What to Do After a Bicycle Accident in CA

Rights and Duties

Cyclists have the rights — and duties — of a driver

Under California Vehicle Code 21200, a person riding a bicycle on a roadway generally has all the rights and is subject to all the duties of a driver of a vehicle. That cuts both ways: drivers must respect your right to the road, but you are also expected to follow traffic laws. Confirm the current text of this statute and how it applies to your situation with a licensed California attorney.

Riding Position

Where you're allowed to ride (and why it matters for fault)

Insurers often argue a cyclist was in the wrong place, but California law is more protective than that. Vehicle Code 21202 requires a rider moving slower than traffic to ride as close as practicable to the right-hand curb or edge, but with broad exceptions for passing, preparing to turn left, and avoiding hazards or substandard-width lanes too narrow to share safely. Courts read practicable as reasonable and safe, not as far right as physically possible. Vehicle Code 21208 says that on a road with a bike lane, a slower rider should generally use the bike lane, again with exceptions for passing, left turns, hazards, and approaching a right turn.

• VC 21202: ride as far right as practicable, with exceptions for passing, left turns, hazards, and narrow lanes.
• VC 21208: use the bike lane when riding slower than traffic, with similar exceptions.
• Practicable means reasonable and safe, not literally as far right as possible.
• How these rules affect fault is fact-specific — confirm with an attorney.

Passing and Doorings

The Three Feet rule and dooring crashes

Under Vehicle Code 21760, the Three Feet for Safety Act, a driver passing a bicycle going the same direction must leave at least three feet between the vehicle and the rider. If three feet is not possible due to traffic or road conditions, the driver must slow to a reasonable and prudent speed and pass only when it will not endanger the rider; a higher fine applies if the driver causes injury to the cyclist. A dooring — a parked driver or passenger opening a door into your path — is one of the most common bike-versus-car conflicts. Vehicle Code 22517 prohibits opening a vehicle door on the traffic side unless it is reasonably safe and without interfering with traffic. Doorings are frequently the driver's responsibility, but document the parked car, the door, and your line of travel.

• VC 21760 requires at least three feet of clearance when a driver passes a cyclist.
• If three feet is not possible, the driver must slow down and pass only when safe.
• An enhanced fine applies where a passing-distance violation injures the cyclist.
• VC 22517 addresses doorings by barring unsafe opening of a vehicle door into traffic.

Helmets and Bias

Helmets and the bias against riders

California's helmet law, Vehicle Code 21212, requires a helmet only for riders under 18; there is no statewide helmet requirement for adults. Insurers sometimes try to blame an injured rider for not wearing a helmet, or for clothing or visibility, but whether that argument has any legal traction is fact-specific and is exactly the kind of issue to raise with an attorney. Riders also sometimes face an unfair assumption that the cyclist must have done something wrong, which is one more reason scene documentation and witnesses matter.

• VC 21212 requires bicycle helmets only for riders under 18.
• There is no adult helmet mandate in California.
• Whether helmet non-use can reduce recovery is fact-specific — ask an attorney.
• Documentation and witnesses help counter assumptions that the rider was at fault.

Sources of Recovery

Who pays — even though you weren't in a car

If a driver was at fault, their auto liability insurance is usually the primary source of recovery. But two other sources often apply to cyclists. Your own uninsured/underinsured motorist coverage can apply when you are hit while cycling by an at-fault driver who has no insurance or too little, and frequently in hit-and-run crashes, because UM/UIM follows the person, not just the car. Health insurance and medical liens also matter: your health plan typically pays for treatment up front and may seek repayment from a settlement. If a pothole, missing signage, or dangerous bikeway design contributed, a public entity may be involved, and claims against government entities carry a much shorter deadline. Coverage depends on your specific policy language, so confirm what applies with an attorney.

• At-fault driver's auto liability insurance is usually the primary source.
• Your own UM/UIM coverage can apply to bike crashes, including hit-and-run.
• Health insurance may pay up front and assert a lien against your settlement.
• A bad road or government vehicle can bring a public entity into the claim.

Fault and Deadlines

Comparative fault, deadlines, and case value

California uses pure comparative negligence, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. If you are found partly at fault — say you were riding without lights at night — your recovery is reduced by your percentage of fault, but it is not eliminated, even if your share is large. A driver's the cyclist came out of nowhere claim is an argument, not a verdict. On timing, Code of Civil Procedure 335.1 generally requires a personal-injury lawsuit to be filed within two years of the crash, and missing it almost always bars the claim. If a public entity is a responsible party, Government Code 911.2 generally requires a written claim within six months of the injury before you can sue. Minors and discovery rules can change the timeline, so do not assume — confirm your dates with a lawyer.

• Pure comparative negligence reduces but does not erase a partly-at-fault cyclist's recovery.
• CCP 335.1 sets a general two-year deadline to file a personal-injury lawsuit.
• Gov. Code 911.2 generally requires a government claim within six months.
• Minor tolling and late-claim relief may apply — confirm exact dates with a lawyer.