Unsafe passing and close-pass bicycle accidents happen when a driver passes a cyclist too closely, clips the bicycle, forces the cyclist off the road, or creates a dangerous situation due to insufficient clearance.

These crashes often occur on narrow roads, in shared lanes, near shoulders, and when drivers misjudge spacing or speed.

This page explains how unsafe passing and close-pass bicycle accidents are evaluated under motor vehicle accident and personal injury law, how fault is determined, and when these crashes become legally actionable.

An unsafe passing or close-pass bicycle accident is legally defined as a crash or injury-causing event that occurs when a motorist passes a cyclist without providing the clearance required by applicable traffic laws or without passing safely under the circumstances.

These cases are governed by statutes and rules that require drivers to leave a safe buffer when overtaking a bicycle, often including “safe distance” or “three-foot/four-foot” passing requirements where applicable.

Liability analysis focuses on whether the driver breached a statutory duty to pass safely and with adequate clearance, rather than on subjective claims that the cyclist “should have moved over.”

Unsafe passing and close-pass crashes most often occur when drivers underestimate how much space a cyclist needs or attempt to squeeze past without changing lanes.

Common behavioral contributors include when a driver:

• Passes too closely without changing lanes
• Misjudges speed and distance while overtaking
• Attempts to pass in a narrow lane with oncoming traffic
• Drives aggressively or “buzzes” the cyclist
• Fails to account for wind, road debris, or shoulder conditions
• Clips handlebars, pedals, or the rear wheel during the pass

These patterns reflect how unsafe passing violations typically occur in practice, even on roads where cyclists are legally allowed to ride.

Liability in unsafe passing bicycle accidents is typically determined by analyzing whether the driver violated a passing-distance rule or otherwise failed to pass safely given the road and traffic conditions.

Key factors often include:

• Available lane width and whether a safe pass was possible
• Whether the driver changed lanes or moved over
• Speed differential at the time of the pass
• Evidence of contact (mirror strike, sideswipe, clipped wheel)
• Dashcam, helmet-cam, or surveillance footage
• Witness statements and police findings
• Citations for unsafe passing, improper lane change, or reckless driving

In many cases, proof that a driver passed too closely is strong evidence of fault. However, comparative negligence may apply if the cyclist’s lane position, lighting, or behavior becomes a disputed issue.

Unsafe passing accidents frequently cause serious injuries because cyclists may be knocked into traffic, forced into curbs, or thrown onto the roadway at speed.

Common injuries include:

• Head and traumatic brain injuries
• Broken bones and joint injuries (shoulder, wrist, hip)
• Spinal and soft-tissue injuries
• Road rash and lacerations
• Secondary injuries from being struck by another vehicle

Injury severity often affects the scope of damages and can increase the intensity of fault disputes, especially when insurers argue the cyclist “should have been farther right.”

Insurance disputes are common in unsafe passing cases because insurers often frame these crashes as cyclist positioning issues rather than driver clearance violations.

Common insurance challenges include:

• Claims that the cyclist was “too far into the lane”
• Arguments that the cyclist should have moved to the shoulder
• Disputes over whether the driver actually made contact
• Attempts to minimize fault by alleging poor visibility or lighting
• Conflicts between auto coverage, health insurance, and (sometimes) UM/UIM coverage

Because fault allocation drives coverage decisions, objective evidence showing insufficient clearance or unsafe lane behavior often makes the difference in how these claims are evaluated.

Involving a lawyer often becomes important when the driver denies passing too closely or when the case depends on evidence that may not remain available for long.

This commonly occurs when:

• The driver claims there was “enough room” to pass
• There is no clear contact evidence, but the cyclist crashed while avoiding the vehicle
• Video footage needs to be preserved (helmet cam, dashcam, surveillance)
• Injuries are serious and fault allocation will materially affect recovery
• An insurer shifts blame to cyclist lane position or visibility
• Witness statements conflict or need to be secured quickly

At this stage, legal involvement is typically focused on preserving evidence, applying the correct passing-distance rules, and preventing the claim from being framed around assumptions rather than statutory duties.

Unsafe passing bicycle accidents often overlap with other bicycle crash categories, including:

These categories can affect both liability analysis and the type of evidence that matters most.

The following resources explore issues that commonly arise in unsafe passing bicycle accident claims:

Unsafe passing and close-pass bicycle accidents raise important legal issues because traffic laws require drivers to overtake cyclists safely and with adequate clearance. These cases often turn on passing-distance duties, lane position, and objective evidence showing the driver created a dangerous passing situation.

This page provides an educational overview of how unsafe passing bicycle accidents are analyzed and how they fit within broader motor vehicle accident laws.