How much time do I have to file a bicycle accident lawsuit?

Generally, there is a two (2) year statute of limitations for personal injury claims in California. However, there are additional limitations periods to consider for specific circumstances. For instance, if you were injured as a result of the negligence of a government employee or entity, you must file an administrative claim within six (6) months of the date of injury. After you file your claim, the government has 45 days to respond. If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you. If you do not get a rejection letter, you have 2 years to file from the day the incident occurred. But do not count on having 2 years to file your claim. Calculating the correct statute of limitations can be complicated and we recommend you contact an attorney to determine you have the correct date.

I don’t know if I can afford to hire an attorney to help me with my bicycle accident case. How much will it cost me?

We understand that most people can't afford to pay hourly attorney fees. That's why we work on a contingency fee basis. We only recover if we obtain a successful settlement or verdict for you. If we do not recover anything on your case, then you are not responsible to pay us for our time or any costs we may have incurred in pursuit of your case.

The police report listed me as "at fault" for the accident. Do I still have a case?

If you are listed as "at fault" in the police report, you may still have a case. Often there is a bias against cyclists that can affect how an officer writes his police report. In addition, many officers aren’t familiar with the current law and put the incorrect vehicle code sections in their reports. Bottom line, the facts dictate whether or not you have a case. Lastly, California is a comparative fault state. This means that even if you were partially at fault for an accident, the other party may be held responsible for their percentage of fault.

I’m new to bicycling. What can I do to learn the rules of the road and be more comfortable riding on the street?

I recommend you contact your local bike organizations or coalitions who often hold free bicycling safety classes or workshops. If you live in or near San Diego I recommend contacting the San Diego Bicycle Coalition, and if you live near San Francisco, I recommend you contact the San Francisco Bicycle Coalition.

If someone opens their car door, causing me to crash, who is at fault?

California Vehicle Code Section 22517 states that a person may only open a car door on the traffic side of a vehicle when it is reasonably safe. A common type of bicycle accident, especially in urban cities, is being “doored.” Bicyclists have a right to share the road with other vehicles, and it is the duty of the person opening the vehicle door to ensure that it is safe to open the door.

I was in a bike accident and I wasn’t wearing a helmet. How will that affect my case?

California Vehicle Codes Section 21212 requires persons under the age of 18 to wear a helmet while riding a bicycle in California. Cyclists over the age of 18 are not required to wear a helmet in California. Failing to wear a helmet will likely affect the severity of the injuries you suffer in an accident, however it should have no affect on the liability portion of your case.

Is there any type of insurance, other than medical insurance, that would cover the medical bills from my bicycle accident?

Yes. If you or someone you live with owns a car that has a medical pay provision on it, there may be coverage for this bicycle accident. Medpay is a no fault provision on a driving insurance policy that will pay for medical bills related to an accident.

What if the responsible party does not have any insurance or assets, will I still be able to be compensated for my injuries?

You may still be able to recover money from your accident if you have an uninsured motorist policy on your own vehicle.

If I call you, will I actually get to speak to an attorney?

The number listed in the contact section of this site will go directly to my cell phone. I will be the one speaking with you initially and working with you all throughout your case if it is accepted.

What are some common mistakes to avoid while riding my bike?

1. Riding Your Bike Too Close To Parked Cars

While it’s always best to leave room for vehicles to pass on your left, it’s equally important to leave enough space between your bike and parked vehicles on your right hand side to avoid being doored.

2. Riding Your Bike Unpredictably

Ride in a straight line and don’t swerve in and out of traffic or lanes. This will let approaching motorists know how much room is needed to safely pass you. If you are making a turn, signal ahead of time to give notice to motorists.

3. Responding To Road Rage On Your Bike

Some motorists are angered that they have to share the road with cyclists. Be the better person and do not get into a shouting match or argument with an angry motorist. If you feel threatened or have been injured by an angry motorist, report the incident to the police.

4. Not Slowing Around Pedestrians While Riding Your Bike

Slow down and be extra cautious when riding in areas with a high concentration of pedestrians. Pedestrians are often unaware that you are approaching and can be very unpredictable in their direction of travel. Be ready to stop at any time.

5. Not Wearing A Helmet While Riding Your Bike

Even if you are taking a short trip down the street, strap on your helmet. Helmets might not look cool or give you that same feeling of freedom when the wind is blowing through your hair, but they can protect you from suffering a traumatic brain injury.

6. Crossing Trolley Tracks On Your Bike

If you must pass the tracks, try to cross them at a perpendicular angle, so that your tires will not get stuck. Even the most experienced cyclists have stories about getting stuck in trolly tracks and being thrown from their bikes to the ground.

7. Beware Of Dogs When Riding Your Bike

Slow down and be extra cautious when approaching dogs. We all know how easily excited dogs can get, so you never know what could send them running in front of your bike. Even if they are on a leash, dogs can bolt in your pathway at any time.

8. Not Following Traffic Laws

Obey all stop signs and traffic signals. Failing to do so can put your safety in jeopardy and have a negative impact on the public opinion of cyclists. Cyclists have the same rights and responsibilities as other motorists on the road.

9. Assuming Cars See You On Your Bike

Wear bright colors with reflective material when riding to increase your visibility to motorists. Often drivers can look right through cyclists and not see them at all. Try to make eye contact with drivers. If you are riding at night, use bike lights.

10. Braking Too Late On Your Bike

Brake before you get into a turn instead of waiting until you are already in the turn. When braking in a turn, you have less traction which can cause you to skid and potentially lose control of your bike.

Are there laws that specifically address what a cyclist can and can't do on the road?

Yes. In California, the California Vehicle Code has specific laws that address the rights and responsibilities of cyclists on the road. For a list of California Vehicle Code sections related to bicyclists please see below.

CALIFORNIA VEHICLE CODE (CVC)

WHERE YOU CAN RIDE
If you're moving as fast as traffic, you can ride wherever you want.
If you're moving slower than traffic, you can still "take the lane." The law says that people who ride bikes must ride as close to the right side of the road as practicable except under the following conditions: when passing, preparing for a left turn, avoiding hazards, if the lane is too narrow to share, or if approaching a place where a right turn is authorized. CVC 21202. Unfortunately, some motorists and even police don't understand cyclists' right to "take the lane." If you have a legal problem based on this understanding, consider calling a bike accident lawyer.
Use the bicycle lane. On a roadway with a bike lane, bicyclists traveling slower than traffic must use the bike lane except when making a left turn, passing, avoiding hazardous conditions, or approaching a place where a right turn is authorized. CVC 21208
Ride with traffic. Bicyclists must travel on the right side of the roadway in the direction of traffic, except when passing, making a legal left turn, riding on a one-way street, riding on a road that is too narrow, or when the right side of the road is closed due to road construction. CVC 21650
Mopeds and high-speed electric bikes are not like regular bikes. Gas-powered bicycles and type 3 electric bicycles (with top assisted speeds of 28 mph) may not be used on trails or bike paths or lanes unless allowed by local authorities. They may be used in bike lanes or separated bikeways adjacent to the roadway. CVC 21207.5 They require helmets and may not be operated by people under age 16.
Low-speed electric bicycles are almost like regular bikes. Type 1 and 2 electric bicycles (with top assisted speeds of 20 mph) are allowed wherever regular bikes are allowed unless a sign specifically prohibits electric bicycles.
Bike path obstruction: No one may stop on or park a bicycle on a bicycle path. CVC 21211
Sidewalks: Individual cities and counties control whether bicyclists may ride on sidewalks. CVC 21206
Freeways: Bicycles (including motorized bicycles) may not be ridden on freeways and expressways where doing so is prohibited by the California Department of Transportation and local authorities. CVC 21960
Toll bridges: Bicyclists may not cross a toll bridge unless permitted to do so by the California Department of Transportation. CVC 23330
EQUIPPING YOUR BIKE
Brakes: Bicycles must be equipped with a brake that allows an operator to execute a one-braked-wheel skid on dry, level, clean pavement. CVC 21201(a)
Handlebars: Handlebars must not be higher than the rider's shoulders. CVC 21201(b)
Bicycle size: Bicycles must be small enough for the rider to stop, support it with one foot on the ground, and start safely. CVC 21201(c)
Lights: At night a white headlight visible from the front must be attached to the bicycle or the bicyclist. CVC 21201(d) and CVC 21201(e)
Reflectors: At night bicycles must have the following reflectors:
- Visible from the back: red reflector. You may attach a solid or flashing red rear light in addition to the reflector.
- Visible from the front & back: white or yellow reflector on each pedal or on the bicyclist's shoes or ankles
- Visible from the side: 1) white or yellow reflector on the front half of the bicycle and 2) a red or white reflector on each side of the back half of the bike. These reflectors are not required if the bike has reflectorized front and back tires. CVC 21201(d)
Seats: All riders must have a permanent, regular seat, unless the bicycle is designed by the manufacturer to be ridden without a seat. Bicycle passengers weighing less than 40 lbs. must have a seat which retains them in place and protects them from moving parts. CVC 21204
OPERATING YOUR BIKE
Helmet Law for Bikes: Bicyclists and bicycle passengers under age 18 must wear an approved helmet when riding on a bicycle. CVC 21212
Using Head Phones Riding Bike: Bicyclists may not wear earplugs in both ears or a headset covering both ears. Hearing aids are allowed. CVC 27400
Using Cell Phone Riding Bike: Unlike motorists, cyclists are permitted to use a handheld cell phone while riding. Be careful!
Using Alcohol and Drugs Riding Bike: Bicyclists may not ride while under the influence of alcohol or drugs. CVC 21200.5
Hitching Rides While Riding Bike: Bicyclists may not hitch rides on vehicles. CVC 21203
Carrying Something While Riding Bike: Bicyclists may not carry items which keep them from using at least one hand upon the handlebars. CVC 21205
Bikes Must Yield to Pedestrians: Bicyclists must yield the right-of-way to pedestrians within marked crosswalks or within unmarked crosswalks at intersections. Bicyclists must also yield the right-of-way to totally or partially blind pedestrians carrying a predominantly white cane or using a guide dog. CVC 21950 and CVC 21963
Parking Your Bike: Bicyclists may not leave bicycles on their sides on the sidewalk or park bicycles in a manner which obstructs pedestrians. CVC 21210

Local Municipality Codes

SAN DIEGO LOCAL LAWS FOR BICYCLISTS

Each city in San Diego County regulates sidewalk riding slightly differently. Please see the below breakdown for further details:
- Bicycle riding is allowed on sidewalks, except in business districts: Oceanside, Encinitas, San Diego, National City, Chula Vista, Imperial Beach, Lemon Grove, Santee, and unincorporated San Diego County
- Bicycle riding on sidewalks forbidden at all times in Carlsbad, El Cajon, Vista, Poway
- Riding on sidewalks regulated but not forbidden: Escondido, San Marcos
- Not regulated: Solana Beach, La Mesa
- Riding in parks prohibited: Del Mar
- Local parking regulations apply to bicycles. Basic rule–follow the signs

LOS ANGELES LOCAL LAWS FOR BICYCLISTS

Sidewalk Riding (LAMC 56.15) Prohibits the riding of bicycles (or other human power devices) on sidewalks (bikeways or boardwalks) with a willful or wanton disregard for the safety of persons or property. Disallows the riding of bicycles on Ocean Front Walk in Venice
Bicyclist Anti-harassment (LAMC 45.96.02) Prohibits physical assault, threats, and intentional distractions against people riding bicycle
Bicycle Parking and Shower Facilities (LAMC 12.21 A.16)

SAN FRANCISCO LOCAL LAWS FOR BICYCLISTS

Pursuant to the SF Municipal Transit Authority (SFMTA) San Francisco bicyclists must:

Yield to People Walking. Whether they’re in a crosswalk or not, ALWAYS yield to people walking.
Stop BEHIND the Crosswalk: Always stop behind the line at traffic signals and stop signs.
Stay on the Street: It’s illegal to ride a bike on the sidewalk unless you’re younger than 13 years of age. (SF Transportation Code Sec. 7.2.12)
Ride in the Direction of Traffic: If you can’t go with the flow, it’s okay to WALK your bike on the sidewalk!
Sometimes people with disabilities need access to the curb. Paratransit carriers (including taxis) may have to enter the bikeway to drop them off. Be a good neighbor and give them room. (SFMTA Policy)

SACRAMENTO LOCAL LAWS FOR BICYCLISTS

Except as authorized under subsection B of this section, no person shall ride a bicycle on a sidewalk except within a residence district or where a sidewalk is designated as part of an established bicycle route. Pedestrians shall have the right-of-way on sidewalks. (Sacramento City Code Section 10.76.010 (A))
Any person may ride a bicycle on a sidewalk which is designated by the Director as a part of the County bike route system and which is identified for such use by appropriate signs. (Sacramento County Code 139 § 1, 1973; Ord. 703 § 31, 1960)
No person shall ride any bicycle, roller skates, skateboard or other wheeled device within any light rail right-of-way; provided, however, that a person may ride a bicycle across a light rail right-of-way perpendicular to the tracks. (Sacramento City Code Section 10.72.040)
No person, except an employee of the city who is acting within the scope of his or her employment, shall ride a bicycle off-road on any property which is owned or controlled by the city where signs prohibiting the off-road riding of bicycles are posted:
For the purposes of this section, “off-road” shall mean not on a designated bicycle path or paved right-of-way. (Sacramento City Code Section 10.76.040)

SAN JOSE LOCAL LAWS FOR BICYCLISTS

Sidewalk riding is legal except where posted. This is a new (2015) law, and it covers several downtown blocks. (San Jose Municipal Code 11.72.190)
Bicycles may be walked on a roadway subject to all provisions of law applicable to pedestrians. (San Jose Municipal Code 11.72.160)

BERKELEY LOCAL LAWS FOR BICYCLISTS

No person shall ride or operate a motorized bicycle on any sidewalk in the City. (Berkeley Municipal Code 14.68.120). *An exception is provided for juveniles and peace officers. (Berkeley Municipal Code 14.68.130)
A person is prohibited from doing or attempting to do the following: A) Physically assaulting a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist; B) Threatening to physically assault or injure a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist; C) Intentionally injuring a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist; D) Intentionally distracting a Bicyclist because of, in whole or in part, the Bicyclist’s status as a Bicyclist; or E) Intentionally forcing a Bicyclist off a roadway for a purpose unrelated to public safety. (Berkeley Municipal Code 14.26.030)
It shall be the duty of the operator of any bicycle or motorized bicycle to make a written report of any accident resulting in death or injury to the Police Department immediately after such accident. (Berkeley Municipal Code 14.68.200)

OAKLAND LOCAL LAWS FOR BICYCLISTS

It is unlawful to operate a bicycle on any trail within the city in an unsafe, reckless, dangerous or negligent manner. No person shall operate a bicycle in excess of fifteen (15) miles per hour, nor in excess of five miles per hour when passing pedestrians or equestrians or when approaching and negotiating a blind turn, nor at a greater speed then is reasonable or prudent. Within city parks, bicyclists can ride on named trails only and are prohibited from operating bicycles off-trail. (Oakland Municipal Code 12.60.020)
No person shall ride a bicycle which has wheels of twenty (20) inches or greater in diameter or a frame of fourteen (14) inches or greater in length on any sidewalk within the city. (Oakland Municipal Code 10.16.150)

FRESNO LOCAL LAWS FOR BICYCLISTS

No person shall operate a bicycle or unicycle on a sidewalk in the central business district, or on any street designated as a mall street by the provisions of this Code. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. At the intersection of two or more sidewalks, where the vision of the operator of a bicycle is restricted, the operator of a bicycle shall dismount and walk through the intersection of the sidewalks. (Fresno Municipal Code Sec.14-1703)
No operator of a bicycle shall ride in any part of a park or playground other than upon roads or drives provided for such purposes. (Fresno Municipal Code Sec.14-1603)
RIVERSIDE LOCAL LAWS FOR BIKES

Except for authorized police bicycle patrols, no person shall ride a bicycle upon a sidewalk or parkway unless signs are erected permitting use of such sidewalk or parkway by bicycles. (Riverside Municipal Code 10.64.310)
LONG BEACH LOCAL LAWS FOR BIKES

Persons operating bicycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for the exclusive use of bicycles. (Long Beach Municipal Code 10.48.040)
When a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. (Long Beach Municipal Code 10.48.060)
No person shall ride a bicycle upon a sidewalk within any business district; upon the sidewalks of bridges; in pedestrian underpasses; on pedestrian overpasses. Any person riding a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian, and when overtaking and passing a pedestrian, shall give an audible signal and shall pass to the left of the pedestrian. The speed limit for bicycles on a sidewalk is 15 miles per hour unless otherwise posted. The speed limit where pedestrians are present is five miles per hour. (Long Beach Municipal Code 10.48.070)
No person shall operate a bicycle upon a sidewalk unless it is equipped with a bell, horn or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle. (Long Beach Municipal Code 10.48.070)

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