San Diego Bicycle Accident Lawyer

California gives bicyclists the same rights, and subjects them to the same duties, as drivers on the road (Vehicle Code section 21200). A driver who hits a cyclist while passing too closely, turning across a bike lane, or opening a door into traffic can be liable for the injuries, and a cyclist’s own share of fault reduces but does not bar recovery (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Most injury lawsuits must be filed within two years (Code of Civil Procedure section 335.1). Our office is open 24/7 and calls are answered at (619) 525-7007.

Reviewed by Vikas Bajaj, Attorney at Law. Last reviewed November 3, 2026

San Diego’s weather makes cycling a year-round way to commute and exercise. Riding is legal on most streets, but a cyclist has little protection in a crash with a car, and even a low-speed collision can cause serious injury. This page explains the California rules that decide fault in bicycle crashes, the steps that protect a claim, and how compensation is calculated.

Work With Injury Trial Lawyers After a Bicycle Accident To Pursue Compensation

After a crash, the at-fault driver’s insurer begins its own investigation right away. The adjuster’s job is to evaluate and limit what the company pays. Having someone review the evidence, handle communications with the insurer, and track your medical costs lets you focus on recovery. We meet clients at any of the offices on our office locations page.

California law explained: bicycle crash claims

Rights and duties of drivers: a person riding a bicycle on a highway has all the rights, and is subject to all the duties, that apply to a vehicle driver, with some exceptions specific to bicycles (Vehicle Code section 21200).
Negligence: everyone is responsible for injuries caused by a lack of ordinary care (Civil Code section 1714). A driver who fails to look for cyclists, passes too closely, or turns without yielding may be negligent.
Three feet for safety: a driver passing a bicycle in the same direction must pass at a safe distance, at least three feet, and must change lanes to pass when another lane is available (Vehicle Code section 21760).
Bike lanes: drivers may not drive in a bike lane except to park where allowed, to enter or leave the roadway, or to prepare for a turn within 200 feet of an intersection (Vehicle Code section 21209).
Dooring: no one may open a vehicle door on the traffic side unless it is reasonably safe to do so, or leave it open longer than necessary (Vehicle Code section 22517).
Shared fault: California uses pure comparative fault; a cyclist found partly at fault has damages reduced by that share (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI 405).

California uses “pure” comparative fault. In Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, the California Supreme Court replaced the old all-or-nothing contributory negligence rule and held that a plaintiff’s own negligence does not bar recovery; damages are reduced in proportion to the plaintiff’s share of fault, even if that share is equal to or greater than the defendant’s. In a bicyclist case, that means a jury can assign percentages to each driver, rider, or company involved, and an injured person found partly at fault can still recover the remaining share.

Legislative history of the key bicycle laws

California’s bicycle rules are in Article 4 of Chapter 1, Division 11 of the Vehicle Code. Recent amendments include: Vehicle Code section 21200, last amended by Stats. 2018, Ch. 139 (AB 1755); Vehicle Code section 21201, amended by Stats. 2025, Ch. 36 (AB 544), effective January 1, 2026, which added the requirement that electric bicycles show a rear red reflector or light at all hours; Vehicle Code section 21202 and Vehicle Code section 21208, last amended by Stats. 1996, Ch. 674; Vehicle Code section 21209, last amended by Stats. 1988, Ch. 262; and Vehicle Code section 22517, enacted by Stats. 1963, Ch. 162. The Three Feet for Safety Act, Vehicle Code section 21760, took effect in 2014 and was amended by Stats. 2022, Ch. 343 (AB 1909) to require drivers to change lanes when passing a bicycle where another lane is available. Sources: leginfo section history notes.

California bicycle laws that affect fault

Three-foot rule: Vehicle Code section 21760 requires drivers passing a bicycle in the same direction to leave at least three feet of space.
Lane position: Vehicle Code section 21202 requires a bicyclist moving slower than traffic to ride as close as practicable to the right edge, with exceptions for passing, left turns, hazards, and lanes too narrow to share.
Lights at night: Vehicle Code section 21201 requires a white front light visible from 300 feet, a red rear reflector or light visible from 500 feet, and pedal and side reflectors when riding in darkness; since January 1, 2026, an e-bike must show the rear reflector or light at all hours.
Bike lanes: where a bike lane exists, a cyclist moving slower than traffic generally must use it, with exceptions for passing, left turns, and hazards (Vehicle Code section 21208).
Helmets: riders under 18 must wear a properly fitted and fastened helmet (Vehicle Code section 21212).
Shared fault: CACI 405 reduces, but does not bar, recovery when the injured person was partly at fault.
Lawsuit deadline: Code of Civil Procedure section 335.1 generally allows two years to file a personal injury lawsuit.

A cyclist’s violation of one of these rules does not end a claim. It may be raised as comparative fault, and the jury decides how much each party’s conduct contributed. The jury instructions on negligence and comparative fault are published by the Judicial Council (CACI) and on the California Courts website.

Common causes of bicycle crashes in San Diego

Right hooks: a driver passes a cyclist and then turns right across the cyclist’s path.
Left crosses: an oncoming driver turns left in front of a cyclist going straight.
Dooring: a parked driver or passenger opens a door into the bike lane.
Unsafe passing: a driver passes with less than three feet of space or sideswipes the rider.
Rear-end crashes: a distracted or speeding driver strikes a cyclist from behind.
Driveways and parking lots: a driver pulls out without seeing a cyclist on the street or sidewalk.
Road defects: potholes, cracks, and debris can cause falls; a public entity may be liable for a dangerous condition of public property (Government Code section 835).

The California Office of Traffic Safety funds bicycle and pedestrian safety programs across the state, including enforcement and education grants to local police departments.

What To Do After a San Diego Bicycle Accident

A crash is stressful, and adrenaline can make it hard to think clearly. These steps are general guidance; the order may change depending on your injuries.

Call 911

Call 911 or ask someone to call. Dispatch can send the San Diego Police Department and the San Diego Fire-Rescue Department, including paramedics. A police report records the scene, the parties, and witness names. Even when a crash seems minor, skipping the report can make it harder to prove later what happened.

Get Medical Attention

Accept medical evaluation at the scene and see a doctor as soon as possible, even if you feel fine. Some injuries, including concussions and internal injuries, do not show symptoms right away. Medical records made soon after the crash also document the link between the collision and your injuries.

Gather Eyewitness and Firsthand Accounts

Write down your own account while the details are fresh. Get names and phone numbers of witnesses. Look for businesses or homes with cameras that may have recorded the crash, and ask that footage be preserved; many systems overwrite video within days.

Preserve your bicycle and gear

Do not repair or throw away the bicycle, helmet, or clothing. Damage to the frame, wheels, and helmet can show the direction and force of the impact. Photograph everything before it is moved if you can.

File a Claim

Once the immediate needs are handled, the claim can be opened with the at-fault driver’s insurer. Your own auto policy may also provide uninsured or underinsured motorist coverage, even though you were on a bicycle. If a public road defect or a government vehicle was involved, a written claim usually must be filed with the public entity within six months (Government Code section 911.2).

Evidence that matters

The police report number and the officer’s name.
Photos of the scene, the vehicle, your bicycle, and your injuries.
Witness names and contact information.
Video from nearby cameras, dashcams, or a helmet camera.
Medical records and bills.
Records of missed work.

Common bicycle accident injuries

Keep the helmet and the bike as they are after the crash, since their damage helps show how a head or shoulder injury happened. For the statewide rules, see our brain injury page.

Negotiating Compensation for Your Losses

For riders, damages can include repair or replacement of the bicycle and gear as well as medical costs. The insurer will investigate, ask for a recorded statement, and request medical records. our explainer on economic and non-economic damages has the full background.

Economic and non-economic damages

For riders, damages can include repair or replacement of the bicycle and gear as well as medical costs. Read the Civil Code damages rules and CACI 3900 jury instructions for the shared California law.

Settlement offers, negotiation, and trial

Bicycle claims are often paid from the driver’s auto policy, so the policy limit shapes settlement talks. The general rules are on how CCP 998 offers and fee agreements work.

Deadlines for bicycle crash claims

If a pothole, a faded bike-lane marking, or a city vehicle was involved, the six-month government claim deadline applies. For the statewide rules, see the two-year rule and its exceptions.

Related injury pages

See our San Diego car accident page, catastrophic injury page, wrongful death page.

Bicycle accident questions and answers

How much is my bicycle accident case worth?

It depends on the medical costs, lost earnings, the effect of the injuries on daily life, and how fault is divided. Any share of fault assigned to you reduces the total. No one can predict a value before the facts are reviewed.

Will my case need to go to trial?

Most injury claims resolve through settlement, but some go to trial. Whether a case needs to be filed and tried depends on the evidence and the insurer’s position.

Should I accept the offer from the insurance company?

Not before you understand your injuries and future care. Accepting usually means signing a release that ends the claim.

Do I have to wear a helmet in California?

Riders under 18 must wear a helmet (Vehicle Code section 21212). Adults are not required to, though not wearing one may be raised as comparative fault in some cases.

How much room must a driver give me when passing?

At least three feet, and a driver must change lanes to pass when another lane is available (Vehicle Code section 21760).

Can I recover if I was partly at fault?

Yes. California’s pure comparative fault rule reduces damages by your share of fault but does not bar recovery (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).

How long do I have to file a bicycle accident lawsuit?

Generally two years from the injury (Code of Civil Procedure section 335.1). A claim against a public entity usually requires a written claim within six months (Government Code section 911.2).

How do attorney fees work?

No attorney fee unless we recover. If there is no recovery, you owe no attorney fees and no case costs, as stated in your fee agreement.

How do I reach Injury Trial Lawyers?

Injury Trial Lawyers is open 24/7, and calls are answered at (619) 525-7007.

This page is general information about California law, not legal advice.