Practice area
Bicycle accident lawyers for injured riders
Under California law, a cyclist belongs on the road as much as any car. When a driver forgets that, we make sure the claim doesn't. Free review, no fee unless we win.
Cyclists occupy a strange position on California roads: full legal members of traffic, treated by some drivers as obstacles. The law is clear — people riding bicycles have generally the same rights and responsibilities as people driving cars. The physics are equally clear, and far less fair. When a car and a bike collide, the rider takes the damage.
The crashes we see follow patterns cyclists know well: a driver turning right across a bike lane, a car door flung open into a rider's path, an unsafe pass with inches to spare instead of the three feet the law requires, a left turn across an oncoming cyclist at an intersection. In most of these, the driver's obligation was unambiguous. Yet the insurance conversation that follows often begins with questions about what the cyclist was wearing and where exactly the bike was positioned.
That is the gap we close. We document the crash — the roadway, the bike lane, the vehicle damage, the witnesses — and we push back on the reflexive assumption that the person on two wheels must have done something wrong. The consultation is free, and we only get paid if we recover for you.
Common ways bicycle crashes happen
Dooring: a parked driver opens a door into a rider's path, leaving no time to react. Right hooks: a driver passes a cyclist and then turns right across their line. Left crosses: an oncoming driver turns left through a cyclist at an intersection. Unsafe passing: drivers squeezing past with far less clearance than the three feet California requires. Add poorly maintained pavement — potholes, cracks, debris along the shoulder where cyclists ride — and you have most of the serious bike cases we handle.
Each pattern has its own evidence: the door's arc and the bike's position in a dooring case, the vehicles' relative paths in a hook or cross, the road agency's maintenance records when pavement is to blame. Naming the pattern early tells us exactly what to preserve.
Arguments insurers make against cyclists
Expect some version of: the cyclist was outside the bike lane, weaving, running a stop, hard to see, or not wearing a helmet. Some points are worth engaging on the merits; others misstate the law. A cyclist is not required to stay pinned to the curb — riders may leave the edge of the road to avoid hazards, pass, or prepare for turns. And an adult cyclist who chooses not to wear a helmet has broken no law in California.
Under pure comparative negligence, even a rider who shares some fault still recovers, reduced by their percentage. The real fight is over that percentage, and it is won with specifics — positioning, timing, sight lines — not with generalities about how cyclists behave.
What compensation can cover
A bicycle injury claim can include emergency and follow-up medical care, physical rehabilitation, income lost while you heal, diminished future earning ability, your damaged bike and gear, other out-of-pocket costs, and compensation for pain and the interruption to your life — which for many riders includes the loss of the riding itself.
Claim value depends on injury severity, medical evidence, fault allocation, and available coverage. We will not pretend to know the number before knowing your facts, and you should be wary of anyone who does.
How the process works
We begin with a free conversation and an honest assessment. If we take your case, we gather the collision report, photograph the scene and your bike before repairs, identify witnesses, and check for camera footage — evidence in bike cases has a short shelf life. You focus on treatment while we build the file.
Once your medical picture is stable, we present a documented demand to the insurer and negotiate. If they will not be fair, we litigate. A claim that is clearly prepared for trial is valued differently from one that is not — that is the leverage, and it is earned in the first weeks, not the last.
California law on the side of cyclists
- Cyclists generally have the same rights and responsibilities on the road as drivers of vehicles. A bike is traffic, not an intrusion into it.
- Drivers passing a cyclist must give at least three feet of clearance under California's Three Feet for Safety Act, or slow down and pass only when it is safe.
- Helmets are required for riders under 18. Adults are not legally required to wear one, and riding without a helmet is not by itself negligence — though insurers may still argue about it, that argument has legal limits.
- Pure comparative negligence applies: sharing some fault reduces your recovery by your percentage but does not bar the claim.
- Most claims must be filed within two years under Code of Civil Procedure section 335.1 — but if a dangerous road condition maintained by a public entity caused your crash, a government claim generally must be presented within six months.
Frequently asked questions
A driver opened their door into me. Whose fault is that?
California law puts the burden on the person opening the door: it may only be opened when it is reasonably safe and will not interfere with moving traffic. A cyclist riding a predictable line who is doored has a strong claim. Expect the insurer to argue you were riding too close to parked cars; the roadway width, any bike lane markings, and your actual position answer that.
I wasn't wearing a helmet. Does that hurt my case?
If you are an adult, riding without a helmet is legal in California, and it has no bearing on who caused the crash. An insurer may argue a helmet would have reduced certain head injuries, which can affect damages for those specific injuries under comparative fault principles. It does not touch the rest of your claim — fractures, other injuries, lost income, your bike.
I crashed because of a pothole or broken pavement. Can I do anything?
Possibly — road maintenance cases can be brought against the public entity responsible for the roadway, but the deadline is short: a government claim generally must be presented within six months of the injury. These cases also turn on evidence that fades fast, so photograph the defect and the location as soon as you can, and get advice early.
I was riding outside the bike lane. Does that sink my claim?
No. Cyclists are not required to remain in a bike lane at all times — the law allows leaving it to avoid hazards, pass, or set up for a turn, among other reasons. Your position on the road is one fact among many in the comparative-fault analysis, not a disqualifier. The driver's duty to see and safely pass you never went away.
The driver's insurer offered to pay for my bike and a little extra. Should I take it?
Not before you understand your injuries. Quick offers that bundle property damage with a small injury payment usually come with a release that closes the entire claim — including injuries that have not fully surfaced yet. Get medically evaluated, then have someone review the offer against what the claim actually includes. That review costs nothing.
What do you charge?
Nothing up front and nothing unless we win. We work on a contingency fee taken from the recovery, and the initial case review is free.
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The case review is free and confidential, and you pay nothing unless we win. Tell us what happened, and we will tell you honestly where you stand.