California bicyclists have the same rights as motorists
California Vehicle Code §21200 gives cyclists the same rights and duties as drivers of motor vehicles. Motorists must give cyclists at least three feet of clearance when passing (CVC §21760). Violation of either of these statutes — especially in a case where the cyclist was riding lawfully — is strong evidence of negligence per se.
"Dooring" claims under CVC §22517
A parked driver who opens a door into the path of a cyclist is liable under California Vehicle Code §22517. These cases typically involve significant injuries because the cyclist usually cannot brake in time. We have handled multiple dooring cases and know how to assemble the evidence quickly.
Unsafe road conditions and government liability
Potholes, debris, broken pavement, missing or worn bike-lane markings — when these conditions cause a bike crash, the responsible city or county may be liable. Government claims require a Government Tort Claim within six months.
Helmet use and comparative fault
California requires riders under 18 to wear a helmet. Adults are not required to. Either way, a carrier will argue comparative fault on head injuries if the rider was not wearing one — and we respond with the case law that limits how much that argument can reduce a recovery.
Free case review
Call (213) 380-9310 for a free review of your bicycle accident case.