A Bicycle Accident Claim Is a Car Accident Claim
California Vehicle Code section 21200 gives a person riding a bicycle on a roadway the same rights and duties as the driver of a vehicle. That cuts both ways. A driver who turns across your path, passes too closely, or opens a door into your lane is negligent in exactly the same way they would be if you were in a car. The claim is paid by the driver's auto liability policy, and if the driver is uninsured or underinsured, your own auto policy's uninsured motorist coverage usually applies to you as a cyclist.
The injuries are different from a car-to-car crash. Fractures of the collarbone, wrist and pelvis, road rash that requires debridement, facial injuries and head trauma are common even at city speeds. Treatment is longer and the documentation matters more, because the adjuster will argue that a cyclist "assumed the risk" of riding in traffic. California does not recognize that defense for ordinary road cycling.
The Vehicle Code Sections That Decide Fault
- Vehicle Code 21760, the Three Feet for Safety Act. A driver overtaking a bicycle must leave at least three feet of clearance. If three feet is not possible, the driver must slow down and pass only when it is safe. A sideswipe during a pass is negligence per se under this section.
- Vehicle Code 22517, dooring. No one may open a vehicle door on the traffic side unless it is reasonably safe and does not interfere with moving traffic. Dooring crashes on Brand Boulevard and other parking-lined streets are almost always the motorist's fault.
- Vehicle Code 21801 and 21802, failure to yield. A driver making a left turn or entering from a stop sign must yield to a cyclist close enough to be a hazard. Left-cross and right-hook collisions at intersections fall here.
- Vehicle Code 21202 and 21208. Cyclists must ride as far right as practicable, but the code lists exceptions: passing, preparing for a left turn, avoiding debris or parked cars, and when the lane is too narrow to share. Adjusters cite 21202 against riders constantly; the exceptions usually answer them.
- Vehicle Code 21212. Riders under 18 must wear a helmet. Adults are not required to. Not wearing a helmet is not negligence per se for an adult, though the defense will raise it on head-injury cases.
Comparative Fault and the Helmet Argument
California uses pure comparative negligence under Civil Code section 1714. If a jury finds you 20 percent at fault for riding outside a bike lane, your recovery is reduced by 20 percent, not eliminated. Adjusters open with a fault percentage far higher than the facts support. The response is evidence: the police report, the vehicle's position, skid marks, the driver's statement at the scene, and video from nearby businesses, which is usually overwritten within days. We send preservation letters in the first week.
On helmet use, the defense must show that a helmet would have prevented or reduced the specific head injury you suffered. For orthopedic injuries, road rash and most facial injuries, the helmet question is irrelevant and we say so in the demand.
Where Glendale Cyclists Get Hit
- Brand Boulevard. Parking on both sides, heavy retail traffic and frequent door openings. Dooring and right-hook crashes.
- Glenoaks Boulevard and Central Avenue. Long, fast arterials where passing-distance violations under Vehicle Code 21760 are common.
- Colorado Street and Glendale Avenue. High-volume intersections with left-cross collisions against cyclists traveling straight.
- Verdugo Road and Chevy Chase Drive. Climbing routes toward the hills with narrow lanes and limited shoulder.
- The Los Angeles River path through the Glendale Narrows. Crashes at street crossings and path entrances where drivers do not expect bicycle traffic.
Dangerous Road Conditions and Government Claims
If a pothole, a missing grate, an unmarked construction trench or a poorly designed bike lane caused or contributed to the crash, the City of Glendale, Los Angeles County or Caltrans may be liable under Government Code section 835. A government claim must be presented within six months of the injury under Government Code section 911.2, a far shorter window than the two-year statute for ordinary negligence claims. We evaluate the road-condition question on every bicycle case in the first consultation.
What a Glendale Bicycle Accident Claim Covers
- Emergency care, surgery, physical therapy and future treatment
- Lost wages and reduced earning capacity
- The bicycle, helmet, clothing and electronics destroyed in the crash
- Pain, scarring and loss of the activities you rode for
- Punitive damages when the driver was intoxicated or fled the scene
Where Glendale Bicycle Accident Cases Get Filed
Bicycle injury lawsuits are filed in the Los Angeles County Superior Court. Most settle with the insurer before a complaint is filed, but we prepare every case as if it will be tried. Our office at 655 N Central Ave is in Glendale, so meetings do not require a drive across the county.
Frequently Asked Questions
Does my car insurance cover me when I am hit on my bicycle?
Usually yes. Uninsured and underinsured motorist coverage on your own auto policy follows you as a pedestrian or cyclist in California. Medical payments coverage may also apply. We review your declarations page in the first meeting.
The driver says I was not in the bike lane. Does that end my case?
No. Vehicle Code 21202 lists several situations in which a cyclist may leave the right edge of the road, including when the lane is too narrow to share safely with a car. Even if a jury assigned you some fault, California's pure comparative negligence rule reduces your recovery rather than barring it.
What if the driver left the scene?
A hit-and-run against a cyclist is a crime, and your own uninsured motorist coverage typically pays the claim if the driver is never identified. Report the crash to Glendale Police immediately and look for cameras along the route. Our Glendale hit-and-run page covers the process in detail.
How much does a personal injury lawyer cost in California?
Noble Attorneys works on contingency. There is no up-front fee, and the firm is paid only if you recover compensation. The percentage is set out in a written agreement you sign before any work begins, and case costs are explained in the same document.
How long do I have to file an injury claim in California?
Most personal injury claims must be filed within two years of the crash under California Code of Civil Procedure section 335.1. If a public entity is involved, such as a city bus or a dangerous road condition, a government claim must be presented within six months under Government Code section 911.2. Missing either deadline usually ends the case.
Further Reading
- Glendale Hit-and-Run Accident Lawyer
- Glendale E-Bike Accident Lawyer
- Can Bicycles and Scooters Be at Fault in an Accident?
- The Most Dangerous Intersections in Glendale
Talk to a Bicycle Accident Lawyer in Glendale Now
Free consultation. No fees unless we win. We meet clients at our Central Avenue office in Glendale and travel to homes and hospitals across Los Angeles County.