Bicycle Accident Lawyer in California
Hit by a vehicle while riding a bicycle anywhere in California? You generally have two years to file an injury claim — and as little as six months if a government vehicle or a dangerous public road or bike lane was involved. Talk to us before you speak to the driver’s insurer.
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California legal deadlines
In California you generally have
2years
from the date of the collision to file a personal injury lawsuit (Code of Civil Procedure § 335.1)
6months
to file a written government claim if a public vehicle or agency was involved (Government Code § 911.2).
The six-month deadline can also apply when a dangerous road or bike-lane condition kept by a public entity caused or contributed to the crash (Government Code § 835). Keep the bicycle, helmet and gear exactly as they are — they are evidence.
California treats a person riding a bicycle on a roadway as having the same rights, and the same duties, as the driver of a vehicle (Vehicle Code § 21200). You were entitled to be on that road, and the claim starts from there.
Miss the deadlines above, though, and a strong case can end before it starts. That is the most common reason good claims fail in this state.
The Same Rights as a Driver, and None of the Protection
A cyclist has no bumper, no airbag and no seatbelt. A turn or a pass that would only scrape another vehicle can put a rider on the pavement with a broken collarbone or a head injury, and the hospital bills start before anyone has decided who was at fault.
Most riders are still in treatment when the driver’s insurance adjuster first calls. That call is not a courtesy. Adjusters are trained professionals measured on what a claim costs the insurer. The friendly tone is real; so is the objective.
The questions are predictable. Were you in the bike lane? How far from the curb were you riding? Did you have lights? Were you wearing a helmet? Each one is aimed at moving a share of the fault onto you, often by suggesting you should not have been in the lane at all.
None of that is a verdict. It is an opening position, and it moves when the file is documented and the insurer understands the case can be tried.
California law is also more specific about bicycles than most people expect. There are rules on how a driver must pass a rider, where a cyclist may position in the lane, who is responsible when a door opens into traffic, and who must wear a helmet. Knowing them is the difference between negotiating and guessing.
California Bicycle Accident Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Deadline to sue for injuries | 2 years from the date of the collision (Code of Civil Procedure § 335.1). The same two-year period applies to a wrongful death claim, running from the date of death. |
| Deadline for the bicycle and other property | 3 years from the date of the collision for damage to your bicycle, helmet, electronics and gear (Code of Civil Procedure § 338). This is a separate clock from the injury deadline. |
| Claims involving a government vehicle, agency or roadway | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This covers city buses, police and public-works vehicles, and dangerous road or bike-lane conditions. |
| Cyclists have the rights of a driver | A person riding a bicycle on a roadway has all the rights and is subject to all the duties of the driver of a vehicle (Vehicle Code § 21200). Being on a bicycle is not, by itself, any evidence of fault. |
| Passing a cyclist | The Three Feet for Safety Act requires at least three feet of clearance (Vehicle Code § 21760). Since Assembly Bill 1909 took effect in 2023, a driver must move into an available adjacent lane to pass whenever it is feasible. |
| Where you may ride | A cyclist moving slower than traffic rides as close to the right as practicable, with broad exceptions for passing, preparing to turn left, avoiding hazards and lanes too narrow to share safely (Vehicle Code § 21202). Those exceptions cover most real streets. |
| Opening a door into traffic | A vehicle door may not be opened on the side of moving traffic unless it is reasonably safe to do so (Vehicle Code § 22517). The person who opened the door is generally responsible for a dooring collision. |
| Helmets | Required for riders and passengers under 18 (Vehicle Code § 21212). Adults are not required to wear one, and not wearing a helmet does not bar an adult’s claim. |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred even if you were mostly responsible. |
| The driver’s minimum insurance | Since January 1, 2025, California minimums are $30,000 per person, $60,000 per accident and $15,000 property damage (Senate Bill 1107, 2022). A serious cycling injury can exceed the per-person minimum quickly, so other coverage matters. |
| If the driver has no insurance or fled | Uninsured and underinsured motorist coverage on your own auto policy may respond even though you were on a bicycle, including in many hit-and-run cases. Insurers must offer it, but it can be declined in writing (Insurance Code § 11580.2), so check the declarations page rather than your memory. |
| If the injured rider is a minor | The two-year deadline is generally paused until the child turns 18 (Code of Civil Procedure § 352). Government claim deadlines are treated differently and should not be assumed to pause. |
Major Causes of Bicycle Accidents in California
The collisions that injure cyclists are predictable. Most happen on ordinary rides, most are over before the rider can react, and the cause usually maps onto a specific traffic law — which matters, because a violation is strong evidence of negligence.
Unsafe passing
A driver must leave at least three feet when passing a cyclist (Vehicle Code § 21760) and, since Assembly Bill 1909, must change into an available adjacent lane whenever it is feasible. Squeezing past in the same lane is the classic violation, and a sideswipe or a clipped handlebar is the usual result.
Right hooks
A driver overtakes a rider and then turns right across the bike lane or the rider’s path. The cyclist is travelling straight with nowhere to go. Damage to the side of the vehicle and to the front of the bicycle usually shows who moved into whom.
Left crosses
An oncoming driver turns left across a cyclist who is riding straight through. Drivers often say they never saw the rider. That is an explanation, not a defence: a bicycle on the roadway has the same right of way as any other vehicle (Vehicle Code § 21200).
Dooring
Opening a vehicle door on the traffic side when it is not reasonably safe is a violation (Vehicle Code § 22517). The door zone beside parked vehicles is also one of the hazards that allows a cyclist to ride further left (Vehicle Code § 21202).
Driveways, alleys and parking structures
Drivers pulling out look for cars, not bicycles, and roll across the bike lane or the sidewalk edge before stopping. Camera footage from nearby businesses and homes often settles these cases, but it is overwritten quickly.
Distracted and impaired driving
California bans holding a phone while driving and bans texting outright (Vehicle Code §§ 23123, 23123.5), and driving with a blood alcohol level of 0.08% or higher is illegal (Vehicle Code § 23152). A narrow bicycle is the first thing a distracted or impaired driver fails to notice.
Speeding and unsafe speed
The basic speed law (Vehicle Code § 22350) prohibits driving faster than is safe for conditions, even under the posted limit. For a rider with no protection, the speed of the vehicle at impact largely decides how serious the injuries are.
Bike-lane and road-surface hazards
Sometimes there is no driver at all: a pavement gap, an unmarked utility cut, a sunken trench plate, debris or a badly designed lane puts the rider down. Where a public entity owned or controlled the roadway, a dangerous condition claim may be available (Government Code § 835), with the six-month deadline. Where a private contractor created the hazard, the claim runs against that company and its insurer.
Rideshare, delivery and commercial vehicles
Vehicles that stop in the bike lane to load or unload push riders out into traffic, and their passengers open doors without looking. When a company vehicle, bus or rideshare driver is involved, extra layers of law and insurance apply.
Electric bicycles
California generally treats an electric bicycle as a bicycle, with additional rules that depend on the type of e-bike and where it is ridden. Insurers often point to the rider’s speed in these cases, which makes physical evidence from the scene and from the bicycle itself especially important.
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Bicycle Accident Injuries We Represent
The injury drives the value of the claim, and insurers know which injuries are easy to dispute. A rider takes the impact twice — once from the vehicle and once from the road — and documentation from day one is what shows it.
Head and brain injuries
A concussion does not require losing consciousness, and a helmet reduces risk without removing it. Headaches, light sensitivity, irritability and difficulty concentrating are all reportable symptoms, and they often surface days later.
Collarbone, shoulder and wrist fractures
Riders instinctively put a hand out as they fall. Broken collarbones, wrists and elbows and separated shoulders are among the most frequent cycling injuries and often mean surgery, hardware and months away from work.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Complete or partial paralysis changes the entire structure of a claim, including future care costs.
Leg, hip and pelvic trauma
A bumper strikes a rider at leg height. Fractures of the tibia, femur, hip and pelvis frequently need surgical repair and long rehabilitation, and the lost-income component alone can exceed the medical bills.
Road rash, scarring and dental injuries
Sliding across asphalt strips skin and can leave permanent scarring; a fall onto the face can break teeth and the jaw. These injuries are sometimes waved off as cosmetic. They are compensable, including the cost of later revision and dental work.
Internal and handlebar injuries
A blow from the handlebar or the vehicle can cause internal bleeding and organ damage that is not obvious at the scene. This is the main reason we urge same-day medical evaluation even when you feel able to ride home.
Wrongful death
When a collision is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Post-traumatic stress, fear of riding in traffic and depression are real consequences of a serious collision and are compensable when properly diagnosed and documented.
After a bicycle crash in California: what to do
Get out of the roadway and call 911
Move out of traffic if you safely can. Officers sometimes treat a bicycle collision as a minor incident; ask for a written report and note the report number and agency.
Get checked the same day
Adrenaline masks injury. Concussions, handlebar injuries and wrist and collarbone fractures are frequently missed at first, and a gap in treatment is the first thing an adjuster points to.
Photograph the lane, not just the bike
Bike-lane markings, the door zone, debris, construction plates, signals and sight lines all matter, and they change within days. Photograph the driver’s licence, insurance card and plate, and your visible injuries.
Get witness names and numbers
Independent witnesses disappear quickly and are very hard to find later. A name and mobile number written down at the scene is worth a great deal months on.
Do not discuss fault at the scene
Exchange information and stay civil, but do not apologise or speculate. Fault is a legal conclusion that depends on evidence you do not have yet.
Keep the bicycle, helmet and gear
Do not repair, replace or discard them, and do not wash torn clothing. Damage patterns show the direction and force of the impact. Save any ride data from a bike computer, phone app or camera.
Do not give a recorded statement
You are not required to give the driver’s insurer a recorded statement. The questions will be about lane position, lights and your helmet, and the answers are used later to narrow your injuries and shift fault.
Keep every record
Bills, referrals, prescriptions, mileage to appointments, pay stubs showing missed work, repair or replacement estimates for the bicycle, and a short daily note on pain and limitations.
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Bicycle Accident Lawyer Today
If you were injured in a bicycle accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California bicycle accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, manage insurance communication, and move your claim forward.
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Schedule a Free Consultation with a California Bicycle Accident Lawyer
Do not wait to get legal help after a serious bicycle accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle bicycle accident claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Bicycle Accident Help Across California
This page covers the statewide rules. For the courts, police agencies and roads where your crash actually happened, start with the office closest to you.
Related practice areas
Some crashes fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
Being hit while riding a bicycle raises questions quickly: who was at fault, who pays the medical bills, and how long you have to act. Below are plain answers to the questions we hear most from injured cyclists across California. They are general information; a free consultation is the place to talk about your own situation.
Bicycle Accident Questions We Hear Most
What should I do immediately after a bicycle accident in California?
Call 911 and ask for a written police report, then get checked by a doctor the same day even if you feel able to ride home. Photograph the vehicle, the lane, signals and your injuries, and get witness names and numbers.
Keep the bicycle, helmet and gear unrepaired, do not discuss fault at the scene, and speak with a lawyer before giving the driver’s insurer a recorded statement.
How long do I have to file a bicycle accident claim in California?
Most injury lawsuits must be filed within two years of the collision (Code of Civil Procedure § 335.1), and claims for damage to the bicycle within three years (§ 338). If a city, county or state entity is responsible — for example a transit vehicle or a dangerous roadway condition — you generally have only six months to file a government claim (Government Code § 911.2). Insurance policies can have shorter notice deadlines, so call early.
Do I have to ride in the bike lane or at the edge of the road?
Not always. Vehicle Code § 21202 asks a cyclist travelling slower than traffic to ride as close to the right as practicable, but it contains broad exceptions for passing, preparing to turn left, avoiding hazards such as debris, parked vehicles or door zones, and for lanes too narrow to share safely.
Those exceptions cover a large share of real streets, so riding further out in the lane is often exactly what the law allows.
How much room must a driver give a cyclist?
At least three feet under the Three Feet for Safety Act (Vehicle Code § 21760). Since Assembly Bill 1909 took effect in 2023, a driver must also move into an available adjacent lane to pass whenever it is feasible, rather than simply leaving three feet. A pass that breaks either rule is strong evidence of negligence.
Do I need to have worn a helmet to have a claim?
No, if you are an adult. California requires helmets only for riders and passengers under 18 (Vehicle Code § 21212). Not wearing one does not bar an adult’s claim, though an insurer may argue it contributed to a head injury. That argument is handled under comparative fault, not as a defence to the whole case.
What if I was doored by a parked vehicle?
Opening a door into traffic when it is not reasonably safe is a violation of Vehicle Code § 22517, and the person who opened the door is generally responsible. These cases turn on documenting the door zone, the vehicle’s position and the point of impact quickly, because the vehicle is usually gone within minutes.
What if the crash was partly my fault?
You can still recover. California follows pure comparative fault, so your compensation is reduced by your percentage of responsibility rather than eliminated. If you are found 20% at fault, you recover 80% of your damages. Insurers often overstate a cyclist’s share of the blame, which is why the physical evidence matters more than either account of the crash.
What if the driver had no insurance or fled the scene?
Uninsured/underinsured motorist coverage on your own auto policy can apply to a cyclist struck by a vehicle, including in many hit-and-run cases, even though you were not driving. Coverage under a household member’s policy may also apply. Report the collision to police and notify your insurer quickly, because policies contain their own notice deadlines.
What if I crashed because of a pothole or a defect in the bike lane?
You may have a claim against the public entity that owned or controlled the roadway (Government Code § 835), or against a contractor that created the hazard.
Government claims are generally due within six months, and showing that the entity knew or should have known about the condition usually takes records that must be requested early. Photograph the defect with something for scale as soon as you can.
How much is my bicycle accident case worth?
It depends on the injuries and treatment, whether surgery is needed, how much income you lost, how clear fault is, and how much insurance is available.
Since January 1, 2025, California drivers must carry at least $30,000 per person in bodily injury coverage, but serious cases often require looking at additional policies, employer coverage or your own UM/UIM. Be careful with any early number an adjuster offers before treatment ends.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles bicycle accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.