or truck etc. are the same as that of a bicyclist on a Missouri roadway. This also means that a bicyclist has the same duties and responsibilities as any other motorist. So, just like a driver, a bicyclist must obey traffic signals, signs and lane markings. They are legally entitled to use the roadway and motorists are required to follow the rules such as the “3-foot rule,” which are in place to protect bicyclists.
Riding Position on the Roadway
Bicyclists are generally required to ride as close as is safely possible to the right-hand side of the road. But Missouri law also recognizes a number of important exceptions, including situations when a bicyclist is:
- Preparing to make a left turn
- Trying to avoid hazards on the roadway such as potholes, trash, other parked cars, etc.
- Using a lane that is too narrow for a bicycle and another vehicle to travel side by side
In these scenarios, the law allows bicyclists to legally occupy the full lane.
Riding on Sidewalks
Missouri generally prohibits bicyclists from riding on sidewalks in business districts, unless a city or local law specifically allows it. This restriction is defined in RSMo § 300.347, and the intent here is to protect pedestrians in high-traffic zones.
Required Safety Equipment
Missouri law requires bicycles to be equipped with specific safety features when bicyclists ride at night or under insufficient light conditions. These requirements are meant to improve stopping ability and visibility while reducing the risk of a crash. Please remember that an injured bicyclist’s claim is also strengthened here under RSMo § 307.183 and RSMo § 307.185.
| Equipment | Missouri Requirement (Citations: § 307.183 / § 307.185) |
| Brakes | Must bring the bicycle to a complete stop within 25 feet from 20 mph |
| Front light | Headlamp must be visible from at least 500 feet ahead |
| Rear reflector | Must be visible from 600 feet when illuminated |
| Side/pedal reflectors | Amber or white reflectors must be places on the bicycle’s sides and pedals for lateral visibility |
Critical Road Rules for Drivers and Bicyclists
Missouri law specifies certain rules of the road relating to bicycle safety and liability that are applicable following a collision:
The “dead red” law (§ 304.285): The state’s “dead red” law essentially allows a bicyclist to go through a red light after coming to a complete stop, but only when the signal fails to detect the bicycle. If the light does not change to green in a reasonable time and the intersection is clear, the bicyclist may proceed, if it is safe to do so. This exception recognizes that traffic sensors are often calibrated to recognize only motor vehicles and may sometimes fail to detect a bicycle.
Safe passing of bicycles (§ 304.678): Drivers are required to pass bicycles at a safe distance and may not return to the right side of the roadway until they clear the bicyclist safely. Missouri law does not define what the “safe distance” is, but three feet is widely recognized as the safety standard. This number is often used in courts and by law enforcement when they evaluate driver negligence or carelessness in bicycle accident cases.
Hands-free law (Siddens Bening Act): This law makes holding or manually using a cell phone while driving a primary offense. In a crash, any evidence of the driver texting or talking into his or her phone at the time can help establish negligence and substantially strengthens the injured bicyclist’s claim.
Determining Fault and Compensation
Missouri follows a “pure comparative fault” system when it comes to liability in bicycle accident cases. Fault is divided among all the parties who are involved. So, the injured bicyclist’s compensation may only be reduced by the percentage of fault that is assigned to them. Even if a bicyclist is determined to be mainly at fault, the law does not prohibit them from seeking or recovering monetary damages. This is a critical protection that Missouri law affords to injured bicyclists.
This rule is particularly important in bicycle accident cases where drivers and insurance companies try to shift blame by attributing the crash to poor visibility, lane position, minor equipment violations, etc. Comparative fault helps ensure that the focus remains on each party’s actual behavior such as speeding, distracted driving and unsafe passing, to mention a few negligent factors.
For example, if a jury finds you 25% at fault for riding without a required light, but finds the driver 75% at fault for speeding and failing to pass at a safe distance, you may still recover 75% of your total damages.
Statute of Limitations in Bicycle Accident Cases
In Missouri, most bicycle accident claims must be filed within five years from the date of the crash. Missing this deadline can potentially bar any recovery. In such instances, an injured bicyclist may be prevented from filing a lawsuit even if the evidence in his or her case is strong. Please remember that acting in a timely manner helps preserve evidence in the case and the right to fair and full compensation.
Secure Your Recovery Under Missouri Law
After a bicycle accident, protecting your rights begins with collecting and preserving evidence that can help make your case stronger. Police reports help establish how the crash occurred. Photos help show vehicle positions and roadway conditions at the time of the crash. Eyewitness statements can help corroborate your account. A witness, for example, can confirm if the other driver was distracted, speeding or passed the victim in an unsafe manner. Medical records can connect the facts of the case to your injuries and how they have had an impact on your life. Acting quickly ensures that this evidence is preserved before it is lost or eyewitnesses’ memories fade.
Insurance companies for defendants often try to minimize payouts, shift blame onto bicyclists or downplay victims’ injuries, among other tactics. Our Missouri bicycle accident lawyers step in to level the playing field and fight for our clients’ rights. We handle all communications, investigate the crash, work to preserve evidence and pursue all avenues of compensation on your behalf, so you can focus on healing from your injuries. If you or a loved one has been injured in a bicycle accident in Missouri, call us for a free consultation to protect your rights.
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.