California Bicycle Accident Lawyers

California Bicycle Laws

Understanding your legal rights and obligations as a cyclist is crucial, especially when pursuing an injury claim. Under the California Vehicle Code (CVC), bicycles are generally treated like motor vehicles, meaning cyclists have the same rights and responsibilities as drivers.

Key laws designed to protect cyclists include:

• The Three-Feet Safety Act (CVC 21760): Motorists must maintain a distance of at least three feet when passing a bicycle from behind. If traffic or road conditions make a three-foot buffer impossible, the driver must slow down and pass only when it is safe to do so.
• Riding in the Bike Lane (CVC 21208): When a designated bicycle lane is available, cyclists traveling slower than the normal speed of traffic must ride within it. Exceptions include making a left turn, avoiding debris or hazards, or overtaking another cyclist.
• Riding on the Right Side of the Road (CVC 21202): If no bike lane exists, cyclists must ride as close to the right-hand curb or edge of the roadway as practicable, except when passing, preparing for a left turn, or avoiding hazards.
• Helmet Laws (CVC 21212): Any cyclist under the age of 18 must wear an approved bicycle helmet. While adults are not legally required to wear helmets in California, doing so drastically reduces the risk of severe traumatic brain injuries.

Following a crash, negligent drivers often try to blame the cyclist. Knowing these laws helps Carpenter & Zuckerman counter these false narratives and build a rock-solid case on your behalf.

Common Causes of Bike Accidents

The vast majority of bicycle accidents are entirely preventable and occur because a motorist fails to exercise reasonable care. Common examples of driver negligence include:

• Distracted Driving: Texting, adjusting the navigation system, or talking on the phone diverts a driver's attention away from the road, making it easy to overlook a cyclist.
• Failure to Yield: Motorists frequently fail to yield the right-of-way to cyclists at intersections, particularly when making a left-hand turn across an oncoming bike lane (known as a "left-cross" accident).
• "Dooring" Accidents: Under CVC 22517, it is illegal for a driver or passenger to open a vehicle door into traffic unless it is reasonably safe to do so. Opening a door directly into the path of an oncoming cyclist can cause severe, high-impact collisions.
• Driving Under the Influence: Alcohol and drugs impair a driver’s judgment, reaction times, and visual tracking, making them a lethal hazard to vulnerable road users.
• Speeding and Tailgating: Driving too fast for conditions reduces a motorist’s ability to stop in time if a bicycle changes lanes or slows down to avoid a hazard.

Common Types of Bicycle Accident Injuries

Unlike occupants of passenger vehicles, cyclists have no steel frame, airbags, or crumple zones to absorb the impact of a collision. As a result, bicycle accident injuries are often catastrophic and life-altering.

We routinely represent clients who have suffered:

• Traumatic Brain Injuries (TBIs): Concussions, contusions, and severe brain trauma can occur even if the cyclist was wearing a helmet. These injuries can result in long-term cognitive deficits, memory loss, and personality changes.
• Spinal Cord Injuries and Paralysis: Damage to the neck or back can lead to temporary or permanent paraplegia or quadriplegia, requiring lifetime medical care.
• Bone Fractures: The force of being thrown from a bike frequently causes broken collarbones, wrists, arms, pelvises, and legs.
• Internal Organ Damage: Blunt-force trauma can cause internal bleeding and damage to vital organs like the lungs, spleen, or liver.
• Severe "Road Rash": Sliding across asphalt can rip through clothing and skin, causing deep lacerations, nerve damage, and severe scarring that may require skin grafts.

What to Do Immediately After a Bicycle Accident

The actions you take in the minutes and days following a crash can significantly impact both your physical health and your potential legal claim. If you are physically able, try to take the following steps:

1. Call 911: Request medical assistance and ask the police to file an official accident report. This report is a crucial piece of evidence.
2. Document the Scene: Take photos and videos of your injuries, your damaged bicycle, the driver's vehicle, the surrounding road conditions, and any relevant traffic signs.
3. Exchange Information: Gather the driver’s name, contact information, driver’s license number, and insurance details. Avoid discussing fault or apologizing at the scene.
4. Speak to Witnesses: Get the names and phone numbers of anyone who saw the accident happen.
5. Seek Immediate Medical Attention: Even if you think your injuries are minor, see a doctor immediately. Adrenaline can mask pain, and delay in treatment can be used by insurance adjusters to claim your injuries aren't serious.
6. Consult a California Bicycle Accident Attorney: Speak to a lawyer before giving any statements to the driver’s insurance company.

Frequently Asked Questions

What if I was partially at fault for the bicycle accident?

California follows a pure comparative negligence system. This means you can still recover compensation even if you were partially to blame for the crash. However, your total financial recovery will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault for swerving, your final compensation will be $80,000.

How long do I have to file a bicycle accident lawsuit in California?

In most cases, the statute of limitations for personal injury claims in California is two years from the date of the accident. If you fail to file a lawsuit within this window, you will likely lose your right to seek compensation. If the accident involved a government entity (like a city bus or a poorly maintained public road), the deadline to file an administrative claim is much shorter—typically just six months.

The driver's insurance company offered me a quick settlement. Should I take it?

No. Insurance adjusters often reach out shortly after an accident to offer a quick settlement before you fully understand the extent of your injuries and long-term medical needs. These initial offers are almost always far below what your case is actually worth. Always consult with Carpenter & Zuckerman before signing anything.

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

Potentially, yes. Adult cyclists are generally not required to wear helmets under California law. However, the facts of each case can affect how damages are evaluated.

What is my bicycle accident case worth?

The value of a claim depends on factors such as injury severity, medical expenses, lost income, future treatment needs, and pain and suffering. An attorney can evaluate your specific circumstances.

Do most bicycle accident cases settle?

Many claims are resolved through settlement negotiations. However, if the insurance company refuses to offer fair compensation, litigation may become necessary.

Should I speak with the driver's insurance company?

It is usually best to consult an attorney before providing recorded statements or accepting settlement offers from an insurance company.