California Bicycle Accident Lawyer
Free consultation. No fees unless we win.
On a bicycle, there is nothing between you and a two-ton vehicle except a helmet. Drivers who would never hit another car pass cyclists too closely, turn across their path or open a door without looking, and the rider pays for the mistake with broken bones or worse.
California law is clear that cyclists belong on the road. A person riding a bicycle generally has the same rights, and the same responsibilities, as a driver. Motorists must leave at least three feet when passing and must move into another lane to pass when one is available. Opening a car door into traffic is illegal unless it is reasonably safe. Even so, insurers often start from the assumption that the cyclist did something wrong.
The Law Offices of David P. Kashani represents injured cyclists and their families across California. We gather the evidence that shows what the driver did, answer the blame-shifting, and document injuries that are frequently more serious than they first appear. If an Uber or Lyft driver or a bus was involved, different insurance and deadlines may apply. The consultation is free, and you pay no attorney’s fees unless we recover compensation for you.
Bicycle accident cases we handle
Dooring
A driver or passenger opens a door into a cyclist’s path. California law puts the duty on the person opening the door to check that it is safe, which makes fault in many dooring cases straightforward to establish.
Right-hook and left-cross turns
A right-hook is a driver passing a cyclist and then turning right across the bike’s path. A left-cross is an oncoming driver turning left into a rider. Both usually come down to a driver who did not look or misjudged the cyclist’s speed.
Hit-and-run
If the driver is never found, the uninsured motorist coverage on your own auto policy may cover you even though you were on a bike. Report the crash to police immediately and keep anything that could identify the car.
Dangerous road conditions
Potholes, broken pavement, sunken grates, debris and badly marked construction zones can throw a rider. When a public agency is responsible for the road, a written government claim is generally due within six months.
Unsafe passing and sideswipes
Drivers who squeeze past in the same lane clip handlebars or force riders into parked cars and curbs. Vehicle damage, paint transfer and ride data can show how close the pass was.
Common causes of bicycle accidents
- Drivers distracted by phones or screens
- Failing to yield at intersections and driveways
- Passing with less than three feet of clearance
- Opening doors without checking for cyclists
- Turning across a bike lane without looking
- Speeding and impaired driving
- Potholes, cracks, debris and unsafe grates
- Poorly designed or blocked bike lanes
Types of injuries
- Concussions and traumatic brain injuries, even with a helmet
- Broken collarbones, wrists and arms
- Facial and dental injuries
- Road rash and permanent scarring
- Hip, knee and leg fractures
- Spinal injuries
- Internal injuries
Compensation you may be entitled to
Medical bills
Emergency care, hospital stays, surgery, medication, physical therapy and other treatment related to the crash.
Lost wages
Income you lost while you could not work, and reduced earning capacity if you cannot return to the same job.
Pain and suffering
Physical pain, emotional distress and the ways the injury limits your daily life.
Future care
Treatment, rehabilitation, equipment or in-home help your doctors expect you to need later.
Every case is different, and no outcome can be guaranteed. The value of a claim depends on how the crash happened, the injuries, any shared fault and the insurance available. We will give you a candid view after we review the facts.
How a bicycle accident claim works
- 1
Free consultation
You tell us what happened. We tell you whether we think you have a claim and what the next few weeks look like.
- 2
Investigation
We collect the police report, photos, video, witness statements and medical records before they go missing.
- 3
Negotiation
We put a documented demand in front of the insurance company and push back on low offers.
- 4
Trial if needed
If the insurer will not be reasonable, we are prepared to file suit and present your case to a jury.
What to do after a bicycle accident
Adrenaline hides injuries. Even if you think you can ride away, take these steps.
- Get out of the roadway and call 911. Ask the officer to include your account in the report.
- Get the driver’s name, license, plate number and insurance details.
- Photograph the scene, the vehicle, your bike and any road defect, with something for scale.
- Collect names and numbers from witnesses.
- See a doctor right away, especially if you hit your head.
- Keep your bike, helmet, clothing and gear exactly as they are. Do not repair or throw anything away.
- Save ride data from your bike computer, phone or camera.
- Do not negotiate with the driver’s insurer on your own.
California law to know
Filing deadlines
Most California personal injury lawsuits must be filed within two years. If a road defect or a government vehicle was involved, a written claim to the public entity is generally due within six months. Consult an attorney promptly about which deadline applies.
Comparative fault and helmets
California requires helmets only for riders under 18. An adult who was not wearing one can still bring a claim, though an insurer may argue it contributed to a head injury. Under comparative fault, any share of blame reduces compensation and does not bar it.
Passing and dooring laws
The Three Feet for Safety Act requires drivers to give cyclists at least three feet when passing and to change lanes to pass when possible. A separate Vehicle Code section makes it unlawful to open a door into moving traffic unless it is reasonably safe. A violation can be strong evidence of fault.
Bicycle accident FAQs
Can I still bring a claim if I was not wearing a helmet?
Yes. California requires helmets only for riders under 18, and not wearing one does not prevent an adult from bringing a claim. The insurer may argue that a helmet would have reduced a head injury, which could affect the amount. It has no bearing on injuries to other parts of the body.
The driver’s insurer says the crash was my fault. What now?
Insurers often blame cyclists for riding in the lane, riding too fast or being hard to see. Cyclists generally have the same right to the road as drivers. Photos, witness statements, ride data and the vehicle damage pattern can show what actually happened. Even if you share some fault, California law reduces compensation and does not bar it.
What if the driver left the scene or has no insurance?
If you or a household member has auto insurance with uninsured motorist coverage, it may cover you as a cyclist. Report the crash to police right away, note anything you remember about the vehicle and look for nearby cameras. These claims have reporting requirements, so get legal advice early.
Can I bring a claim if a pothole or road defect caused my crash?
Possibly. A public entity can be responsible for a dangerous condition of its property if it knew or should have known about the hazard and did not fix it or warn of it. A written claim is generally due within six months, and photographs of the defect taken soon after the crash are important.
What compensation can an injured cyclist seek?
Depending on the facts: medical bills, future treatment, lost income, pain and suffering, and the cost to repair or replace your bicycle and gear. The amount depends on the injuries, fault and available insurance. No particular result can be promised.
How long do I have to file a bicycle accident lawsuit in California?
Generally two years from the date of the crash. If a public agency is involved, because of a road defect or a government vehicle, a written claim is usually due within six months. Consult an attorney promptly, since the deadline depends on the facts.
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