California has more cyclists than almost any other state — and tragically, bicycle accidents are among the most severe personal injury cases we handle. When a cyclist is hit by a motor vehicle, the injuries are often catastrophic. This guide explains your legal rights after a California bicycle accident.
California Laws That Protect Cyclists
California law provides significant protections for cyclists:
- Three-foot passing law (CVC §21760): Drivers must give cyclists at least 3 feet of clearance when passing. Violation is a moving violation and strong evidence of negligence.
- Dooring protection (CVC §22517): It is illegal to open a car door in the path of approaching traffic, including cyclists.
- Bike lane rights (CVC §21209): Motor vehicles are generally prohibited from driving in designated bike lanes.
- Crosswalk protections: Cyclists riding in a crosswalk have the same rights as pedestrians.
- Helmet law for minors (CVC §21212): Riders under 18 must wear helmets; however, adult cyclists not wearing helmets can still recover damages (though their recovery may be reduced under comparative negligence).
Who Is Liable for a Bicycle Accident?
Multiple parties may be liable depending on how the accident occurred:
- Negligent drivers: The most common scenario — driver fails to yield, cuts off cyclist, opens door without looking, or is distracted/impaired
- Government entities: Dangerous road conditions (potholes, unmarked hazards, missing signage) can create liability for the city or county responsible for road maintenance
- Property owners: Defective driveways, parking lots, or private roads
- Bicycle/parts manufacturers: If a defective bicycle, brake, tire, or component caused the accident
What Damages Can a Cyclist Recover?
Bicycle accident victims in California can recover the full range of personal injury damages:
- Emergency medical treatment and hospitalization
- Surgery and ongoing rehabilitation
- Lost wages and lost earning capacity
- Pain and suffering — often substantial given the severity of cycling injuries
- Bicycle repair or replacement
- Damaged gear and equipment
- Emotional distress and PTSD
- Wrongful death damages if the accident was fatal
The Statute of Limitations
You have two years from the date of the accident to file a bicycle accident lawsuit in California (CCP §335.1). If a government entity is responsible (city road defect, government vehicle), you must file a government tort claim within six months.
What to Do After a Bicycle Accident
- Call 911 and get a police report
- Photograph the scene, your injuries, the vehicle, and road conditions
- Get the driver’s insurance and contact information
- Collect witness names and phone numbers
- Seek immediate medical attention — even if you feel okay
- Do not give a recorded statement to the driver’s insurance company
- Contact a bicycle accident attorney
Krash Lawyers — California Bicycle Accident Attorneys
Our attorneys have extensive experience handling serious bicycle accident cases throughout California, from Los Angeles to San Diego to the Bay Area. We fight aggressively for cyclists who have been seriously injured by negligent drivers.
All cases handled on contingency — no fee unless we win. Call (424) 424-6421 for a free consultation, available 24/7.
Bicycle Accident Practice Area | Free Consultation | Los Angeles Office
Injured in Southern California? We Can Help.
Krash Lawyers serves personal injury victims across Los Angeles and Ventura County. Free consultations. No fee unless we win.
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