
California Bicycle Accident Law: Protecting Cyclists on California Roads
Bicyclists in California share the same rights — and face the same dangers — as motor vehicle drivers. Whether commuting, exercising, or riding recreationally, cyclists are exposed to risks from careless drivers, defective roadways, and poor infrastructure design.
At Bakh Law Group, PC, we represent injured cyclists and their families across California. We understand how quickly a bicycle crash can lead to devastating injury, and we fight to ensure that negligent drivers, public entities, and manufacturers are held accountable under California law.
This guide explains your rights as a cyclist, common causes of bicycle accidents, the law governing roadway defects, and what you can recover after an injury.
Cyclists have the same rights and responsibilities as motor vehicle operators. Under California Vehicle Code §21200, a person riding a bicycle on a roadway is subject to all the rules of the road that apply to motor vehicles, except where they conflict with bicycle-specific laws.
Yet, despite having equal rights, cyclists remain among the most vulnerable road users. Collisions frequently occur because of driver inattention, unsafe road design, or obstacles that a motorist might easily overlook but which can cause a cyclist catastrophic harm.
Typical causes include:
- Drivers making unsafe right or left turns (“right-hook” and “left-cross” accidents)
- Failing to yield at intersections or crosswalks
- Distracted or impaired driving
- Opening vehicle doors into a bicyclist’s path (“dooring,” Vehicle Code §22517)
- Poor roadway maintenance, potholes, or uneven pavement
- Dangerous design of bike lanes or intersections
- Defective bicycles or components (brakes, forks, tires)
Each of these scenarios can give rise to a negligence or premises-type claim, depending on who created or failed to correct the hazard.
Under CACI 400 (Negligence – Essential Factual Elements), a cyclist must show that the defendant owed a duty of care, breached that duty, and caused harm.
California follows pure comparative fault (CACI 405), meaning a cyclist’s recovery is reduced only by their percentage of responsibility. Even if a bicyclist contributed to the accident — such as failing to signal or riding outside a bike lane — they can still recover damages from negligent drivers or public entities.
Helmet Requirements
Under Vehicle Code §21212, bicyclists under 18 must wear a helmet meeting U.S. Consumer Product Safety Commission standards.
Adults are not legally required to wear helmets, but juries may consider the absence of one under comparative fault if it worsened head injuries.
Evidence that a helmet would have reduced harm can lead to a modest reduction in damages — but does not bar recovery.
Other Safety Duties
Cyclists must:
- Ride with traffic flow (§21650.1)
- Obey traffic signals and signs
- Use lights and reflectors at night (§21201)
- Use designated bike lanes when available (§21208)
- Signal before turning or changing lanes (§22111)
These rules both protect cyclists and help demonstrate reasonable care when pursuing claims.
California encourages bicyclists to use bike lanes when present, but they may legally leave a bike lane when:
- Passing another cyclist or obstacle,
- Preparing for a left turn,
- Avoiding debris or dangerous surface conditions, or
- When the lane ends.
Drivers must yield to cyclists within bike lanes and maintain a three-foot passing distance under the Three Feet for Safety Act (Vehicle Code §21760).
Cyclists may also ride on most streets, and under Vehicle Code §21202, they are not required to hug the far right if unsafe to do so due to debris, narrow lanes, or hazards.
Cyclists have the same rights as pedestrians when walking their bikes across a crosswalk.
However, when riding across, they must follow the same traffic controls that apply to vehicles.
Courts have held that drivers still owe a duty of care to avoid striking cyclists lawfully crossing intersections or driveways
One of the most common causes of bicycle accidents is potholes, cracked pavement, and unsafe road design.
Unlike cars, bicycles react sharply to small surface defects, making even minor irregularities dangerous.
California law allows cyclists to sue public entities for injuries caused by dangerous conditions of public property under Gov. Code §835. To prevail, a plaintiff must prove:
- The property was in a dangerous condition at the time of injury;
- The injury was proximately caused by the condition;
- The dangerous condition created a reasonably foreseeable risk of the kind of injury suffered; and
- The public entity had actual or constructive notice and failed to take corrective measures.
Claims against government entities require a Government Tort Claim within six months (Gov. Code §911.2) before filing a lawsuit.
Many crashes are linked to design defects — poor drainage, unsafe transitions between bike lanes and intersections, or inadequate signage.
In these cases, liability may extend to:
- State agencies (Caltrans),
- Counties or municipalities, or
- Private construction contractors working under government contracts.
BLG often retains civil engineering experts to reconstruct accidents and determine whether roadway design failed to meet accepted standards (e.g., Caltrans Highway Design Manual or AASHTO guidelines).
If a bicycle component such as a tire, brake, or frame fails, liability may rest with the manufacturer, retailer, or maintenance shop.
California’s strict product liability doctrine holds all participants in the chain of distribution responsible if a defect caused the injury, without requiring proof of negligence.
Expert inspection of the damaged bicycle and component parts is crucial early in the case.
Under CACI 452 (Sudden Emergency Doctrine), neither a driver nor a cyclist is negligent when confronted with a sudden emergency not of their own making, provided they act reasonably in response.
Conversely, under CACI 453 (Last Clear Chance), a negligent defendant cannot escape liability if they had the final opportunity to avoid the accident but failed to do so — a principle often relevant when a driver sees a cyclist but fails to brake or swerve in time.
- Traumatic brain injuries (TBI)
- Facial fractures and dental injuries
- Spinal cord trauma
- Road rash and degloving injuries
- Broken limbs and joint damage
- Internal bleeding and organ damage
Because these injuries often result in lifelong impairment, expert medical documentation is essential to calculate future medical care and lost earning capacity.
Cyclists may recover:
- Past and future medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Property damage (bicycle and gear)
- Emotional distress
- Loss of consortium (for spouses or partners)
- Punitive damages (in reckless or DUI cases)
There are no caps on general damages in bicycle accident cases under California law.
Under Code of Civil Procedure §335.1, cyclists have two years from the date of injury to file a lawsuit.
For public entities, the deadline to file an administrative claim is six months under Gov. Code §911.2.
Immediately. Evidence such as skid marks, witness information, and surveillance video can disappear within days.
Commercial carriers have heightened duties under California law; both the driver and company may be liable.
Yes. Property damage is recoverable as part of your claim.
If you have injuries, yes. Even “minor” crashes can lead to lasting damage that insurers undervalue.
Texting while driving violates §23123.5 and can support punitive damages in severe cases.
Anywhere from a few months to two years, depending on injuries and liability disputes.
Not without legal advice. Insurers often record statements to minimize claims
A bicycle license isn’t required in most cities, and lack of registration doesn’t affect your right to recover.
You can pursue a government claim within six months, similar to other public-entity accidents.
You can file an uninsured motorist claim through your own policy if you have UM coverage.
Medical bills, lost income, pain and suffering, and bike replacement — plus punitive damages for reckless conduct.
You can still recover under California’s comparative fault system; your damages will be reduced proportionally.
Uber and Lyft carry $1 million policies that may cover injuries caused by their active drivers.
The contractor or property owner may be liable for failing to maintain a safe roadway.
Yes. Blocking bike lanes in violation of §21209 can establish negligence per se.
Negligence rules apply between cyclists the same as between vehicles
Failure to wear reflective gear does not bar recovery but could affect comparative fault if visibility was a factor.
Yes. Psychological trauma and anxiety following a crash are compensable damages.
A roadway design defect claim may be filed against the responsible public agency with expert analysis.
You may have a product liability claim against the manufacturer or repair shop.
You have pedestrian rights, and drivers must yield. If riding across, follow vehicle rules.
That’s not a defense. Drivers must look carefully before turning or opening doors
That’s “dooring,” illegal under Vehicle Code §22517. The driver is usually liable.
You must file a government claim within six months of the accident.
You may have a claim against the city, county, or state for a dangerous road condition under Gov. Code §835.
It depends on local ordinances. Some cities allow it, others prohibit it. Always check local laws.
No. Lane splitting laws apply only to motorcycles. Cyclists must stay within their lane or the shoulder.
You can ride in the street if it’s unsafe to stay in the bike lane or if the lane ends, is blocked, or has hazards.
Riders under 18 must wear a helmet; adults are strongly encouraged. Lack of a helmet may reduce damages for head injuries but won’t bar recovery.
Yes. Cyclists have the same rights and responsibilities as motor vehicles under Vehicle Code §21200.
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