Bicycle Accident in California: What Cyclists Need to Know

California is one of the best places in the country to ride a bike and millions of people do, whether commuting down Ventura Boulevard, riding the beach path in Santa Monica or taking the kids to school. But these roads put cyclists next to two-ton vehicles, with nothing but a helmet and some lycra between them. When a driver makes a mistake, the rider almost always pays for it. A bicycle accident can mean broken bones, a brain injury, months away from work and medical bills that arrive faster than the insurance check. Contact our California bicycle accident attorneys today for a FREE consultation to discuss your legal options.

What happens next often depends on one question: who gets the blame? Insurance companies and police reports frequently lean toward the driver’s version of events, and many injured cyclists find themselves being told the crash was their own fault. It often was not. Please contact us now for your FREE consultation, and we will explain your rights and potential legal claims.

How Common Are Bicycle Accidents in California?

Cyclists make up a small share of road users but a disproportionate share of the people seriously hurt. The University of California, Berkeley’s Safe Transportation Research and Education Center (SafeTREC), working from state crash data, reports the following for 2023.

The numbers show that many bicycle crashes come down to right-of-way and turning mistakes by someone and that Los Angeles County, where we practice, sees more serious injuries than any other part of the state. Orange, Ventura, Riverside and San Bernardino Counties see a great many crashes as well. Fatalities and serious injuries are only part of the picture. Many injured cyclists are treated and released, never appear in a statistic, and still face weeks or months of recovery.

How Bicycle Accidents Happen

Almost every bicycle accident we see falls into one of a few patterns. Knowing which one applies to you shapes how the law is applied.

Right-Hook and Turning Collisions

Drivers turn right across a cyclist’s path or turn left without seeing an oncoming cyclist. Under Vehicle Code section 21717, drivers must merge into the bike lane before turning right.

Drivers Pulling Out of Driveways, Alleys and Parking Lots

A car exits a driveway, shopping center or alley and hits a rider on the road or sidewalk. A driver entering a roadway from private property must yield to traffic on the road (Vehicle Code section 21804), and that includes bicycles.

“Dooring”

Drivers or passengers open vehicle doors into a cyclist’s path. Vehicle Code section 22517 prohibits opening a door into moving traffic unless it is reasonably safe.

Unsafe Passing and Drifting Into the Bike Lane

Drivers drift into bike lanes, squeeze past riders, or clip them with a mirror. California’s passing law for cyclists has changed in recent years, as explained below.

Hit-and-run Crashes

Leaving the scene of an injury crash is a crime, but it still happens, and cyclists are especially vulnerable because they can be hard for witnesses to identify and hard for police to trace. Your own uninsured motorist coverage can be critical in these cases.

Dangerous Road Conditions

Potholes, broken pavement, drainage grates, poorly marked construction zones, and badly designed bike lanes can send a rider flying. When a public agency should have fixed or warned about a hazard, it can be held responsible, but strict notice deadlines apply.

Crashes Involving E-Bikes

E-bikes are now common, and they reach speeds that surprise drivers who judge a cyclist’s speed by what they expect from a pedal bike. State law divides e-bikes into three classes, and riders of the fastest class (Class 3) must be at least 16 and wear a helmet.

Common Injuries in Bicycle Accidents

A cyclist has no steel frame, airbag or seat belt. Even a low-speed impact can send a rider to the pavement. Typical injuries include:

• Traumatic brain injuries and concussions
• Broken collarbones, wrists, arms, hips, legs and facial bones
• Spinal cord and back injuries
• Road rash (deep scrapes and skin loss) that can lead to infection and scarring
• Torn ligaments and shoulder injuries
• Dental and jaw injuries
• Internal bleeding and organ damage
• Post-traumatic stress, anxiety and fear of riding or driving

Some of these problems, particularly head injuries, may not be obvious on the day of the crash. Get checked by a doctor even if you feel okay, and follow up if symptoms develop.

California Laws That Protect Cyclists

Many drivers and even some police officers are unaware of how much the law protects cyclists. Here are the rules that matter most in practice.

Cyclists Are Drivers Under the Law

A person riding a bicycle on a roadway has all the rights, and all the duties, of a driver of a vehicle (Vehicle Code section 21200). Cyclists have the right to be on the road, and drivers may not treat them as intruders.

Bike Lanes

Motor vehicles generally may not drive in a marked bike lane, with limited exceptions such as parking where it is allowed, entering or leaving the roadway, or preparing for a turn within 200 feet of the intersection (Vehicle Code section 21209). A driver who wanders into a bike lane and strikes a rider may face a strong liability argument.

Passing a Cyclist

Under California Vehicle Code section 21760, drivers must generally change lanes to pass cyclists when safe and a lane is available. If they cannot, they must slow down and leave at least three feet of clearance. Violations may support a negligence claim. 

Dooring, Driveways and Turns

As noted above, California law places duties on people opening car doors (section 22517), drivers entering from driveways (section 21804), and drivers crossing a bike lane to turn right (section 21717).

Stop Signs and Signals

Cyclists must obey traffic laws, but California has relaxed a few rules. Since 2023, state law has allowed cyclists to treat certain stop signs as yield signs when it is safe to do so (AB 122), and, beginning in 2024, to cross on a pedestrian walk signal as well as a green light (AB 1909). Riders still must yield to others and must stop for red lights. A cyclist who follows these rules and is struck by a driver has a strong claim.

Lights, Reflectors and Helmets

At night, a bicycle must have a white front light, a red rear reflector, and side and pedal reflectors (Vehicle Code section 21201). California requires helmets for riders under 18 (Vehicle Code section 21212). Adults are not required to wear one.

Who Is at Fault? How California Decides Bicycle Accident Liability

California’s civil courts decide fault based on negligence: did each person act with reasonable care? More than one person can be partly responsible, and the law divides the blame by percentage.

Comparative Negligence

California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If a jury finds you 20 percent responsible, for example for riding in the dark without a light, your damages are reduced by 20 percent. You are not barred from recovery just because you share some blame, even if you are mostly at fault. The jury must also assign each defendant’s share, and under Civil Code section 1431.2 each defendant is generally responsible only for its own share of your non-economic damages.

The Police Report

After a crash, an officer completes a Traffic Collision Report. Reports sometimes assign fault to the cyclist after hearing mostly from the driver, and they can be wrong. By statute, these reports generally cannot be used as evidence at trial (Vehicle Code section 20013). A report can still influence insurers, which is why it is important to give accurate information, find independent witnesses, and, when needed, correct the record.

Helmets

Adults are not required to wear helmets in California, but insurers frequently argue that a missing helmet made a head injury worse and that damages should be reduced. Whether that argument holds up depends on the medical evidence and the facts. If you were under 18 and not wearing a helmet, the issue is more complicated. It does not make the driver any less at fault for causing the crash.

Common Blame-The-Cyclist Arguments

• “The rider came out of nowhere.” A driver has a duty to look.
• “The cyclist was on the wrong side of the road or on the sidewalk.” Even if true, it does not automatically make the driver blameless, and local sidewalk rules vary by city.
• “The cyclist ran the stop sign.” This depends on the facts and on the recent changes to the law.
• “No helmet.” 

What Compensation Can You Recover?

If someone else’s negligence caused your injuries, California law generally allows you to recover the following.

Economic Damages

• Medical expenses, including future treatment and rehabilitation.
• Lost wages and reduced earning capacity.
• Bicycle, helmet, clothing, and equipment repair or replacement.
• Other out-of-pocket expenses, including transportation and home assistance.

Non-Economic Damages

• Physical pain and suffering
• Emotional distress, anxiety and fear
• Loss of enjoyment of life, including the cycling and activities you can no longer do
• Scarring and disfigurement

Punitive Damages

In rare cases, such as crashes caused by a drunk driver, punitive damages may be available when conduct amounts to malice, oppression or conscious disregard for others’ safety (Civil Code section 3294; see Taylor v. Superior Court (1979) 24 Cal.3d 890).

Wrongful Death

If a loved one is killed in a bicycle crash, certain family members and the estate may bring claims under Code of Civil Procedure sections 377.60 and following, for loss of companionship, support, funeral costs and other losses.

Medical Bills and Liens

Under Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, past medical damages are generally limited to what was actually paid or owed, not the amount originally billed. Hospitals, insurers, Medi-Cal and Medicare may assert liens on a recovery, and negotiating them well can put more money in your pocket.

Deadlines: How Long Do You Have to File?

• Personal injury and wrongful death: Generally, two years (Code of Civil Procedure § 335.1).
• Property damage: Generally, three years (Code of Civil Procedure § 338).
• Claims against public entities: Generally, six months to present a claim for injury (Government Code § 911.2).
• Minors: Different deadlines may apply, particularly for claims against public entities.

Exceptions can affect these deadlines. Consult a California bicycle accident attorney promptly to protect your rights and preserve important evidence.

Why Hire an Experienced Bicycle Accident Attorney?

Gary K. Walch, A Law Corporation, has handled California personal injury and wrongful death cases for more than 50 years. We investigate accidents, preserve evidence, challenge unfair blame, negotiate claims, and pursue compensation for injured cyclists. As a family-owned firm, we treat every client with care and honesty.

We serve injured cyclists throughout California, including Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.

Contact our California bicycle accident attorneys today for a FREE consultation and case evaluation.We work on a contingency fee basis: no attorney fee unless we recover compensation for you. Your consultation is FREE and confidential.

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