In Brief
A California bicycle accident case is usually a negligence claim brought by an injured cyclist against a driver, business, or public entity whose unreasonable conduct contributed to the crash. Cyclists generally have the rights and duties of vehicle operators under California Vehicle Code provisions governing bicycles. Recoverable damages can include medical expenses, lost earnings, and pain and suffering where liability is established. Deadlines depend on whether private or governmental defendants are involved.
First 24 hours
What to Do After a Bike Crash
What happens right after a crash often shapes your medical recovery and your legal case. If you were just hit, work through these steps in order . Then call us when you are stable.
Get to safety and call 911.
If you can move, get out of traffic. Ask for paramedics even if you feel fine, adrenaline masks pain, and concussion or internal bleeding may not show for hours.
Do not negotiate cash at the scene.
Drivers sometimes offer money to avoid insurance. Those offers are almost always a fraction of fair value. Decline politely and wait for police.
Get a police report.
California Veh. Code §20008 requires reporting crashes with injury. The report anchors your insurance claim and any lawsuit.
Photograph everything.
Scene, vehicles, your bike, injuries, signals, skid marks, debris. Photos from the scene beat photos from the next day.
Exchange information.
Driver name, license, plate, insurance, photo ID. Get witness names and numbers before they leave.
See a doctor the same day.
A same-day chart ties injuries to the crash. Gaps in treatment are the first argument insurers use to deny claims.
Preserve bike, helmet, and clothing.
Do not repair or wash evidence. A cracked helmet can prove impact mechanics.
No recorded statement to the other insurer.
Their adjuster is not on your side. You are not required to give a recorded interview.
Stay off social media.
Defense firms screen profiles. Innocent posts get misused at trial.
Call a lawyer before you sign anything.
Early releases end your case forever, often before you know the full extent of your injuries.
Why Bike Crashes Matter in Los Angeles
Los Angeles is one of the most challenging large U.S. cities for people on bikes. Arterials were built for high vehicle throughput; cycling infrastructure has lagged behind ridership for decades.
Through its Vision Zero program, the City of Los Angeles maps where fatal and severe-injury crashes concentrate and targets safety investments on those corridors, many of the same streets cyclists use every day (for example Sunset, Venice, Vermont, and Western). LADOT describes its data-driven crash analysis and thousands of intersection and crosswalk improvements on its Safety Programs hub.
The California Office of Traffic Safety publishes annual county and city rankings for bicycle-involved collisions; Los Angeles County routinely ranks among the highest in the state for cyclist injuries and fatalities when measured against vehicle miles traveled and population.
Official California collision records are maintained in the Statewide Integrated Traffic Records System (SWITRS). CHP’s SWITRS program page hosts annual statewide collision reports. For raw, downloadable crash files (including bicyclist-involved collisions), researchers and the public use the state’s California Crash Reporting System (CCRS) open-data portal. CHP notes that the legacy Internet SWITRS query tool was retired in favor of CCRS . See CHP’s iSWITRS / CCRS transition page for details.
Nationally, federal traffic records show bicyclist fatalities trending upward over the past decade even as overall motor-vehicle deaths have fluctuated, underscoring why intersection design, speed, and driver attention matter for cyclists. NHTSA publishes periodic summaries of pedalcyclist deaths and injuries in its Traffic Safety Facts series (use the latest year available when citing specific counts in production copy).
Kramer Trial Lawyers’ office on Wilshire Boulevard sits in the heart of the Westside, where commuters, Marvin Braude beach-path riders, and Metro Bike Share users mix with dense car traffic. We represent injured cyclists across LA County and into Orange, Ventura, and San Bernardino Counties.
Government claims
If a dangerous sidewalk, pothole, or missing sign may have contributed, a claim against a California public entity usually requires a written administrative claim within six months under Gov. Code §911.2, far shorter than the two-year personal injury statute.
Document the crash
Photos, witness contacts, and a same-day medical visit create the paper trail insurers and juries expect. Gaps in documentation get exploited in discovery.
Government claims
(310) 551-0600 · Free consultation. Ask how fees and costs apply to your situation. Terms are set out in a written agreement if the firm represents you.
6 mo.
Typical deadline for a government tort claim in California
2 yr.
Standard personal injury statute (CCP §335.1)
Free
Initial consultation with no obligation. Fee and cost details are covered when you speak with the firm.
KTL Verdicts and Settlements
Representative personal injury results, including auto, pedestrian, and government cases that involve the same liability and damages issues as serious bicycle crashes. Prior results do not guarantee similar outcomes.
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$1 Million
At trial, Plaintiff wife won $1,000,000 against defendant even with comparative liability because of decedent’s failure to wear a helmet.
Prior results do not guarantee similar outcomes. The outcome of any case depends on the specific facts and applicable law. Verdicts and settlements listed represent the gross amount before fees, costs, and liens.
Common Causes of Bicycle Crashes
Most cyclist crashes are not random. They follow patterns: distraction, illegal turns, unsafe passes, and road defects. Below are the fact patterns we see most often in litigation. Each maps to duties drivers and agencies already owe under California law.Prior results do not guarantee similar outcomes. The outcome of any case depends on the specific facts and applicable law. Verdicts and settlements listed represent the gross amount before fees, costs, and liens.
Strategy · For your case
When we prove how the crash happened, not just that it happened, we anchor damages to a clear story a jury can visualize. That starts with the collision sequence, the rules each party broke, and the medical timeline that connects force to injury.
Distracted driving
Phone use, eating, or GPS fiddling means a driver never registers a cyclist ahead. Hand-held phone use violates Veh. Code §23123 and often supports negligence per se.
Right-hook collisions
A driver passes, then turns right across the cyclist’s line. Drivers must yield before turning across a bike lane (Veh. Code §21717).
Left-cross collisions
A left-turning driver fails to yield to a cyclist going straight. That is a classic failure to keep a proper lookout, even when the driver claims “I didn’t see them.”
Dooring
Parked-car doors swing into the bike lane. Veh. Code §22517 requires doors be opened only when reasonably safe.
Failure to yield at intersections
Rolling stops, red-light runs, and uncontrolled intersection failures, where closing speeds are highest.
Unsafe passing
California’s Three Feet for Safety Act requires a safe buffer when overtaking a bicycle.
Impaired driving
Alcohol and drugs destroy reaction time. Punitive damages may be available under Civ. Code §3294.
Dangerous road design
Striping, sight lines, signals, and maintenance failures. Public entities may be liable under Gov. Code §835 . Watch the six-month government-claim clock.
Common Cycling Injuries
A cyclist has no cage, no airbags, and no crumple zone. Energy from a multi-ton vehicle goes into the human body. Even lower-speed impacts can cause fractures, brain injury, or internal damage that does not fully declare itself at the scene.
Records · Medical documentation
Same-day imaging and follow-up visits create the timeline insurers cannot easily attack. If something feels “off” after a crash, say so to your doctor . Vague symptoms noted early often matter more than a perfect narrative added months later.
Traumatic brain injury (TBI)
Can occur with or without helmet, LOC, or visible trauma. Cognitive, vestibular, and mood symptoms may lag. Our brain injury team works with neuropsychologists and treating neurologists.
Spinal cord and disc injuries
From compression fractures to herniations and cord injuries affecting sensation and motor function. See spinal injury.
Orthopedic trauma
Clavicle, wrist, facial, and lower-extremity fractures often require ORIF hardware and months of PT.
Road rash and degloving
Deep abrasions and soft-tissue loss may need debridement, grafting, and leave visible scarring.
Internal injuries
Splenic, hepatic, renal, and pulmonary injuries can worsen hours after impact, another reason not to skip the ER.
Catastrophic injury
Amputation, polytrauma, and injuries requiring lifetime attendant care. Catastrophic injury overview.
Wrongful death
Heirs may pursue damages under CCP §377.60. Wrongful death practice.
California Laws That Protect Cyclists
California’s bicycle and personal injury laws give cyclists strong protections, but only if you know which statutes apply and how to use them. The most important provisions in a bicycle accident case:
Cal. Veh. Code §21200: Cyclists Have the Same Rights as Drivers
Cyclists are entitled to use the road and are subject to the same traffic laws as motor vehicles, with limited exceptions. Read the statute. This is the foundational rule: a cyclist on the road is not a guest, an obstacle, or a pedestrian . They are a vehicle operator with full rights of way.
Cal. Veh. Code §21202: Right-Side Riding Rule (with Exceptions)
Cyclists riding slower than the speed of traffic must ride as close as practicable to the right curb, but the statute lists several explicit exceptions: passing, preparing for a left turn, avoiding hazards (debris, parked cars, opening doors), and lanes too narrow to share. Read the statute. Insurance companies often argue cyclists violated §21202; we routinely defeat that argument by walking through the listed exceptions.
Cal. Veh. Code §21760: The Three Feet for Safety Act
Drivers must give cyclists at least three feet of clearance when passing. If three feet is not possible, the driver must slow to a “reasonable and prudent” speed and pass only when it would not endanger the cyclist. Read the statute. Violation creates negligence per se in a civil case.
Cal. Veh. Code §22517: Dooring
It is illegal to open a vehicle door on the traffic side unless it is reasonably safe to do so, and the door must not be left open longer than necessary to load or unload. Read the statute. This is the controlling law in cyclist-vs-parked-car door cases, and it places the burden squarely on the driver to look before opening.
Cal. Veh. Code §21212: Helmets for Minors
California requires helmets for cyclists under 18. Adults are not legally required to wear a helmet, and not wearing one does not bar an adult cyclist’s claim. Read the statute.
Cal. Civ. Code §1714: General Negligence
The foundational California statute holding people responsible for injuries caused by their lack of ordinary care. Read the statute. Every bicycle accident case is at its core a negligence case under this statute.
Cal. Civ. Proc. Code §335.1: Two-Year Statute of Limitations
Personal injury claims must be filed within two years of the injury. Read the statute.
Cal. Gov. Code §911.2: Six-Month Government Claim Deadline
If a public entity (city, county, transit agency, school district, the State of California) is potentially liable, you must file a written government claim within six months of the injury or you lose the right to sue. Read the statute. This deadline is harsh and unforgiving. It applies even if you didn’t realize a government entity was involved.
Pure Comparative Negligence under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
California’s Supreme Court abolished contributory negligence in 1975 and adopted pure comparative fault. A cyclist who is partly at fault still recovers, and their award is just reduced by their percentage. Even at 90% fault, an injured cyclist recovers 10% of their damages.
Who Can Be Held Liable for a Bicycle Accident
“Who hit me?” is rarely the only question worth asking. The deeper question is: “Whose insurance and assets are available to make this right?” In most cases, multiple parties are potentially on the hook:
- The driver who hit you: covered by their auto liability insurance. California minimum limits are only $30,000 per person, which is rarely enough for a serious injury.
- The driver’s employer: if the driver was working at the time of the crash, the employer is vicariously liable under respondeat superior. This often unlocks commercial auto policies of $1 million or more, plus excess coverage.
- A delivery or rideshare company: Uber, Lyft, DoorDash, Amazon Flex, and similar gig platforms often carry $1 million liability coverage that applies while a driver is “on app.” The interplay is technical, and these companies fight coverage aggressively.
- A government agency: if a dangerous road design, missing signage, or unfixed hazard contributed to the crash, the city, county, Caltrans, or transit agency can be liable under Cal. Gov. Code §835. The six-month claim deadline applies. Call a lawyer immediately.
- A bar, restaurant, or social host: under California’s “dram shop” exception in Bus. & Prof. Code §25602.1, an establishment that serves alcohol to an obviously intoxicated minor can be liable for resulting injuries.
- A vehicle or component manufacturer: if a defect (failed brakes, malfunctioning sensor, defective autonomous-driving feature) contributed.
- Your own auto insurer: Uninsured/Underinsured Motorist coverage on a personal auto policy in California extends to the policyholder while cycling. If the at-fault driver is uninsured, underinsured, or fled, your own UM/UIM policy may be the most important source of recovery in the case.
What Compensation Can Include
California recognizes three categories of damages in a bicycle accident case. The first two are available in essentially every case; the third is reserved for egregious conduct.
Economic Damages
Past and future medical bills (ER, surgery, imaging, physical therapy, in-home care). Past and future lost wages. Reduced earning capacity if your injuries prevent you from returning to the work you did before. Out-of-pocket costs (ride-shares to appointments, replacement bike, replacement gear).
Non-Economic Damages
Pain and suffering. Emotional distress. Loss of enjoyment of life. Scarring and disfigurement. Loss of consortium for spouses. California does not cap non-economic damages in personal injury cases. The medical malpractice cap in MICRA does not apply to crashes.
Punitive Damages
Available where the defendant acted with malice, oppression, or fraud (Cal. Civ. Code §3294). Most common against drunk drivers and against corporate defendants who knew about a hazard and ignored it.
Deadlines: Don’t Lose Your Case to the Calendar
California’s statutes of limitations are strict. Missing one is almost always fatal to a case, no matter how strong the underlying facts.
| Type of Claim | Deadline | Authority |
|---|---|---|
| Personal injury against a private driver | 2 years from the crash | CCP §335.1 |
| Wrongful death against a private driver | 2 years from the date of death | CCP §335.1 |
| Claim against a city, county, or state agency | 6 months from the crash | Gov. Code §911.2 |
| Lawsuit against a government entity (after the agency rejects your claim) | 6 months from the rejection notice | Gov. Code §945.6 |
| Claims involving a minor | Tolled until the child’s 18th birthday | CCP §335.1 + §352 |
| Property damage to bike, helmet, gear | 3 years | CCP §338 |
The six-month government claim deadline is the most missed deadline in California personal injury law. If there is any chance a public entity (a city, the County of Los Angeles, Metro, Caltrans, a school district, a public hospital) was involved, treat the six-month clock as the operative deadline, not the two-year clock.
“Was It Partly My Fault?” and Comparative Fault in California
The most common reason injured cyclists don’t call a lawyer is the worry that the crash was partly their fault. In California, that worry is misplaced.
California is a pure comparative negligence state. Even if you were partly at fault for the crash, you can still recover, and your award is just reduced by your percentage of fault. If a jury finds your damages were $1,000,000 and you were 30% at fault, you still recover $700,000. Even at 90% fault, you can recover 10%. This rule comes from the California Supreme Court’s decision in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), which abolished the harsh old rule that any fault on the plaintiff’s part barred recovery entirely.
Insurance adjusters routinely overstate the cyclist’s fault to justify a low offer (“you were riding outside the bike lane,” “you didn’t have a light,” “you weren’t wearing a helmet”). Many of those arguments are wrong on the law and most are exaggerated. The only way to know what your case is actually worth is to have a trial lawyer evaluate it.
Insurance Issues Specific to Bicycle Cases
Bicycle accident cases involve a different insurance landscape than typical car-vs-car crashes. The complications most likely to affect your recovery:
Your own auto policy may be your biggest source of recovery. California Insurance Code §11580.2 requires uninsured/underinsured motorist (UM/UIM) coverage on every auto policy unless the policyholder rejects it in writing. UM/UIM extends to the policyholder while they are cycling, walking, or even sitting in a coffee shop hit by a car. If the at-fault driver had only a $30,000 minimum policy and your damages are $300,000, your own UM/UIM coverage steps in for the rest, up to your policy limits.
Health insurance subrogation. Your health plan will pay your medical bills up front but will assert a lien on any settlement you recover. Federal ERISA plans, Medicare, and Medi-Cal all have aggressive reimbursement rights, but each has different rules, and most can be negotiated down significantly. Settling without addressing every lien is one of the most common ways injured people end up with far less money in pocket than they expected.
MedPay coverage. Many auto policies include $1,000 to $10,000 in Medical Payments coverage that pays regardless of fault. Some homeowner’s and renter’s policies extend MedPay to bicycle injuries. Stacking these coverages can pay for treatment immediately while the larger case proceeds.
Commercial coverage when the at-fault driver was working. If the driver was on the clock (a delivery driver, a contractor in a company truck, an Uber driver on a trip), the employer’s commercial policy is in play. These policies often range from $1 million to $5 million per occurrence, with additional excess layers. Identifying employer involvement early is one of the highest-leverage moves a plaintiff’s lawyer makes.
“Good driver” tactics from the defense. Defense lawyers and adjusters routinely send cyclists to chiropractors who minimize injuries, hire biomechanics experts to argue the crash couldn’t have caused the injury, and surveil claimants for months. Knowing how the defense plays the game is half the work.
How Kramer Trial Lawyers Handles Bicycle Accident Cases
Most personal injury firms in Los Angeles never set foot in a courtroom. They settle anything they can, because trying a case is hard, expensive, and most lawyers are not trained for it. KTL is built differently.
- Free, same-day consultation. A real attorney reviews your facts, the police report, and any photos. We tell you honestly whether you have a case worth pursuing.
- Investigation begins immediately. We send investigators to the scene, pull traffic camera and surveillance footage before it’s overwritten, interview witnesses while memories are fresh, and retain accident-reconstruction and biomechanics experts early.
- Medical care coordination. If you don’t have a doctor or your treatment is being denied, we connect you with specialists who treat injured patients on a lien basis, so you get the care you need without paying out of pocket.
- Building the medical narrative. We gather every medical record, every imaging study, every prescription, and we work with treating physicians to document how the injury changed your life. This is where cases are won and lost, long before any courtroom.
- Demand and negotiation. When you’ve reached maximum medical improvement, we issue a comprehensive demand backed by every piece of evidence. Insurance carriers know which firms try cases and which firms don’t, and they offer accordingly.
- Litigation when necessary. If the offer doesn’t reflect the case’s true value, we file suit and prepare for trial from day one. Discovery, depositions, expert designations, motion practice. We do not “pad the file.” Every step is built for trial readiness.
- Trial. KTL has tried cases against the largest insurance carriers and the most well-funded defense firms in California. Recent results include eight-figure verdicts in pedestrian, automobile, and government-liability cases. That track record changes how the defense values our cases from the moment we send the demand.
“We try cases. That is what we are built for, and it is what makes our settlement offers higher than firms that won’t see the inside of a courtroom.”
Daniel Kramer, Founding Partner
Attorneys Who Handle Your Case at KTL
Bike cases demand lawyers who translate physics, visibility, and roadway context into jury-ready narratives without talking down to riders or judges. The right team pairs scene work with medical literacy so that “soft tissue” dismissals do not flatten real harm.
Daniel Kramer
Founding Partner
Daniel Kramer is a trial lawyer who specializes in representing families and individuals involved in catastrophic personal injury and wrongful death matters, as well as employment discrimination and retaliation lawsuits.
Teresa Johnson
Partner, Trial Lawyer
Teresa is a trial lawyer and partner at Kramer Trial Lawyers practicing in the areas of plaintiff’s personal injury, wrongful death and employment litigation.
David Paletz
Trial Lawyer
David is a trial lawyer practicing in the areas of plaintiff’s medical malpractice, catastrophic personal injury, and wrongful death.
Bicycle Accident FAQ
After a bicycle crash, your health and safety should come first. Seek medical attention immediately, even if injuries do not seem serious at first. Bicycle accidents often cause injuries that may worsen over time, including head injuries, fractures, and spinal trauma. If possible, call law enforcement and request an accident report. Take photographs of the scene, your bicycle, vehicles involved, traffic signals, road conditions, visible injuries, and any hazardous conditions.
Gather contact information from drivers, witnesses, and responding officers. Preserve damaged safety equipment, including helmets and clothing, as these items may later become important evidence.
Avoid discussing fault with insurance companies before understanding your legal rights. Keep records of medical treatment, missed work, expenses, and how the injuries affect your daily life. An experienced bicycle accident attorney can help preserve evidence, investigate liability, and protect your right to compensation.
Liability in a bicycle accident case is often proven by showing that a driver, property owner, government agency, or another party acted negligently and caused the collision. Helpful evidence may include accident reports, traffic camera footage, witness statements, photographs, bicycle damage, medical records, and cellphone or vehicle data.
Common causes of bicycle accidents include distracted driving, unsafe lane changes, speeding, failure to yield, opening car doors into cyclists, unsafe road conditions, or violations of bicycle safety laws. In some cases, dangerous roadway design or poor road maintenance may also contribute to the accident.
Bicycle accident victims may be entitled to compensation for medical expenses, lost wages, rehabilitation costs, future medical care, and reduced earning ability. Compensation may also include pain and suffering, emotional distress, loss of enjoyment of life, and the long-term impact the injuries have had on daily activities. Severe bicycle accidents can result in catastrophic injuries requiring ongoing treatment, accommodations, or long-term care.
The timeline for a bicycle accident case depends on factors such as the severity of the injuries, insurance disputes, and whether the case settles or proceeds to litigation. In California, most personal injury claims must generally be filed within two years of the accident. However, shorter deadlines may apply if a government agency or dangerous public roadway is involved. Because evidence can disappear quickly, it is important to act promptly and preserve documentation early.
Insurance coverage in bicycle accident cases may involve auto insurance policies, uninsured or underinsured motorist coverage, homeowners insurance, commercial policies, or government liability claims. Disputes may arise regarding comparative fault, policy limits, or whether the driver had sufficient insurance coverage. An experienced attorney can help identify available coverage, negotiate with insurers, and pursue full compensation for your injuries.
Related Practice Areas
Bicycle accidents often produce injuries and legal issues that overlap with our other practice areas. Learn more:
Authoritative Resources
For readers who want to dig deeper, these are the primary sources we cite throughout this page:
- California Vehicle Code (full text)Official statute text from the California Legislature.
- LADOT: Safety Programs (Vision Zero)City of Los Angeles transportation safety hub; links to Vision Zero materials and corridor safety work.
- LADOT Livable Streets: Vision Zero programProgram detail page for LA’s Vision Zero initiative (linked from the official LADOT safety hub).
- California Highway Patrol, SWITRSStatewide Integrated Traffic Records System overview and annual California collision reports.
- California Crash Reporting System (CCRS): Open DataState of California portal for downloadable crash, party, and injury files (successor dataset to public iSWITRS queries).
- CHP, iSWITRS / CCRS transition pageOfficial CHP notice that public Internet SWITRS access ended Jan. 8, 2025, with raw data via CCRS.
- California Office of Traffic SafetyState-level safety statistics and county/city crash rankings.
- NHTSA, Traffic Safety Facts (example publication)Federal pedalcyclist fatality and injury statistics; swap in the latest year when updating production copy.
- CalBike (California Bicycle Coalition)Statewide bicycle advocacy; policy explainers on Complete Streets, e-bike safety, and funding.
- IIHS, Protected bike lane injury research (news summary)Peer-reviewed-backed IIHS reporting on how infrastructure design affects cyclist injury risk.
- UC Berkeley TIMS (Transportation Injury Mapping System)Interactive maps built on California SWITRS data, useful for visualizing crash hotspots by jurisdiction.