California Bicycle Accident Lawyer

“I didn’t see them” is the most common defense drivers give after hitting cyclists, and it almost always fails as a legal defense. California Vehicle Code requires drivers to look carefully before turning, changing lanes, merging, and opening doors. Failure to see a cyclist who was legally on the road is itself negligence, not an excuse for negligence. The “didn’t see them” defense often signals the driver was actually distracted (phone, navigation, conversation), which can support both basic negligence and, in some cases, punitive damages claims.

California Vehicle Code §21202 requires cyclists to ride as close to the right side of the road as practicable, but with substantial exceptions: left turns, passing slower vehicles, avoiding road hazards, and when the lane is too narrow to safely share with a vehicle. Many situations legally allow or require cyclists to leave a bike lane or ride in the main traffic lane. Insurance adjusters frequently argue cyclists “should have been in the bike lane” when no such requirement actually applied. This argument is often legally incorrect, and an experienced bicycle accident attorney can push back against it.

California Vehicle Code §21212 requires riders under 18 to wear an approved helmet. Adults are not legally required to wear helmets in California. The absence of a helmet does not bar recovery in an adult cyclist’s case. Defense attorneys may try to argue that the lack of a helmet contributed to head injuries specifically, which could reduce the head-injury-related portion of damages under California’s pure comparative negligence rule. The same logic does not apply to other injuries: a broken leg, road rash, or internal injury is not affected by helmet status.

Hit-and-run bicycle accidents are unfortunately common and trigger a felony criminal investigation under California Vehicle Code §20001 when injuries are involved. The criminal investigation often produces evidence (traffic camera footage, witness identification, vehicle debris) that supports the civil claim. When the at-fault driver cannot be identified, Uninsured Motorist (UM) coverage on your own auto policy typically becomes the primary path to recovery. UM coverage applies even when you were not in a vehicle, including when you were struck while cycling. Many California drivers do not realize their auto policy’s UM coverage protects them in bicycle accidents.

Dooring is illegal under California Vehicle Code §22517. No person may open the door of a vehicle on the side facing traffic unless it is reasonably safe to do so and without interfering with traffic. Cyclists struck by suddenly opened doors have strong claims against the door-opener, regardless of whether the cyclist was riding in a bike lane or the main traffic lane. The vehicle occupant who opened the door is the primary defendant. In some cases, the vehicle owner’s auto insurance applies, and the driver’s employer may share liability if the driver was on the clock at the time.

Road defect bicycle accidents may support claims against the government entity responsible for the roadway, including Caltrans for state highways and city or county agencies for local roads. These claims fall under California Government Code §835 and have strict procedural requirements: a notice of claim must be filed within six months of the accident under the California Government Claims Act. Missing this deadline typically bars the claim permanently. Dangerous roadway claims require evidence that the condition existed long enough that the government should have known about it and failed to repair or warn. Prior complaint history at the location often becomes important evidence.