According to the Centers for Disease Control and Prevention, every year bike crashes cause more than 1,000 deaths and more than 130,000 injuries in the U.S.8 California has the sixth highest bicyclist fatalities per capita.9
Bicycle accidents in California can be caused by reckless drivers, dangerous road conditions, or careless pedestrians. If you were injured in a bike accident, you can file a personal injury lawsuit against the at-fault parties.
The following flowchart shows the progression of cycling accident lawsuits in California:
Below, our California bike accident lawyers discuss the following topics:
- What to Do After a Crash
- Money Damages
- Suing for Negligence
- Suing for Products Liability
- Suing for Wrongful Death
- What if I was partly to blame?
- Statute of Limitations
- Additional Resources
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
What to Do After a Crash
- Seek medical attention. Your medical records will also serve as evidence.
- Gather information. Take photos and videos of the crash scene and your injuries.
- DO NOT ADMIT FAULT. Even if you believe you were to blame, you could be wrong.
- DO NOT SAY YOU ARE UNINJURED. If you say, “I’m fine,” that could hinder you from collecting damages later on.
- Contact a California bicycle accident lawyer. They can make sure you do not settle your case for less than you deserve.
Money Damages
Following a biking accident in California, you can sue the vehicle driver or other at-fault parties for compensatory damages. This includes money for your:
- Medical bills,
- Lost wages,
- Lost earning capacity,
- Loss of consortium (of a spouse or registered domestic partner),
- Pain and suffering.
You might also be entitled to punitive damages if the defendant’s conduct was extreme or outrageous.1
Suing for Negligence
Whether your crash was caused by a driver, a pedestrian, or the city for not maintaining safe roads, you can sue them for negligence. To win a lawsuit in California, you would need to prove that:
- The defendant owed you a duty of care;
- The driver breached that duty;
- The breach caused your injury; and
- Your injury resulted in money damages.2
Note that motorists are prohibited from driving in bike lanes. Drivers who injure cyclists by driving on bike lanes will almost certainly be held liable in court.
Cyclists usually sustain more serious injuries than drivers from crashes.
Suing for Products Liability
Some bike accidents are caused by a defective bicycle or bike part. Under California’s “products liability” laws, the company that designed, manufactured, or sold the defective bike product is liable for resulting injuries.
Since product liability cases are based on strict liability, you do not need to prove the company was negligent. Instead, you need to show:
- The defendant designed, manufactured, distributed or sold the bike or bike part;
- The bike or bike part contained the defect when it left the defendant’s possession;
- You used the bike in a reasonably foreseeable manner; and
- You suffered an injury or harm as a result of the defect.3
Suing for Wrongful Death
If your family member was killed in a bicycle accident in California, you may be able to file a wrongful death lawsuit against the at-fault parties.4 A wrongful death lawsuit allows you to seek damages for:
- Burial and funeral expenses;
- Financial earnings the victim would have earned as income if they had survived; and
- Compensation for the loss of companionship and support.
Note that the victim’s estate can also bring a “survival” cause of action under California Code of Civil Procedure 377.30. These lawsuits seek damages for the losses suffered by the victim prior to death, such as medical bills and property damage.5
Common bike crash injuries are “road rash,” fractures, and concussions.
What if I was partly to blame?
If you were partly at fault for your bike crash, you can still sue the other at-fault party for damages. Under California’s “comparative fault” law however, the money damages you receive will be reduced by your percentage of fault.6
Example: A cyclist sues a driver following a crash that caused the cyclist $10,000 in damages. At trial, the jury determines the driver was 80% negligent for stopping right in front of the cyclist. Meanwhile, the cyclist was 20% negligent because he knew his brakes were not working very well. In this situation, the driver may have to pay the cyclist $8,000 as 80% of the total damages.
Statute of Limitations
In general, you have two years after your biking accident in California to bring a personal injury claim against the at-fault parties. Though in cases where you are suing the government, the statute of limitations to file a “notice of claim” is only six months.7
Additional Resources
- Pedestrian and Bicycle Information Center – Find general information on bicycles and walking.
- The League of American Bicyclists – A national organization of bicyclists dedicated to creating safer roads.
- California Bicycle Coalition (CBC) – A non-profit that promotes biking as everyday transportation and recreation.
- Caltrans Quick Map – Real-time traffic information.
- California Association of Bicycling Organization (CABO) – An organization dedicated to protecting bicyclists’ interests and to improve bicycling conditions.
Also see our articles on California bicycle laws and Vehicle Code 21200, which imposes on bicyclists many of the same rights and duties as motor vehicle drivers.
Legal References:
- California Civil Code § 3294. Just in 2023, Oakland paid $6.5 million to settle a lawsuit with a cyclist who fell due to a crack in the road. The same year, Oakland paid $600,000 to a cyclist who suffered a brain injury after hitting a pothole. Also in 2022, Oakland paid $745,000 to a cyclist who sustained injuries due to a pothole. Jose Fermoso, Oakland has paid $35M in 10 years to people injured on its dangerous roads, The Oaklandside (December 12, 2023). According to the American Society of Civil Engineers (ASCE), there are more than 195,000 miles of public roads in California. Half of those roads are in “poor condition.” ASCE 2019 Infrastructure Report Card. Infrastructure in California. Key Facts. Kaia Hubbard, These Are the Most Dangerous States for Cyclists, U.S. News and World Report ().
- See, for example, California Civil Jury Instructions (“CACI”) 400. See also California Civil Code section 1714(a) (“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”). See also California Vehicle Code 21760.
- California Civil Jury Instructions (CACI) Series 1200 — Products Liability.
- California Code of Civil Procedure 377.60.
- Code of Civil Procedure 377.30.
- Li v. Yellow Cab Co. (1975) 13 Cal.3rd 804.
- California Code of Civil Procedure §335.1. CCP § 341. California Civil Jury Instructions (CACI) 455. See, for example, Brooks v. Mercy Hospital (Court of California, Fifth Appellate District, 2016) ; Alcott Rehab. Hosp. v. Superior Court () ; Shalabi v. City of Fontana () ; Arrow Highway Steel, Inc. v. Dubin () .