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California is made for cycling. Who wouldn’t want to bike in a place with great weather all year? It’s cheaper than driving, good exercise, and easy on the planet.
The Golden State has more people riding bikes than any other U.S. state. Unfortunately, that means more riders are sharing the road with drivers who aren’t watching for them. And when a car and a bike meet, the person on the bike loses.
Does This Sound Like What Happened to You?
If you were hit by a car while on your bike, you’re probably injured and stuck with medical bills you didn’t plan for (possibly hundreds or even thousands of dollars worth of bills). We also bet you’re already getting the runaround from an insurance company that decided the crash was your fault before it even looked at the facts.
At The Law Offices of Max G. Arnold, our personal injury lawyers have been standing up for injured cyclists across California for 36+ years, and we know how to push back on your behalf.
Call or text us today for a free consultation with a bicycle accident lawyer.
The ‘At Fault’ Myths Cyclists Are Up Against
Here’s what happens after almost every bike crash we see. The insurance company assumes the rider was being reckless. The driver swears the cyclist “came out of nowhere.” Both stories point the finger at you, and both are usually wrong.
Insurance adjusters lean on these cyclist fault myths on purpose. Every bit of blame they can pin on you is money they don’t have to pay. So they’ll ask things like:
- Were you wearing a safety helmet?
- Did your bike have lights or other safety features?
- Which side of the road were you on?
- What direction were you headed?
- Were you in the designated bike lane when the crash happened?
- Did you fail to properly signal to the drivers on the road?
- Did you run a red light or ride through the crosswalk at the wrong time?
They’re trying to build a case that the crash was your own doing.
But when you hire us to fight for you, our bicycle accident attorneys will build a case that sets the record straight. And by the way, fault isn’t “all or nothing” in California. Even if you were partly responsible, we can still help you recover damages (more on that later).
Under California law, a person on a bike has the same rights as a person in a car. A driver can’t wave that away by claiming you appeared out of thin air. We’ve heard that line for years, and we know how to take it apart.
Things We Look at that Actually Decide Fault
- Which direction you were riding, and whether you had the right of way
- Where you were on the road when the driver hit you
- Whether the driver gave you enough room to pass safely
- What witnesses saw, and what nearby cameras caught
- How the driver was behaving before the crash and if they’re guilty of negligence
The Biggest Myth We Hear About Bike Accident Injury Claims
The biggest myth I keep hearing is that if you’re on a bike, you must have done something wrong. You cut across a lane when you shouldn’t have, or you weren’t wearing a helmet, or you were going way too fast for a cyclist. And you know who always seems to latch onto that assumption? Insurance adjusters, they grab onto it because it’s such a convenient way for them to shift the blame from their own driver onto the cyclist.
But the truth is, in nine times out of ten, when you look at a bicycle crash we’ve handled, the driver just plain didn’t see the cyclist. He didn’t check his mirrors, he didn’t check the intersection, he just plain didn’t see you. Our job is to get to the bottom of things before all that proof disappears: the timing of the traffic lights, the skid marks on the road, the witness who actually saw what happened.
And once we can show that the driver actually made a mistake, all that ‘the cyclist was probably at fault’ nonsense just falls apart, and you get the full compensation you’re entitled to instead of getting a discount because you’re on two wheels rather than four.
The California Three Feet Law, in Plain English
California has a law designed to protect riders, and many drivers don’t even know it exists. It’s called the Three Feet for Safety Act. The rule is simple: When a driver passes a cyclist traveling in the same direction, they must leave at least three feet of space between their car and the bike.
If they can’t give three feet because of traffic or a narrow road, they have to slow down and wait until it’s safe to pass. As of 2023, California law goes even further to protect bicycle riders with a “move-over” mandate for drivers. Anytime there’s an open lane next to them, the driver is supposed to move into it before passing cyclists, the same way they would for another car.
So what does that mean if you’re a cyclist hit by a car in California? When a driver breaks a clear safety law and a crash follows, that broken rule becomes strong evidence that they were at fault. It turns a vague “they passed too close” argument into “they violated a specific California law.” That’s a much harder thing for an insurance company to argue its way out of, and it’s one of the first things we look for in a passing crash case.
Filing a Bike Accident Injury Claim
A bike accident injury claim is how you get paid back for what the crash cost you. That usually covers:
- Your medical bills
- The wages you lost while you couldn’t work
- Damage to your bike and gear
- Money for the pain you’ve had to live with
In more severe cases, it also covers long-term care.
The hard part is that you’re up against an insurance company that does this all day, every day. They know most people won’t file a claim, and the ones who do often go it alone without anyone in their corner. That’s exactly how they like it. An adjuster who sounds friendly on the phone is still working to pay you as little as possible.
After getting hurt by a car while cycling, you need an experienced bicycle accident attorney on your side. We handle the mountains of paperwork, deal with the adjusters, and figure out what your claim is really worth, not what the insurance company wishes it was worth. You focus on healing. We’ll take care of the fight.
You don’t pay us anything up front, and you don’t pay us at all unless we win a settlement (money) for you.
What to Do After a Bike Accident
What you do in the first few hours and days after a bicycle accident can make a real difference in your claim. If you’re able to, here’s where to start:
1: Get Medical Care Right Away
Even if you feel okay, see a doctor just to be safe. Some injuries don’t show up until later, and a medical record ties your injuries to the crash.
2: Write Down or Photograph What You Can
Get someone to take photos of the scene, your bike, your injuries, and the car. Jot down the names and numbers of the at-fault driver and any witnesses. If bystanders recorded the accident, have them send you the video for later review.
3: Call the Police
Don’t let anyone talk you out of calling the police. A police report creates an official, unbiased record of what happened. This is helpful to have for a personal injury insurance claim or lawsuit.
4: Don’t Talk to the Driver’s Insurance Company Alone
Insurance adjusters may call fast and sound helpful. Anything you say can be used to shrink your claim. Let a skilled bicycle accident lawyer handle those conversations.
5: Call a Lawyer Before You Settle
The first offer is almost always low. Once you accept a settlement, you usually sign away the right to ask for more later, even if your injuries turn out worse than you thought.
Already missed some of these steps? Don’t stress it. Call us anyway.
What Evidence Helps Build a Strong Case?
Not all of this has to be on you. While having more evidence up front can help us build a strong case faster, our job is to find additional evidence, challenge the insurer’s version of the crash, and then hold the person who hurt you accountable.
With that said, useful evidence for a bike accident injury claim generally includes:
- Police Collision Reports
- Driver and Witness Statements
- Photos/Video from the Scene
- Vehicle Damage
- Bicycle and Helmet Damage
- Dashcam Footage
- Nearby Business or Residential
Security Cameras - Traffic Camera Footage
- GPS Cycling Data from Garmin, Strava, Apple Watch, Etc.
- Phone Records in Distracted-Driving Cases
- Medical Records Tied to the Crash
Why Injured Cyclists Across California Call Max G. Arnold
We’re a Family-Run Firm
When you call us, you get a real attorney who cares. Not an answering service that passes you down a chain of people who’ve never seen your file before. That matters, because bike injury cases move faster and settle for more when someone who knows the law works on them from day one.
We Don’t Back Down
When an insurance company drags its feet or lowballs a rider who clearly deserves better, we don’t sit around waiting for them to come around. We push hard. Max has a reputation for going after what his clients are owed and not backing down, and our clients feel the difference.
We Don’t Disappear After You Sign With Us
We stay on your case, follow up on your medical care, and fight insurance denials so you can keep getting treated. We serve riders across California, from Chico’s busy bike routes to Redding and Santa Rosa. Wherever you got hurt, we’re ready to help.
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Reach Out for Your Free Case Review Today
With over three decades of experience fighting for injured Californians, we know how to take on insurance companies and secure the best outcome.
Injured on your bike in California? Call or text now for a free consultation. It costs nothing to talk to us, and you’ll know exactly where you stand before you decide anything.
FAQs About Bicycle Accidents
What are some common scenarios bicycle accident victims face?
Most bike accident cases we take on come down to a driver who wasn’t watching for the rider. The ones we see again and again include:
- A car turning right across a rider’s path (sometimes called a “right hook”)
- A driver making an unsafe left turn in front of a cyclist
- A driver failing to yield at an intersection
- A car passing too close
- “Dooring,” or someone opening a car door into a rider’s path
- A driver drifting into or crossing a bike lane
- Distracted or drunk drivers
- Rear-end crashes
- Hit-and-runs
- Bad road conditions, like potholes, debris, or poorly designed intersections
- Crashes with delivery trucks or other commercial vehicles
- E-bike crashes
What injuries can result from a bicycle accident?
When a car hits a bike, it often means serious injuries. The ones we see most include:
- Traumatic brain injuries and concussions
- Broken bones: mainly wrists, arms, collarbones, hips, and legs
- Back and spinal cord injuries
- Face and dental injuries
- Road rash and scarring
- Internal injuries
- Knee, shoulder, and other joint injuries
- Lasting disability
- Deaths in the worst cases
Do I still have a case if I wasn’t wearing a helmet?
Yes. In California, only riders under 18 are required to wear a helmet. Adults aren’t, and not wearing one doesn’t block your claim. Insurance companies may still try to use it to blame you for a head injury, but that’s an argument we know how to answer.
What if the driver says the accident was partly my fault?
You can still recover money. California uses what’s called pure comparative negligence. That means even if you were partly to blame, you can still be paid, just minus your share of the fault. So being partly at fault doesn’t end your case, and you shouldn’t assume you have no claim just because the driver is pointing fingers.
What happens if the driver fled the scene or doesn’t have insurance?
You may still be able to recover money. If you have uninsured motorist coverage on your own auto policy, it can pay for your injuries even on a bike (and even if the driver is never found). If the at-fault driver has insurance but not enough, underinsured motorist coverage can help cover the rest.
Don’t assume you have no case just because the other driver disappeared or came up empty. Call us, and we’ll look at every source of coverage available to you.
How long do I have to file a bike accident claim in California?
For most injury claims, you have two years from the date of the crash. But some situations have a much shorter deadline. If a crash involved something like a severe pothole, a dangerous road design, or a malfunctioning signal, then a city, county, or other public entity may be responsible. Claims against a public entity can have a deadline as short as six months. It’s best to call early so you don’t lose your chance.
What damages can I recover in my bicycle accident case?
Every case is different, but here’s a list of what our bicycle accident attorneys could potentially recover for you:
- Medical expenses and future medical care
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Rehabilitation and therapy
- Permanent disability or disfigurement care costs
- Damage to the bicycle, helmet, electronics, clothing, and other gear
- Wrongful death damages when a cyclist is killed
How much do attorney fees with a bicycle accident lawyer cost?
You don’t pay anything up front. We only get paid if we win money for you, and our fee comes out of that recovery.