Bicycle accident attorneys · Serving all of California
California Bicycle Accident Attorney
On a bike, you have the same rights on the road as any driver, and almost none of the protection. Attorney Steven D. Green explains the rules that apply to your crash, deals with the driver's insurer and offers a free case review.
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Key Takeaways
- A cyclist on a California road has the same rights and duties as a driver, except for rules that cannot apply to a bike.
- Drivers must pass a cyclist with at least three feet of space, and must change lanes to pass when another lane is available and it is safe.
- Opening a car door into traffic is illegal unless it is reasonably safe, which makes dooring crashes a common claim.
- Riders under 18 must wear a properly fitted and fastened helmet.
- California uses pure comparative fault, so a cyclist who shares some blame can still recover.
- You usually have two years to file an injury lawsuit, and only six months for a claim against a public agency.
Your rights and duties as a California cyclist
A person riding a bicycle on a California highway has all the rights, and is subject to all the rules, that apply to a driver, except rules that by their nature cannot apply Veh. Code 21200(a)(1). Drivers owe cyclists the same duty of reasonable care they owe everyone else.
Where you can ride
A cyclist moving slower than traffic must ride as close as practicable to the right-hand curb or edge. There are exceptions: when passing, preparing for a left turn, approaching a place where a right turn is allowed, or avoiding hazards such as debris, parked cars or a lane too narrow for a bike and a car to share side by side Veh. Code 21202(a). On a one-way road with two or more lanes, a cyclist may ride near the left edge Veh. Code 21202(b).
Equipment at night
After dark, a bike on the road needs a white front light visible from 300 feet, a red rear reflector or light visible from 500 feet, and pedal or ankle reflectors Veh. Code 21201(d). Insurers often ask about lights and reflectors first, so photograph your bike's equipment if you can.
Bike lanes
Drivers may not drive in a bike lane except to park where allowed, to enter or leave the road, or to prepare for a turn within 200 feet of an intersection Veh. Code 21209(a).
The Three Feet for Safety Act
A driver may not pass a cyclist going the same direction with less than three feet between any part of the vehicle and any part of the bike or rider Veh. Code 21760(c). If another lane is available, the driver must change lanes to pass when it is practicable and safe.
| Situation | What the driver must do |
|---|---|
| Any pass | Pass at a safe distance that does not interfere with the cyclist, considering size, speed, traffic, weather, visibility and the road. |
| Room to pass | Leave at least three feet between the vehicle and the bike or rider. |
| Another lane is open | Move into that lane before passing, if practicable and not prohibited. |
| Three feet is not possible | Slow to a reasonable speed and pass only when it will not endanger the cyclist. |
Source: Veh. Code 21760(b)–(d).
A violation is an infraction with a $35 fine. If the driver hits and injures the cyclist while violating the law, the fine is $220 Veh. Code 21760(e). Those fines are small. What matters more for your claim is that a driver who broke a safety law meant to protect cyclists has a hard time arguing they acted with reasonable care.
Dooring crashes
No one may open a vehicle door on the side open to moving traffic unless it is reasonably safe and will not interfere with that traffic. No one may leave the door open longer than needed to load or unload passengers Veh. Code 22517. The rule covers passengers as well as drivers.
A dooring crash can throw a rider into the door or into the traffic lane beside it. Responsibility may fall on the driver, a passenger, or both. In rideshare and taxi dooring cases, the driver's commercial coverage may also apply. Get the names of everyone in the car, a photo of the plate and the contact details of witnesses.
Helmet rules for riders under 18
Anyone under 18 riding a bicycle, or riding as a passenger, on a street, bikeway or public bike path must wear a properly fitted and fastened helmet that meets ASTM or CPSC standards Veh. Code 21212(a). That includes children in a bike seat or a towed trailer.
A violation is an infraction with a fine of up to $25, and a first charge is dismissed if the person says under oath that it is their first Veh. Code 21212(d)–(e). A missing helmet does not decide who caused a crash. If an insurer raises it, the question is whether a helmet would have changed a specific injury, and that needs medical evidence.
When the injured rider is a child
Children can be held to a lower standard of care than adults, which can change how fault is decided. A child's two-year deadline to sue usually doesn't start until age 18, but a claim against a public entity is still due within six months CCP 352(b).
How fault is decided in bicycle crashes
California follows pure comparative fault Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A cyclist's award is reduced by their own share of blame and is not barred. Defense lawyers often argue that a rider was hard to see, rode in an unsafe spot or ignored a signal.
The standard for a reasonably careful cyclist differs from the standard for a driver, because the vehicles are so different. We answer defense arguments with evidence: video from nearby businesses and buses, the driver's phone use, the road layout, lighting and witness accounts. If a jury finds $100,000 in damages and puts 10 percent of the blame on the rider, the rider still recovers $90,000.
Bicycle injuries and Steven Green's medical background
Cyclists are often thrown onto the pavement, causing head injuries, fractures, shoulder and collarbone injuries, and neck and back damage. Founding attorney Steven D. Green trained surgeons on spinal and cardiac technologies before law school, so he understands these injuries and what recovery really involves.
Steven reads imaging and surgical reports, talks with treating doctors and makes sure future care is counted before any settlement is signed. He graduated cum laude from Loyola University Chicago School of Law with a Health Law certificate and is admitted in California and Illinois. Learn more about Steven D. Green, or read about neck injuries, back injuries and spinal cord injuries.
Compensation and insurance after a bike crash
You can claim medical bills, future care, lost wages and earning capacity, and the cost of your bike and gear. You can also claim pain, suffering and emotional distress. The at-fault driver's auto insurance usually pays. If the driver was uninsured or fled, check whether your own auto policy's uninsured motorist coverage applies.
Uninsured motorist coverage can protect the named insured, a spouse and relatives who live with them on a bike as well as in a car Ins. Code 11580.2(b). When the driver fled and is never found, the crash must be reported to police within 24 hours and your insurer must get a sworn statement within 30 days. Our guide to hit and run in California explains the steps and deadlines.
California's minimum auto liability limits are $30,000 per person and $60,000 per accident on policies issued or renewed since January 1, 2025 Veh. Code 16056. Serious cycling injuries can exceed that. We look for every policy that may apply, including employer and rideshare coverage. For a rough range, try our settlement calculator.
How long you have to file
Most California bicycle accident injury lawsuits must be filed within two years CCP 335.1. If a public entity is involved, such as a city bus or a poorly maintained road or bike lane, a written claim is usually due within six months Gov. Code 911.2(a).
Potholes, broken pavement and badly designed bike lanes can cause crashes with no car involved. Those claims usually run against a city or county, so the six-month deadline controls. Check your dates with our California Claim Clock.
Bicycle accidents anywhere in California
We handle bicycle accident cases in all 58 California counties from our San Diego office at 4275 Executive Square. The Vehicle Code rules for cyclists are the same statewide. Clients work with us by phone and video, and we travel when a case calls for it.
Find your county, read about San Diego bicycle and personal injury cases, or see every practice area on our California personal injury lawyer page. Riders of motorized two-wheelers should see our motorcycle accident page, and drivers our car accident page. When a crash takes a life, our wrongful death attorneys can help.
Reviewed by Steven D. Green, Esq. · Updated October 12, 2026
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Questions
California bicycle accident questions, answered
How much compensation for a bicycle accident?
There is no set amount or official average. You can claim medical bills, future care, lost wages and earning capacity, and the cost of your bike and gear, plus pain, suffering and emotional distress. Your recovery is reduced by any share of fault assigned to you, and the driver's insurance limits often cap what can be collected.
What are the laws for riding a bicycle in California?
A cyclist on the road has the same rights and duties as a driver, except for rules that by their nature cannot apply (Vehicle Code section 21200). Riders slower than traffic must stay as close as practicable to the right edge, with exceptions such as left turns, hazards and lanes too narrow to share (section 21202). At night a bike needs a front white light and rear red reflector or light (section 21201), and riders under 18 must wear a helmet (section 21212).
What percentage does an accident lawyer take?
Ask any injury lawyer how fees and case costs work before you sign. California requires a contingency fee agreement to be in writing and to state that the fee is negotiable (Business and Professions Code section 6147). Green Law Group explains its written fee agreement, including costs, during your free case review.
Is the driver always at fault when a car hits a cyclist?
No. Fault depends on what each person did. Drivers must pass at least three feet away (Vehicle Code section 21760) and must not open doors into traffic unless it is safe (section 22517). Cyclists must follow the rules of the road too. California uses pure comparative fault, so a cyclist who shares some blame still recovers, reduced by that share.
Do adults have to wear a bike helmet in California?
The state helmet requirement in Vehicle Code section 21212 applies to riders and passengers under 18 on a street, bikeway or public bike path. It requires a properly fitted and fastened helmet that meets ASTM or CPSC standards. Wearing one is a good idea at any age, and not wearing one does not decide who caused a crash.
What should I do if I was doored?
Get medical care, call police and get the driver's and passenger's names, the vehicle's plate and insurance, and witness contacts. Photograph the car, the door and where it opened. California bars opening a door on the traffic side unless it is reasonably safe and does not interfere with moving traffic (Vehicle Code section 22517), so dooring claims often turn on that rule.
How long do I have to file a bicycle accident claim in California?
Most bicycle accident injury lawsuits must be filed within two years of the crash (Code of Civil Procedure section 335.1). If a public entity is involved, such as a city vehicle or a dangerous road or bike lane, a written claim is usually due within six months (Government Code section 911.2). For a child, the two-year deadline usually doesn't start until age 18, but a claim against a government agency is still due within six months.
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