If you were hit by a car while riding your bike in California, you may be entitled to file a personal injury lawsuit to recover compensation for your injuries. A car accident involving a bicycle often results in serious injuries and financial burdens, including medical bills, lost wages, and long-term disabilities – especially if an insurance company refuses your claim. Under California personal injury law, you can sue the liable party if a negligent motorist caused the accident.
Understanding your rights and the legal process of a bike accident claim can maximize your compensation.
How to Sue After a Bike Accident in California
If an accident occurred in California, bicyclists have the same legal rights and responsibilities as motor vehicle drivers. When a driver negligently causes a collision with a bicyclist, the injured cyclist has the legal right to pursue compensation through a civil lawsuit or an insurance claim.
California follows a comparative negligence system, which means that even if you were partially at fault for the accident, you can still recover damages, though your compensation may be reduced by your percentage of fault.
Key Legal Elements of a Bike Accident Claim
To successfully sue the driver who hit you, you must establish the four elements of negligence under California personal injury law, which an experienced personal injury attorney – like the ones at Lawyers for Justice, PC – can help with:
1. Duty of Care
The first element is to show that the driver owed you a duty of care. All drivers have a legal obligation to operate their vehicles safely and follow traffic laws. This duty extends to bicyclists who are lawfully using the road.
2. Breach of Duty
Next, an accident lawyer will prove that the driver breached that duty through negligent actions. Examples of negligent driving include:
- Speeding
- Running a red light or stop sign
- Distracted driving (texting or using a cell phone)
- Driving under the influence of alcohol or drugs
- Failing to yield the right-of-way to a cyclist
3. Causation
A negligent driver case must show that the driver’s breach of duty directly caused the accident and your own injuries. The case will also need to establish proximate cause, meaning that the harm you suffered was a foreseeable result of the driver’s actions.
4. Damages
Finally, the legal team on the case must prove that you suffered actual damages as a result of the accident. Damages can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage (e.g., damaged bicycle or gear)
- Future loss of earning capacity
Evidence to Support Your Claim
To build a strong case, gather the following evidence:
- Police report
- Photographs of the accident scene and injuries
- Witness statements
- Medical records and bills
- Employer documentation of lost wages or employment disruptions
- Surveillance footage, if available
- Expert testimony (accident or forensic experts, medical professionals)
If you were injured while commuting to work, a bike accident may also affect your employment status, especially if your injuries prevent you from performing your job. In such cases, documentation from your employer or HR department may strengthen your claim for lost wages or lost earning capacity.
Can I File a Workers’ Compensation Claim?
If you were on your bicycle as part of your job duties—such as a delivery driver, courier, or messenger—you may be eligible to file a workers’ compensation claim in addition to a personal injury lawsuit. Under California workers’ compensation law, injured employees are entitled to:
- Medical treatment
- Temporary or permanent disability benefits
- Vocational rehabilitation
- Mileage reimbursement for medical visits
However, workers’ compensation does not cover non-economic damages such as pain and suffering. That’s why many injured bicyclists also pursue a third-party personal injury claim against the at-fault driver.
What is the Statute of Limitations for Filing a Bicycle Accident Lawsuit in California?
Under California Code of Civil Procedure Section 335.1, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. If you’re suing a government entity (e.g., if the accident involved a city vehicle or occurred due to poorly maintained public roads), you usually must file an administrative claim within six months of the incident.
Failing to file within these time limits can permanently bar you from recovering compensation, so it’s critical to act quickly.
Compensation in a Bicycle Accident Lawsuit
If your lawsuit is successful, you may be entitled to both economic and non-economic damages, including:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Lost wages and employment benefits
- Loss of future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In cases of extreme negligence or recklessness—such as hit-and-run accidents or DUI—you may also be awarded punitive damages, which are meant to punish the at-fault party and deter similar behavior in the future.
What If the Driver Was Uninsured or Underinsured?
If the at-fault driver does not have adequate insurance coverage, you may still be able to recover compensation through your own uninsured/underinsured motorist coverage (UM/UIM) if your auto or bicycle insurance policy includes it. In California, this coverage applies even if you were not in a vehicle at the time of the accident.
What to Do After a Bicycle Accident
- Call 911 and Report the Accident – Ensure that law enforcement documents the scene and your injuries.
- Seek Medical Attention Immediately – Even if your injuries seem minor, a medical evaluation creates a vital record for your claim.
- Gather Evidence – Take photos and collect contact information from witnesses.
- Do Not Admit Fault – Let your attorney and investigators determine liability based on the facts.
- Contact a Personal Injury Lawyer – An experienced California bicycle accident attorney can evaluate your case, negotiate with insurance companies, and represent you in court if necessary.
Reach out to Lawyers for Justice, PC today for a FREE consultation.
