California Three Feet for Safety Act: Your Rights After a Bicycle Accident

California Vehicle Code Section 21760, commonly known as the Three Feet for Safety Act, became law in 2014 to protect cyclists from dangerous passing maneuvers. The law requires motorists to maintain a minimum of three feet of clearance when overtaking and passing a bicycle traveling in the same direction. If traffic or roadway conditions prevent three feet of clearance, drivers must slow to a safe speed and only pass when it won't endanger the cyclist.

This law applies on all California roadways where bicycles are permitted, including city streets, county roads, and state highways. The three-foot minimum is measured from the furthest point of the vehicle (typically the side mirror) to the furthest point of the bicycle or cyclist. Violations can result in a $35 base fine, or $220 if the unsafe pass results in a collision causing injury or death.

While the fine may seem modest, violations of the Three Feet for Safety Act carry significant weight in bicycle accident personal injury claims. When a driver fails to maintain the required clearance and causes an accident, this violation serves as strong evidence of negligence, often making it easier to establish liability and secure fair compensation for your injuries.

Three-feet law violations occur in various situations, but certain scenarios are particularly common. Narrow roads with no bike lanes often see drivers attempting to squeeze past cyclists without adequate clearance, especially when oncoming traffic prevents them from moving into the adjacent lane. Urban areas with parked cars create another dangerous situation, as drivers may pass too closely while trying to avoid the parked vehicles.

High-traffic periods increase violation risks significantly. Impatient drivers rushing to work or appointments may attempt unsafe passes, misjudging the space needed or simply prioritizing their schedule over cyclist safety. Rural highways present unique dangers, as higher speed limits mean even a momentary lapse in judgment can result in catastrophic injuries when a driver passes too closely.

Construction zones and areas with temporary lane closures also see frequent violations. Drivers focused on navigating detours or merging traffic may fail to notice cyclists or underestimate the space required for safe passing. Understanding these common scenarios helps establish the context of your personal injury claim and demonstrates the driver's negligence.

When drivers violate the three-feet rule, the resulting collisions often cause severe injuries. Side-swipe accidents occur when a vehicle's mirror or body strikes the cyclist, typically causing the rider to lose balance and fall. These accidents frequently result in broken bones and fractures, particularly to the arms, wrists, and collarbones as cyclists instinctively try to break their fall.

Head injuries and traumatic brain injuries are among the most serious consequences of three-feet law violations. Even cyclists wearing helmets can suffer concussions, skull fractures, or permanent brain damage when thrown from their bikes at high speeds. Road rash and soft tissue injuries are also common, as cyclists slide across pavement after being struck or forced off the road.

Spinal cord injuries and back and neck injuries can result in permanent disability, paralysis, or chronic pain that affects every aspect of your life. The force of impact combined with the fall can compress vertebrae, herniate discs, or damage the spinal cord itself. These catastrophic injuries often require extensive medical treatment, multiple surgeries, and long-term rehabilitation, making it essential to pursue full compensation for all current and future damages.

Successfully proving a driver violated California's three-feet law requires gathering and preserving critical evidence. Witness testimony is invaluable—other motorists, pedestrians, or cyclists who observed the accident can provide crucial accounts of the inadequate passing distance. Their statements help establish exactly what happened and corroborate your version of events.

Physical evidence from the accident scene plays a vital role in building your case. Photographs of vehicle damage, bicycle damage, road conditions, and your injuries should be taken as soon as possible. Skid marks, debris patterns, and the final positions of the vehicles and bicycle can help accident reconstruction experts determine the passing distance and demonstrate the violation.

Video evidence has become increasingly important in bicycle accident cases. Dashboard cameras, traffic cameras, security cameras from nearby businesses, and even doorbell cameras may have captured the accident. Your bicycle accident attorney can issue preservation letters to ensure this footage isn't deleted and can work with experts to analyze the video frame-by-frame to establish the exact clearance distance.

California follows a pure comparative negligence system, meaning you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. Insurance companies often try to shift blame to cyclists by claiming they were riding unpredictably, not using lights at night, or violating traffic laws themselves.

It's important to understand that even if you made a minor mistake, a driver's violation of the three-feet law typically represents the primary cause of the accident. For example, if you were riding without a rear light at dusk but the driver still had a legal obligation to maintain three feet of clearance, the driver's violation likely contributed more significantly to the collision than your equipment violation.

Working with an experienced bicycle accident lawyer helps protect you from unfair blame-shifting tactics. Your attorney can gather evidence demonstrating the driver's violation was the substantial factor in causing your injuries, minimizing any comparative fault assigned to you and maximizing your compensation recovery.

Victims of bicycle accidents caused by three-feet law violations can pursue both economic and non-economic damages. Economic damages include all quantifiable financial losses: medical expenses (emergency room visits, hospitalization, surgery, medication, physical therapy, and future medical care), lost wages from time off work, reduced earning capacity if your injuries prevent you from returning to your previous occupation, and property damage to your bicycle and gear.

Non-economic damages compensate for intangible losses that significantly impact your quality of life. Pain and suffering damages account for the physical pain and discomfort you've endured and will continue to experience. Emotional distress damages address anxiety, depression, PTSD, and other psychological impacts of the accident. Loss of enjoyment of life damages compensate you for activities you can no longer participate in due to your injuries.

In cases involving particularly egregious conduct—such as a driver with multiple prior traffic violations, evidence of road rage, or intentional harassment of cyclists—punitive damages may be available. These damages are designed to punish the wrongdoer and deter similar conduct in the future. Your attorney can evaluate whether your case warrants pursuing punitive damages in addition to compensatory damages.

The claims process begins immediately after your accident. First, seek medical attention even if you feel your injuries are minor—some serious injuries don't manifest symptoms immediately, and delayed treatment can harm both your health and your claim. Report the accident to law enforcement and ensure an official police report is filed, as this document will be crucial evidence in your case.

Document everything related to your accident and injuries. Take photographs of your injuries as they heal, keep all medical records and bills, maintain a pain journal describing your daily symptoms and limitations, and save all correspondence with insurance companies. This documentation builds a comprehensive picture of how the accident has affected your life and supports your demand for fair compensation.

Your attorney will handle communications with the insurance company, conduct a thorough investigation, gather evidence, consult with medical and accident reconstruction experts, and negotiate for a fair settlement. If the insurance company refuses to offer adequate compensation, your lawyer will file a lawsuit and take your case to trial. Throughout this process, you'll be kept informed of all developments and will make the final decision on whether to accept any settlement offer.

California law imposes strict deadlines for filing personal injury lawsuits. Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of the bicycle accident to file a lawsuit against the at-fault driver. If you miss this deadline, the court will almost certainly dismiss your case, and you'll lose your right to compensation forever.

Certain circumstances can modify this two-year deadline. If the accident involved a government vehicle or occurred due to a dangerous road condition maintained by a government entity, you must file an administrative claim within six months of the accident. The discovery rule may extend the deadline if you didn't immediately discover your injuries, though this exception is narrowly applied.

Don't wait until the deadline approaches to take action. Evidence disappears, witnesses' memories fade, and insurance companies become less willing to negotiate as time passes. Consulting with a bicycle accident attorney as soon as possible after your accident ensures your rights are protected and gives your legal team maximum time to build the strongest possible case.

Insurance adjusters are trained to minimize payouts, and they'll use various tactics to reduce or deny your claim. They may contact you shortly after the accident, acting friendly and concerned while asking you to provide a recorded statement. Anything you say can be used against you—even innocent comments can be twisted to suggest you weren't seriously injured or were partially at fault.

Common insurance company tactics include offering quick, lowball settlements before you fully understand the extent of your injuries, requesting authorization to access all your medical records (including unrelated pre-existing conditions they can use to argue your injuries weren't caused by the accident), and delaying the claims process hoping you'll become desperate and accept less than you deserve.

Never accept a settlement offer without first consulting an attorney. Once you accept a settlement and sign a release, you cannot pursue additional compensation even if you later discover your injuries are more severe than initially believed. An experienced personal injury attorney understands the true value of your claim and will negotiate aggressively to ensure you receive fair compensation for all your damages.

Bicycle accident cases involve unique legal and technical issues that require specialized knowledge and experience. Not all personal injury attorneys understand the specific laws protecting cyclists, the common causes of bicycle accidents, or the tactics insurance companies use to deny bicycle injury claims. A lawyer who regularly handles car accident cases may not have the expertise needed to maximize your bicycle accident recovery.

Specialized bicycle accident attorneys understand California's cycling laws, including the three-feet rule, bike lane regulations, and cyclists' rights to use roadways. They have relationships with accident reconstruction experts who can analyze the collision dynamics, medical experts who can testify about your injuries and future care needs, and economic experts who can calculate your lost earning capacity and future financial losses.

At Hurt Advice, our attorneys have successfully recovered millions of dollars for injured cyclists throughout California. We understand the unique challenges you face, and we're committed to holding negligent drivers accountable. We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. Contact us today for a free, no-obligation consultation to discuss your three-feet law violation claim.

While pursuing your personal injury claim, you're also contributing to broader cyclist safety efforts. Every successful claim against a driver who violated the three-feet law sends a message that this behavior has serious consequences. Insurance companies track these claims, and as payouts increase, they pressure their insureds to drive more carefully around cyclists.

Advocacy organizations throughout California work to improve cyclist safety through education, infrastructure improvements, and stronger enforcement of existing laws. Supporting these organizations and sharing your story (when you're comfortable doing so) helps raise awareness about the dangers cyclists face and the importance of the three-feet rule.

If you've been injured in a bicycle accident caused by a driver's violation of California's Three Feet for Safety Act, you don't have to face the legal process alone. The experienced attorneys at Hurt Advice are here to fight for your rights and secure the compensation you deserve. Contact us today for a free consultation, and let us help you on the road to recovery.