Your Rights after a Bicycle Accident in California

California is home to many bicycling enthusiasts, and, fortunately, the Golden State ranks fourth as far as bicycle-friendly states go. However, accidents can still happen, and, sadly, do. In 2022, there were 8,888 reported bicycle accidents in California resulting in injury or death. If you become a victim of one, it is important to understand your rights.

Most importantly, you have the right to recover damages from the person who caused the accident. To do so, file a lawsuit or make an insurance claim. If it is decided in your favor or negotiations essentially result in that happening, you will be eligible to receive money for numerous types of relevant expenses:

• property damage – e.g. your damaged bicycle, helmet, phone and other belongings
• medical expenses – e.g. hospital bills, doctor care, rehabilitation and medications
• pain and suffering – e.g. mental distress that resulted from the accident and affected your life
• emotional distress – e.g. related emotional distress that is chronic or otherwise long-lasting
• loss of enjoyment of life – e.g. a reduction in your ability to enjoy various aspects of your life
• lost income – e.g. lost wages, including future earnings, as a result of your bicycle accident

In addition, if the accident results in your death, whether immediately or later on, family members could be awarded expenses related to your funeral and burial and for loss of companionship.

Your Rights Before and During a Bicycle Accident in California

It is also essential to consider your rights as an active bicyclist in California to ensure that the other person was, in fact, at fault for the accident.

For the most part, you can ride your bicycle anywhere a car is allowed. The main exceptions are highways as a bicycle is not allowed on most, generally only in the state’s desert regions. Even there, you should not ride in a lane. Be on the shoulder instead.

In nearly all scenarios, you should keep as far to the right as possible, including using a bicycle lane if one is available and doing so is safe – i.e. there are no parked cars or obstacles between it and traffic or on it.

Importantly, wherever you are, a passing vehicle must allot at least 3 feet of space between it and you.

What Should You Do After a Bicycle Accident in California?

To ensure your continued health and your ability to be reimbursed for your pain and suffering, follow these steps after your bicycle accident:

• get treated – receive medical care, even if you feel fine or appear to only have cuts and bruises
• report the accident – ensure that a police or other law enforcement officer documents the accident
• exchange details – exchange insurance company and other information with those involved
• document what happened – take video and photos of you, your bicycle and the accident scene
• consult an attorney – reach out to a bicycle accident lawyer to help you receive just reimbursement

Keep in mind that even if the accident is in the past and you did few or none of those steps, a bicycle accident attorney can still help you receive compensation.

Take special note of the statute of limitations. In most cases, it is two years from when the accident happened.

Final Thoughts

You likely never expected to be in an accident when you headed out that day and got onto your two-wheeler, and the experience can be scary, not only the accident itself but also the days, months and years that follow as you come to grips with what happened and how it affected you.

For that and other reasons, it is important to ensure that your rights are being upheld.