Protect Your Rights After a California Bicycle Accident

Immediate Steps to Take After a Bicycle Crash

• Get to safety and call 911. Request police and medical assistance, even if injuries seem minor.
• Exchange information. Obtain names, contact details, driver’s license numbers, license plates, and insurance information for all involved drivers; gather witness contacts.
• Document the scene. Take photos or video of vehicle positions, your bike, road conditions, traffic controls, debris, skid marks, and visible injuries.
• Seek medical care the same day. Some injuries are delayed; prompt evaluation creates a clear record linking injuries to the crash.
• Preserve evidence. Keep damaged gear and clothing; do not repair the bike before documenting it. Save ride data from GPS devices or apps.
• Be careful with statements. Limit discussion at the scene to facts. Do not admit fault.

Common Causes and Liability in California Bicycle Collisions

Liability generally turns on negligence—whether someone failed to use reasonable care. Frequent at-fault scenarios include drivers making unsafe left or right turns, “dooring” from parked vehicles, speeding, distraction, failure to yield where required, and unsafe passing. Dangerous roadway conditions or improper maintenance can also contribute. California applies comparative negligence, which reduces recovery by a party’s percentage of fault but does not automatically bar a claim. See Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 and Civ. Code § 1714(a). “Dooring” is specifically prohibited by Veh. Code § 22517.

Insurance Coverage That May Apply

• At-fault driver’s liability insurance: May cover medical expenses, lost wages, and pain and suffering, subject to policy limits and proof of liability.
• Your own auto policy: Uninsured/Underinsured Motorist (UM/UIM) coverage can apply when an insured bicyclist is struck by a motor vehicle, depending on policy terms. See Ins. Code § 11580.2 and the California Department of Insurance’s UM/UIM guide. Medical Payments (MedPay) may provide limited no-fault medical benefits if purchased.
• Homeowners/renters policies: May cover certain property losses (e.g., your bike or gear), depending on policy terms, sublimits, and deductibles.
• Government claims: If a dangerous road condition or public employee contributed, special notice and claim procedures apply before any lawsuit.

Special Rules for Claims Involving Public Entities

Claims against California public entities (e.g., dangerous roadway conditions or a public employee driver) are governed by the Government Claims Act. In most personal injury cases, you must present a written claim within six months of the incident. See Gov. Code § 911.2(a). You generally cannot file a civil lawsuit until a timely claim has been presented (Gov. Code § 945.4), and if the claim is rejected, you typically have six months from the rejection notice to file suit (Gov. Code § 945.6).

What to Do About the Insurance Company

• Report the crash to your insurer promptly and provide factual information.
• Avoid giving a recorded statement to the other party’s insurer before getting legal advice.
• Do not accept early settlement offers until you understand the full scope of your injuries and future care needs.
• Keep all correspondence, claim numbers, and receipts organized.

Evidence That Strengthens Your Case

• Police collision report and any traffic citations issued.
• Medical records, bills, and a journal of symptoms and limitations.
• Photos, videos, ride data, dashcam footage, and nearby surveillance videos.
• Expert analyses (e.g., accident reconstruction or human factors) when appropriate.

Compensation You May Seek

Depending on the facts, recoverable damages can include medical expenses, future treatment, lost wages, diminished earning capacity, bike and gear replacement, rehabilitation costs, and pain, suffering, and loss of enjoyment of life. In limited circumstances, punitive damages may be available when conduct involves malice, oppression, or fraud. See Civ. Code § 3294.

Time Limits and Why Acting Quickly Matters

California personal injury claims are subject to strict time limits. Many injury claims must be filed within two years of the injury (Code Civ. Proc. § 335.1). Claims involving public entities generally require a written claim within six months (Gov. Code § 911.2), with additional deadlines after rejection (Gov. Code § 945.6). Evidence such as skid marks, vehicle data, and surveillance footage can disappear quickly, so early action helps protect your rights.

How a Bicycle Accident Lawyer Can Help

• Investigate fault and preserve critical evidence.
• Identify all liable parties and insurance coverage.
• Coordinate medical care and document losses.
• Handle insurer communications and negotiate for a fair settlement.
• File and litigate your case if needed to pursue full compensation.

FAQ

Can I recover compensation if I was not wearing a helmet?

Possibly. Lack of a helmet may be argued as comparative negligence if head injuries were worsened, but it does not automatically bar recovery in California.

What if the driver fled the scene?

Report immediately to police. Your UM coverage may apply to a hit-and-run if certain conditions are met under your policy.

Do I have to use a bike lane?

Generally, ride as close as practicable to the right or in a bike lane when available, with exceptions for hazards, passing, turning left, or when the lane is too narrow to share safely.

How long do I have to file a claim?

Many injury claims have a two-year statute of limitations, but claims against public entities have shorter claim-presentment deadlines, often six months.

Have questions after a bike crash? Contact our California injury team.