TL;DR: If you were hit by a car on a bike in California, get to safety, call 911, document the scene and the driver’s information, and see a doctor the same day. California gives cyclists the rights of drivers, requires a three-foot passing distance, and generally gives you two years to file an injury claim.
You never see the car coming the way you think you will. It is a door swinging open, a driver turning right across the bike lane, a side mirror that clips your elbow at 35 miles an hour. Then you are on the pavement, your bike is bent, and a stranger is standing over you saying they never saw you.
Cyclists in California have strong legal rights, but the steps you take in the first hours after a crash shape everything that comes after.
What to Do in the First Minutes
- Get yourself out of traffic if you can move safely. If you cannot, stay put and call for help.
- Call 911. Ask for police and medical help, even if your injuries seem minor.
- Get the driver’s name, license, plate, and insurance information. If the driver tries to leave, photograph the car and plate.
- Do not argue about fault or apologize at the scene.
- Accept medical evaluation. Head injuries and internal injuries are not always obvious at first.
A driver who hits a cyclist and leaves the scene of an injury crash is committing a crime under California Vehicle Code 20001. If that happens, report it to police right away and write down everything you remember about the vehicle.
Document the Scene and Save Your Ride Data
Evidence from a bike crash disappears fast. Before anything is moved, if you are able:
- Photograph the car, its position, the plate, and any damage.
- Photograph your bike, helmet, and gear where they landed, and the road, lane markings, and signals.
- Get names and phone numbers of witnesses.
- Look for business and traffic cameras that may have caught the crash.
- Do not repair or throw away your bike or helmet. They are evidence.
- Export your GPS or fitness app data, which can show your speed, route, and the exact time of the crash.
- Back up any helmet or handlebar camera footage right away.
Get Medical Care and Keep a Symptom Log
See a doctor the same day, even if you walked away. Adrenaline masks pain, and concussions, wrist fractures, and shoulder injuries are common in bike crashes. A gap between the crash and your first treatment is one of the first things insurers use to argue your injuries are unrelated.
Keep a short daily log of pain, sleep, missed work, and activities you cannot do, such as riding, lifting, or caring for your kids. Save every bill and receipt.
California Laws That Decide Fault When a Cyclist Is Hit by a Car
Fault in a bike crash is decided by the same negligence rules as any other crash, and specific Vehicle Code sections often decide who broke the rules of the road.
Cyclists have the same rights and duties as drivers
Under Vehicle Code 21200, a person riding a bicycle on a road has all the rights, and is subject to all the duties, that apply to drivers. You have a right to be on the road. You also have to follow traffic signals and signs.
The 3-foot passing law
Under Vehicle Code 21760, a driver passing a cyclist traveling in the same direction must leave at least three feet between the car and the bicycle. Drivers should change lanes to pass when another lane is available and it is safe to do so. If three feet is not possible, the driver must slow down and pass only when it will not endanger the cyclist. Violations carry a $35 fine, or $220 if the cyclist is injured.
Right-side and bike lane rules
Vehicle Code 21202 generally requires a cyclist moving slower than traffic to ride as close to the right side of the road as practicable, with exceptions for passing, preparing for a left turn, avoiding hazards, and lanes too narrow to share safely. Vehicle Code 21208 has a similar rule for bike lanes, with similar exceptions. Insurers sometimes argue a cyclist was “too far left,” and these exceptions are often the answer.
Dooring
Vehicle Code 22517 prohibits opening a car door on the side of moving traffic unless it is reasonably safe to do so and it can be done without interfering with traffic. A driver or passenger who opens a door into a cyclist’s path is often at fault.
Helmets
Vehicle Code 21212 requires helmets for riders under 18. There is no helmet law for adults in California. An insurer may still argue a helmet would have reduced a head injury, which could affect fault under comparative negligence rules, but riding without one does not bar an adult’s claim.
Shared fault
California uses pure comparative fault. If you were partly responsible, your compensation is reduced by your share of the blame, not eliminated. Our guide to the rights of cyclists in traffic accidents covers how these arguments play out.
Bike crashes are deadly serious. According to the California Office of Traffic Safety, 145 bicyclists were struck and killed on California roads in 2023.
Dealing With Insurance After a Bike Accident
The driver’s auto insurance is usually the main source of payment when a driver causes a bike crash. Expect the adjuster to call quickly. Decline recorded statements and broad medical releases until you understand your injuries, and do not accept a settlement before your treatment is complete.
Coverage layers
Several policies may help, depending on the facts:
- The driver’s liability insurance
- Your own auto policy’s medical payments coverage, if you have it
- Your own uninsured or underinsured motorist coverage, which may apply when the driver had no insurance, too little insurance, or fled, depending on your policy wording
- Your health insurance, for medical bills while the claim is pending
Track every loss: medical bills, lost income, bike and gear replacement, and the activities the injury has taken from you.
Deadlines to File
Under Code of Civil Procedure 335.1, you generally have two years from the crash to file a personal injury lawsuit in California. If a city or county was involved, for example through a road defect, a dangerous bike lane design, or a city vehicle, a government claim must be filed within six months under Government Code 911.2. Talking with an insurance adjuster does not pause either deadline.
Final Thoughts
For many riders, cycling is more than a way to get around. It is exercise, stress relief, and a little freedom. A crash can take that away for a while, and the first ride back can feel harder than any climb.
Be patient with your body and with your nerves. Getting back on the bike, when you are ready, is part of recovery too.
Pyramid Legal: Fighting for Injured Cyclists in Los Angeles
If you were hit by a car while riding a bike in Los Angeles or anywhere in Southern California, our attorneys can preserve the evidence, prove the driver broke the rules of the road, and pursue every available policy. You get 24/7 direct access to an attorney and pay no fees unless we win. Visit our office at 500 S Grand Ave, Suite 1610, Los Angeles, CA 90071, call 818-946-0763, or learn more about our Los Angeles bicycle accident lawyers.
Get a Free Case Evaluation Today
Need to prove the driver was careless? Read how to prove negligence in a bicycle accident case.
This article is general information about bicycle accident claims in California. It is not legal advice about your specific matter and does not create an attorney-client relationship.
Frequently Asked Questions
Is the driver always at fault when a car hits a cyclist in California?
No. Drivers are often at fault, especially for unsafe passing, right hooks, and dooring, but fault depends on the evidence. Because California uses pure comparative fault, even if a cyclist shares some blame, such as riding against traffic, their compensation is reduced by that share rather than eliminated.
Can I get compensated if I was riding on the sidewalk?
Possibly. California state law leaves sidewalk riding largely to cities, and local rules vary. Whether sidewalk riding was allowed where you crashed, and whether it contributed to the crash, can affect how fault is divided. It does not automatically bar a claim against a careless driver.
Will my bike and gear be covered?
Property damage, including your bicycle, helmet, clothing, and electronics damaged in the crash, can be part of your claim against an at-fault driver. Keep receipts or proof of value, and do not repair or discard anything until it has been photographed and documented.
What if I was riding an e-bike when I was hit?
California treats most e-bikes much like bicycles for rules of the road, so the same fault principles generally apply. Some e-bike classes have their own age, helmet, and speed rules, and an insurer may look at those. Our guide to e-scooter accident claims in Los Angeles covers related micromobility issues.
