Vehicle Accidents
Drivers say they never saw you. The evidence usually says otherwise
A cyclist has the same right to the road as a driver, and California law says so directly. Insurers still start from the assumption that the rider was at fault.
About bicycle accidents claims
The collisions that injure cyclists follow predictable patterns. A driver turns right across a bike lane, opens a door into the path of traffic, passes without the three feet of clearance California requires, fails to yield when turning left, or rolls a stop sign at an intersection. Each pattern has its own physical signature in the damage, the debris field and the final rest positions, which is why an early scene investigation matters more here than in most cases.
Two other sources of responsibility are frequently overlooked. A public entity that maintained a dangerous roadway, a broken pavement edge, an unsafe grate or a bike lane that ends without warning may be liable for a dangerous condition of public property, and those claims carry a six-month administrative claim deadline that is far shorter than the ordinary limitations period. Separately, when a frame, fork, wheel, brake or e-bike battery fails, the claim becomes a product liability claim against the manufacturer under California strict liability.
California applies pure comparative negligence, so a rider who was partly at fault still recovers, reduced by that percentage. That rule matters because adjusters routinely raise helmet use, clothing color or lane position to devalue a claim rather than to establish what actually happened. We build the liability picture from the physical evidence instead.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Traumatic brain injury and concussion, including in helmeted riders
- Clavicle, wrist, hip and pelvic fractures
- Spinal cord injury and paralysis
- Severe road rash requiring debridement and grafting
- Internal organ injury from handlebar and vehicle impact
- Wrongful death in high-speed and heavy-vehicle collisions
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The driver who turned, passed, opened a door or failed to yield
- The employer of a driver who was working at the time
- A public entity responsible for a dangerous roadway or bike lane condition
- The manufacturer of a failed frame, fork, brake, wheel or e-bike battery
- A shop that assembled, sold or serviced the bicycle improperly
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- The bicycle itself, preserved unrepaired, along with the helmet
- Vehicle damage, debris field and scene photographs taken before cleanup
- Bike computer, phone or fitness app data showing speed and route
- Nearby business, transit, doorbell and dash camera footage before it overwrites
- Medical records and independent reconstruction of the impact sequence
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Bicycle Accidents: common questions
Injured by bicycle accidents? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.