BICYCLE ACCIDENT
Steps to Take Following a Bicycle Accident in California
If you have been injured in a bicycle accident in California, taking the right steps immediately is critical for protecting your health and your future legal rights:
Prioritize Your Health: Seek immediate medical attention even if your injuries seem minor, as some internal or soft-tissue injuries may not be immediately apparent.
Secure the Scene: Use your phone to take clear photos of the accident location, your bicycle, any motor vehicles involved, and your visible injuries.
Identify Witnesses: Collect names and contact information from anyone who saw the incident and others involved in the accident.
Official Reporting: Notify law enforcement immediately and ensure you obtain a copy of the official police report for your records.
Protect Your Claim: Stick strictly to the facts when speaking with others at the scene. Avoid admitting fault or apologizing, as these statements can be used against you by insurance companies.
Preserve Evidence: Do not repair or wash your bicycle, clothing, or safety equipment; keep them in their post-accident condition as vital evidence.
Consult a Specialized Attorney: A bicycle accident attorney can manage complex insurance negotiations and help you recover compensation for medical expenses, lost income, and pain and suffering.
At Doust Law, we are dedicated to protecting cyclists’ rights and ensuring fair compensation. If you have been injured in a bicycle accident, contact us promptly for a free consultation to discuss your case and explore your legal options.
Timely legal action is important due to statutes of limitations. Contact Doust Law for a free case evaluation to ensure your claim is protected and your best interests are represented.
Frequently Asked Questions
-
In California, this is known as a “dooring” accident. Under CVC 22517, it is illegal for a person to open a vehicle door on the side of moving traffic unless it is reasonably safe to do so. In most cases, the driver is held liable for the collision. If you've been injured in a dooring incident, understanding your legal rights as a cyclist is the first step toward recovery.
-
Yes. California law requires drivers to provide at least three feet of distance when passing a cyclist. If traffic or road conditions make this impossible, the driver must slow down and only pass when it is safe. Violations of this act are a common form of negligence. You can learn more about how we handle negligence claims on our Services page.
-
The statute of limitations for a bicycle accident claim in California is generally 2 years from the date of the incident. This deadline is strict; if you fail to file within this window, you will likely lose your right to recover compensation.
-
Yes. While California law requires riders under 18 to wear helmets, adults are not legally required to do so. Not wearing a helmet does not automatically bar you from recovery. However, the insurance company may try to use comparative negligence to reduce your payout. It is vital to Contact Doust Law to ensure your compensation is not unfairly reduced.
-
If a dangerous road condition—like a large pothole, uneven pavement, or poor signage—caused your crash, a government entity may be liable. These cases have much shorter filing deadlines (often only 6 months). If a road defect caused your injury, you should seek legal representation immediately to preserve your claim.
-
Victims can pursue compensation for both economic and non-economic damages. This includes medical bills, bicycle repair costs, lost wages, and pain and suffering. For a detailed breakdown of what your specific case might be worth, please contact Doust Law to receive a free consultation.
-
You are not required to give a recorded statement to the other driver's insurance provider. Their goal is often to find ways to minimize your claim. Always consult with an attorney before signing any documents or providing statements. You can reach out to Doust Law for a free case evaluation before speaking to adjusters.
-
At Doust Law, we handle every aspect of your claim so you can focus on healing. Our team specializes in investigating the case, negotiating with insurance adjusters, and ensuring you receive maximum compensation for your injuries. We operate on a contingency fee basis, meaning you pay nothing unless we win your case. To get started, schedule your Free Consultation today.