Bicycle and e-bike crash attorneys · UTC office · Open 24 hours
San Diego Bicycle Accident Lawyer
Hit by a car, doored, or thrown by a broken road while riding in San Diego County? Attorney Steven D. Green handles the insurer, the crash report and any claim against the City, County or Caltrans. Free case review.
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Free San Diego bike crash review
Tell us what happened. It takes about 30 seconds.
Key Takeaways
- Who writes your report depends on where you crashed: San Diego Police on city streets, CHP on freeways and unincorporated roads, and the Sheriff or a city police department elsewhere in the county.
- A crash caused by a pothole, broken pavement or a badly designed bike lane is usually a claim against the City, the County or Caltrans, and a written claim is due within six months Gov. Code 911.2.
- California has three e-bike classes. A San Diego County pilot lets the County and its cities ban riders under 12 from class 1 and 2 e-bikes.
- Your bike, helmet and ride data are evidence. Keep them unrepaired and unedited until your lawyer has documented them.
- Our office is in the UTC area near I-5 and La Jolla Village Drive, and phones are answered 24 hours a day.
Why San Diego cyclists call Green Law Group
You work directly with founding attorney Steven D. Green, not a call center. Before law school, Steven trained surgeons in the operating room on spinal fusion, disc replacement and cardiac laser systems. That background helps him read the imaging and surgical records that bike crash injuries produce.
Riders who go over the handlebars or get clipped by a mirror often land on a shoulder, a wrist or their head. Collarbone fractures, wrist fractures, concussions and spine injuries are common. Steven reads those records closely, 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. Read more about Steven D. Green.
Our senior litigation paralegal, Jennifer Kearney, has 15+ years at civil defense and plaintiff firms throughout San Diego County and knows the California Tort Claims Act. That matters in bike cases, because so many involve a public road. We work on a contingency fee. No fee unless we win, and no costs if we don't.
The California bike laws behind most San Diego claims
State law applies on every San Diego street. A rider has the same rights and duties as a driver Veh. Code 21200. Drivers must pass with at least three feet of space Veh. Code 21760 and may not open a door into traffic unless it is reasonably safe Veh. Code 22517.
These rules come up again and again in local cases. A driver who squeezes past a rider on a narrow coastal stretch, or a passenger who swings a door open along a row of parked cars, has broken a law written to protect cyclists. That makes it hard for the insurer to argue the driver was careful.
- Lane position. A rider slower than traffic stays as far right as practicable, but may move left to pass, turn left, avoid hazards or take a lane too narrow to share Veh. Code 21202.
- Passing. If three feet is not possible, the driver must slow down and pass only when it is safe. A driver who injures a rider while breaking this rule faces a $220 base fine, before court assessments are added Veh. Code 21760(e).
- Helmets. Riders and passengers under 18 must wear a fitted, fastened helmet Veh. Code 21212. A missing helmet does not decide who caused the crash.
California uses pure comparative fault, so a rider who shares some blame still recovers, reduced by that share. For the full statewide rules, read our California bicycle accident attorney page.
E-bike crashes in San Diego County
California defines an electric bicycle as a bike with working pedals and a motor of no more than 750 watts, sorted into three classes Veh. Code 312.5. The class matters after a crash. It affects who may ride the bike, where it may go and how an insurer looks at speed.
| Class | How the motor works | Assist stops at | Age rule |
|---|---|---|---|
| Class 1 | Pedal assist only | 20 mph | Local under-12 ban possible in San Diego County |
| Class 2 | Throttle, can move without pedaling | 20 mph | Local under-12 ban possible in San Diego County |
| Class 3 | Pedal assist only, speedometer required | 28 mph | No riders under 16; every rider and passenger wears a helmet |
Sources: Veh. Code 312.5, Veh. Code 21213, Veh. Code 21214.7.
The San Diego e-bike pilot program
A state law written for this region lets San Diego County and each city in it ban children under 12 from riding class 1 and class 2 e-bikes Veh. Code 21214.7. Each local government decides whether to opt in, and the pilot ends on January 1, 2029. Several cities have adopted it, so the rule where your child was riding may differ from the next town over.
What changes in an e-bike claim
Insurers often argue that an e-bike rider was going too fast for a driver to see. Ride data, the bike's class label and the motor's assist settings help answer that. If a bike or battery failed, the claim may also run against the maker or seller. Keep the bike, the charger and the receipt.
Who takes the report after a San Diego bike crash
The agency depends on where you went down. San Diego Police cover city streets, the California Highway Patrol covers freeways and roads in unincorporated areas, and the Sheriff covers its contract cities. Cities such as Chula Vista, El Cajon and Oceanside have their own police departments.
| Where the crash happened | Agency that usually responds |
|---|---|
| Streets inside the City of San Diego, including La Jolla, Pacific Beach, North Park and downtown | San Diego Police Department |
| Freeways and roads in unincorporated areas | California Highway Patrol |
| Sheriff contract cities, such as Encinitas, Del Mar, Santee, Poway and Vista | San Diego County Sheriff's Department |
| Chula Vista, El Cajon, Oceanside and other cities with their own force | That city's police department |
Call 911 even if you can stand up and ride away, and ask for the report or incident number before you leave. If no officer came, write down the date, time and exact location, and get the driver's license, plate and insurance details. Our San Diego personal injury page explains how to request a report from each agency. Once you hire us, we request it for you.
Potholes, bike lanes and road defects: claims against the City, County or Caltrans
A public entity can be liable for a dangerous condition on its property, such as a pothole, a raised seam or a broken drain grate, if the condition caused the crash and the entity created it, or knew or should have known about it in time to fix it Gov. Code 835. A written claim is usually due within six months Gov. Code 911.2.
| Who owns the road | Where the claim goes |
|---|---|
| City of San Diego streets and bike lanes | City Risk Management Department, through its online claims portal or form RM-9, at 1200 Third Ave., Suite 1000, San Diego |
| Roads in unincorporated San Diego County | County of San Diego Claims and Investigation Division, Office of County Counsel, 1600 Pacific Highway, San Diego (form CD-1) |
| State highways, including Caltrans-owned stretches of surface road | $12,500 or less: Caltrans District 11 claims office, 4050 Taylor Street, San Diego (form DOTLD-0274). Over $12,500: the state Government Claims Program |
| Other cities, such as Chula Vista or Oceanside | That city's clerk or risk management office |
Knowing who owns a road is harder than it sounds. A coastal route can pass from one city to another in a few blocks, and some surface streets are state highways. We confirm ownership before we file, so the claim goes to the right place on time.
Proving the City knew
The City of San Diego takes pothole and street reports through its Get It Done app and website. Earlier reports about the same spot can help show the City had notice of the hazard. Photograph the defect with something for scale, such as a shoe or a ruler, and go back for more photos before it is patched.
If the entity rejects your claim in writing, you generally have six months from that notice to sue Gov. Code 945.6. Children get no extra time on the six-month claim. Check your dates with our California Claim Clock.
What to do in the first days after a San Diego bike crash
Get medical care first, even if you rode home. Then protect the evidence: keep the bike and helmet as they are, save your ride data, photograph the scene and your injuries, and ask nearby businesses for video. Talk to a lawyer before you give the driver's insurer a recorded statement.
See a doctor
Head and wrist injuries often feel minor at first. A same-day visit to urgent care or an emergency room creates a record that links the injury to the crash.
Keep the bike and helmet as they are
A bent fork, a cracked frame or a dented helmet shows the direction and force of the impact. Do not repair, sell or toss anything. Get a written repair estimate instead.
Save your ride data
Export the original file from your bike computer, Strava, smartwatch or bike camera. Speed, route and position data can answer an insurer who says you came out of nowhere. Do not edit, crop or delete the activity.
Ask for video fast
Shops, homes and transit vehicles along the route may have cameras, and some systems record over old footage quickly. Note every camera you see near the scene.
Be careful with the insurer
The driver's insurer may call within days. You can decline a recorded statement until you have spoken with a lawyer. If the driver fled or had no insurance, your own auto policy's uninsured motorist coverage may still apply.
Deadlines, court and what your claim can cover
Most injury lawsuits must be filed within two years CCP 335.1, but public-entity claims are due in six months. If a San Diego case goes to court, it is usually filed in San Diego Superior Court, at the Hall of Justice downtown or the North County Regional Center in Vista.
A claim can include medical bills, future care, lost wages, your bike and gear, and pain and suffering. Many cases settle. If yours does not, we file suit and prepare you for each step. For a rough range, try our settlement calculator.
We also handle San Diego car accident and San Diego motorcycle accident cases, plus neck injuries, spinal cord injuries and wrongful death claims. Outside San Diego? We take cases in all 58 California counties. Ready to talk? Contact us or call any time.
Reviewed by Steven D. Green, Esq. · Updated October 19, 2026
Client reviews
What clients say about working with us
“Steven has extensive knowledge in his field which made the process easier for me and less stressful.”
“Steven will cut right through the noise and directly tell you the objective facts, which I highly appreciated.”
“Steve and his team were always available, handled all insurance details and my questions always with complete professionalism.”
Testimonials and reviews do not guarantee, warrant or predict the outcome of any legal matter.
Questions
San Diego bicycle accident questions, answered
I crashed because of a pothole on a San Diego street. Who do I file a claim with?
It depends on who owns the road. City of San Diego streets go to the City's Risk Management Department, through its online claims portal or form RM-9. Roads in unincorporated areas go to the County of San Diego's Claims and Investigation Division. State highways go to Caltrans: claims of $12,500 or less to the Caltrans District 11 claims office in San Diego, larger claims to the state Government Claims Program. Each claim is usually due within six months (Government Code section 911.2).
Who takes the police report after a bike crash in San Diego?
San Diego Police handle crashes on city streets. The California Highway Patrol handles freeways and roads in unincorporated areas. The Sheriff's Department covers its contract cities, and cities such as Chula Vista, El Cajon and Oceanside have their own police departments. Ask the officer for the report or incident number before you leave the scene.
Can my child ride an e-bike in San Diego County?
State law bars anyone under 16 from riding a class 3 e-bike (Vehicle Code section 21213). A San Diego County pilot program also lets the County and each city in it ban children under 12 from riding class 1 and class 2 e-bikes, through January 1, 2029 (Vehicle Code section 21214.7). Several cities have adopted that rule, so check the city where your child rides.
Should I fix my bike after a crash?
Not yet. Keep the bike, helmet and torn clothing exactly as they are after the crash. Damage to the frame, wheel and helmet can show the direction and force of the impact. Photograph everything, get a written repair estimate, and let your lawyer arrange an inspection before anything is repaired or thrown away.
Can my Strava or bike computer data help my case?
Often, yes. Ride data from a GPS bike computer, Strava, a smartwatch or a bike camera can show your route, speed and position just before the crash. Export and save the original ride file right away, keep the device charged, and avoid editing or deleting the activity. Remember that the defense may ask for the same data.
Where would my San Diego bicycle accident lawsuit be filed?
Most San Diego County injury cases are filed in San Diego Superior Court. Civil cases are heard at the Hall of Justice downtown and at the North County Regional Center in Vista. Many cases settle before trial, and we handle the filings and court appearances for you.
Hit while riding in San Diego? Talk to an attorney today.
Free case review. No fee unless we win, and no costs if we don't. Phones answered 24 hours a day.