The Honest Answer to a Question Most Attorneys Won’t Address Directly

Most bicycle accident attorney websites will tell you — without qualification — that you need a lawyer for any bicycle accident claim. That is not always true, and telling you otherwise would not be serving your best interests.

What is true is that the question of whether you need legal representation depends almost entirely on the nature and severity of your injuries, the complexity of the liability issues, and whether the insurance process is proceeding fairly. This guide gives you an honest framework for making that decision — including the circumstances where self-representation is reasonable, and the far more common circumstances where it is not.

This guide is written by Steven M. Sweat, founding attorney of Steven M. Sweat, Personal Injury Lawyers, APC — a Los Angeles bicycle accident law firm with over 30 years of experience exclusively representing injured cyclists throughout California. All cases are handled on a contingency-fee basis, meaning there is no fee unless we recover compensation. For background on the full claims process, see our guide on what documents you need to support a California bicycle accident claim.

When You Probably Do NOT Need a Lawyer

There are genuine circumstances where retaining an attorney adds little value relative to the fee. In the interest of honest advice, here they are:

Minor Accident, No Physical Injury, Clear Liability

If you were involved in a bicycle accident where: (1) you sustained no physical injury requiring medical treatment, (2) liability is clear and undisputed, (3) your only loss is property damage to your bicycle and equipment, and (4) the at-fault driver’s insurer is cooperating — you can likely handle the property damage claim directly with the insurer without legal representation.

In this scenario, the claim is relatively straightforward: document your bicycle damage with photographs and a written repair or replacement estimate, submit it to the insurer, and negotiate if the initial offer is low. Attorney fees on a property-damage-only claim would consume a significant portion of a modest recovery.

Truly Minor Soft-Tissue Injuries, Full Recovery, No Lost Income

If you sustained minor road rash, superficial bruising, or mild muscle soreness that resolved completely within a few days with no medical treatment beyond basic first aid — and you missed no work and incurred no medical bills — the economics of legal representation may not favor hiring an attorney for a small soft-tissue claim.

When You Almost Certainly DO Need a Lawyer

The following circumstances are where going without legal representation consistently costs injured cyclists significant compensation — often far more than any attorney fee.

1. Any Injury Requiring Medical Treatment

Once medical treatment enters the picture — an ER visit, diagnostic imaging, follow-up appointments, physical therapy — the claim’s value and complexity both increase significantly. Medical bills must be properly documented and calculated at their reasonable value (not just what your health insurer paid). Future medical needs may exist even if not yet apparent. Insurance adjusters are trained to minimize medical damages for unrepresented claimants.

The Insurance Research Council’s landmark study found that injured claimants who hired attorneys recovered settlements averaging 3.5 times higher than those who negotiated alone — even after deducting attorney fees. On a $60,000 medical damages claim, that difference is not marginal.

2. Serious, Catastrophic, or Permanent Injuries

For significant bicycle accident injuries — surgical fractures, traumatic brain injury, spinal cord damage, severe road rash requiring skin grafts, or any injury with permanent effects — self-representation is not a realistic option. These claims require:

• Life care planning experts: to project future medical costs over your lifetime
• Vocational rehabilitation experts: to quantify lost earning capacity if your career is affected
• Medical expert witnesses: to testify about the nature, permanence, and cause of your injuries
• Accident reconstruction specialists: to establish liability definitively
• Trial preparation: insurance companies only pay full value on catastrophic claims when they believe the case will go to a jury

For a full breakdown of settlement values by injury type, see our guide on average bicycle accident settlement amounts in California.

3. Disputed Liability or Comparative Fault Arguments

If the insurance company is disputing who caused the accident, arguing that you were at fault, or citing your lane position, helmet use, or alleged traffic violations to reduce your claim — you need an attorney. Comparative fault arguments require independent investigation, Vehicle Code analysis, witness development, and in some cases accident reconstruction to counter effectively.

Insurance adjusters who dispute liability against an unrepresented cyclist know they are negotiating from a position of significant advantage. An attorney levels that playing field immediately. See our dedicated guide on shared fault rules in California bicycle accidents for a full explanation of how these arguments are handled.

4. Government Entity Involvement

If your accident was caused even in part by a dangerous road condition — a pothole, defective bike lane, missing signage, or malfunctioning traffic signal — a government entity may be liable. Claims against California government entities involve:

• A 6-month administrative tort claim deadline under Government Code § 911.2 — before any lawsuit can be filed
• Specific claim form requirements with strict procedural rules
• Government immunity defenses that must be overcome with specific legal arguments
• The need to document the dangerous condition before it is repaired — which government agencies often do quickly once a claim is filed

Missing the 6-month deadline permanently bars your claim against the government entity. An attorney must be involved early. For a full discussion of these deadlines, see our guide on the California bicycle accident statute of limitations.

5. The Insurance Company Is Acting in Bad Faith or Delaying

If the at-fault driver’s insurer is: denying a clearly valid claim, failing to respond to your communications, making a settlement offer far below the documented value of your injuries, or using delay tactics to run out the clock on your statute of limitations — you need legal representation immediately.

California Insurance Code § 790.03 prohibits unfair claims settlement practices, and attorneys can use both civil litigation and bad faith claims to force insurers to honor legitimate obligations. Unrepresented claimants have no practical recourse against these tactics beyond accepting an inadequate settlement.

6. Hit and Run or Uninsured Driver

If the at-fault driver fled the scene or has no insurance, your claim pivots to your own Uninsured Motorist (UM) coverage — and your own insurer, despite being on your side, has a financial interest in paying you as little as possible. Presenting a UM claim effectively requires the same documentation and legal skill as a third-party claim. Your attorney also serves as your advocate in the arbitration process that many UM policies require.

See our dedicated guide on bicycle hit and run claims in Los Angeles for more on this specific scenario.

7. Any Wrongful Death Claim

If a cyclist was killed in a bicycle accident, the surviving family has a wrongful death claim under California Code of Civil Procedure § 377.60. These claims involve complex damages calculations — loss of financial support, loss of companionship, funeral and burial expenses — and require experienced legal representation. The statute of limitations is 2 years from the date of death.

‘But Won’t a Lawyer Take a Big Percentage of My Recovery?’

This is the most common reason injured cyclists delay consulting an attorney — and it is based on a misunderstanding of how contingency fees work in California bicycle accident cases.

How Contingency Fees Work

California personal injury attorneys — including Steven M. Sweat, Personal Injury Lawyers, APC — handle bicycle accident cases on a contingency-fee basis. This means:

• You pay no upfront retainer, no hourly fees, and no costs out of pocket
• The attorney’s fee is a percentage of the recovery — typically 33% if the case settles before filing suit, and up to 40% if the case goes to trial
• If the attorney recovers nothing, you owe nothing in attorney fees
• Case costs (filing fees, expert fees, deposition costs) are typically advanced by the firm and reimbursed from the settlement

The Net Recovery Reality

The critical question is not whether you pay a contingency fee — it is whether your net recovery (after fees) is higher with or without an attorney. The data consistently shows it is higher with one:

When Is the Right Time to Contact a Bicycle Accident Attorney?

The answer is: as soon as possible after the accident — ideally within the first few days, and certainly before:

• Giving a recorded statement to any insurance company
• Signing any medical authorization
• Accepting any settlement offer or signing a release
• The 6-month government tort claim deadline (if a public entity may be involved)
• Surveillance footage and other perishable evidence is destroyed

Early attorney involvement does not obligate you to proceed with a claim or retain the firm permanently. A free consultation gives you an informed assessment of your situation — the strength of your liability case, the likely value of your injuries, the applicable deadlines, and whether legal representation makes financial sense for your specific circumstances.

Waiting until the statute of limitations approaches, or until after you have already given a recorded statement and received a lowball offer, significantly constrains what an attorney can do for you. The strongest cases are built from the beginning.

How to Evaluate a California Bicycle Accident Attorney

If you decide legal representation is appropriate for your situation, choosing the right attorney matters. Not all bicycle accident lawyers are equally qualified. The key factors to evaluate are covered in detail in our guide: Bicycle Accident Lawyer Near Me: 5 Things to Look For. In summary, prioritize:

Frequently Asked Questions

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case turns on its specific facts. Consult a qualified California personal injury attorney regarding your individual circumstances.

Building Your Bicycle Accident Claim: Why Documentation Makes or Breaks Your Recovery

Most injured cyclists focus on the accident scene — exchanging information, calling police, getting to the hospital. Those immediate steps matter enormously. But the work that happens in the days, weeks, and months after the crash is equally important, and it is where the majority of California bicycle accident claims are won or lost.

Insurance companies have professional adjusters, investigators, and defense attorneys working from the moment a claim is filed. Their job is to find documentation gaps, inconsistencies, and missing evidence that justify reducing or denying your claim. The only effective counter is a systematically documented claim that accounts for every injury, every dollar of economic loss, every limitation on your life, and every piece of evidence that establishes the other party’s fault.

This guide — written by Los Angeles bicycle accident attorney Steven M. Sweat with over 30 years of experience exclusively representing injured California cyclists — walks through every category of documentation your claim requires and explains the claims process from first contact with insurance through settlement or trial. For a step-by-step guide to the scene itself, see our article on what to do immediately after a bicycle accident in California.

Category 1: Accident Documentation

The foundation of your claim is evidence that establishes what happened, who was at fault, and where and when the accident occurred. This documentation should begin at the scene and continue through the investigation phase.

The Police Report

If police responded to your accident, obtaining the official report is your first post-scene task. In Los Angeles, LAPD reports can be requested through the LAPD online report system or in person at the relevant division. LA County Sheriff reports are available through the Sheriff’s Department. The report number should have been provided to you at the scene.

The report contains the responding officer’s diagram of the crash, statements from all parties, witness contact information, any citations issued, and the officer’s observations about road and weather conditions. While the officer’s fault determination is not admissible as evidence in a civil trial under CVC § 20013, the factual content of the report — the diagram, the statements, the conditions documented — is valuable for your attorney’s investigation and for demonstrating the circumstances of the crash to the insurance company.

If the police report contains errors or inaccuracies — including an incorrect fault determination — an experienced bicycle accident attorney can challenge and rebut the report through independent investigation, witness testimony, and accident reconstruction.

Scene Photographs and Video

Photographs taken at the scene are among the most durable and compelling evidence in any bicycle accident claim. If you were able to take photos at the scene, preserve every image exactly as captured — do not edit, crop, or filter. If you were too injured to photograph the scene yourself, a family member, friend, or your attorney’s investigator should return to document it as soon as possible, ideally within 24 to 48 hours.

Critical photographic evidence includes:

• Vehicle position and damage: All angles of the at-fault vehicle, its license plate, and the point of impact with your bicycle
• Your bicycle: Damage to the frame, wheels, components, and any safety equipment — photograph before any repairs are made
• Your injuries: Photograph all visible injuries at the scene and daily throughout your recovery as they evolve — bruising often worsens significantly in the 48–72 hours following impact
• Road conditions: Potholes, debris, missing signage, faded lane markings, defective bike infrastructure — particularly important if a government entity may be liable
• Skid marks and debris field: Establishes vehicle speeds and the sequence of the collision
• Traffic controls: Signal positions, stop signs, crosswalk markings, and any sight-line obstructions
• Surveillance cameras: Identify and document the location of any cameras that may have captured the accident — ring doorbells, business security cameras, traffic cameras, dashcams in nearby vehicles

Witness Information and Statements

Independent eyewitness testimony is among the most persuasive evidence in disputed-liability bicycle accident cases. At the scene, collect the full name, phone number, and email address of every witness — including bystanders, nearby business owners, other cyclists, and pedestrians. Do not assume the police report will capture all witnesses; officers frequently miss bystanders who do not approach them voluntarily.

Your attorney will conduct formal witness interviews, obtain written statements, and if necessary, prepare witnesses for deposition or trial testimony. Memories fade quickly — the sooner witnesses are contacted, the more reliable and detailed their accounts will be.

Driver and Vehicle Information

From the at-fault driver, you need — at minimum:

• Full legal name, address, and phone number
• Driver’s license number and state of issue
• Vehicle make, model, year, and license plate number
• Auto insurance company name and policy number
• Vehicle registration information (confirms ownership)

Photograph the driver’s license, insurance card, and vehicle registration directly with your phone. If the driver refuses to provide information, note the license plate and vehicle description and report the refusal to the responding officer. Never leave the scene without at least a plate number.

Category 2: Medical Records and Treatment Documentation

Medical documentation is the single most important category of evidence for establishing the nature, severity, and value of your injuries. Insurance companies scrutinize medical records looking for gaps in treatment, pre-existing conditions, and inconsistencies between your reported symptoms and your treatment history. A thorough, continuous medical record eliminates the ammunition they need to minimize your claim.

Emergency and Initial Treatment Records

Request copies of all records from your emergency room or urgent care visit as soon as possible. These records establish the first documented description of your injuries, the mechanism of injury (bicycle accident), and the initial treatment provided. They are the baseline against which all subsequent treatment is measured.

Key records to obtain and preserve:

• Emergency department intake notes and triage records
• Physician examination notes and diagnoses
• All imaging results: X-rays, CT scans, MRIs, ultrasounds
• Laboratory results where relevant
• Surgical records and operative reports if surgery was performed
• Hospital discharge instructions and follow-up recommendations
• Ambulance or paramedic reports (separate from hospital records)

Ongoing Treatment Records

Every appointment, treatment, therapy session, and prescription related to your bicycle accident injuries must be documented and preserved. This includes:

• Primary care physician visit notes
• Orthopedic, neurological, or specialist consultation records
• Physical therapy and occupational therapy progress notes
• Chiropractic treatment records
• Mental health treatment records (if applicable — PTSD, anxiety, and depression are recognized compensable injuries)
• Prescription records and pharmacy receipts
• Durable medical equipment prescriptions and receipts (braces, crutches, wheelchairs)

Future Medical Care Documentation

For serious injuries — traumatic brain injury, spinal cord injury, major orthopedic injuries, severe road rash requiring skin grafts — a significant portion of your damages may be the cost of future medical care you have not yet received. This requires expert documentation in the form of:

• Life care plan: A formal expert report projecting all future medical needs, therapies, assistive equipment, and long-term care costs prepared by a certified life care planner
• Treating physician opinions: Written statements from your doctors regarding permanence of injuries, prognosis, and anticipated future treatment needs
• Vocational expert analysis: If your injuries affect your ability to work in your current field, a vocational expert can document lost earning capacity over your lifetime

See our detailed breakdown of how these categories affect claim value in our guide to average bicycle accident settlement amounts in California.

Category 3: Financial Loss Documentation

Economic damages — the measurable financial losses caused by your accident — require documentation to prove. Unlike non-economic damages (pain and suffering), which are argued based on the nature and severity of your injuries, economic damages must be supported by specific records.

Lost Income and Earning Capacity

Medical Bills and Out-of-Pocket Expenses

Preserve every bill, statement, and receipt related to your accident injuries:

• Hospital and emergency room bills (itemized, not just summary statements)
• Physician and specialist billing statements
• Physical therapy and rehabilitation invoices
• Prescription receipts
• Medical equipment receipts (braces, crutches, compression garments)
• Transportation costs to and from medical appointments (mileage, rideshare receipts, parking)
• Home care or in-home assistance costs if injuries require help with daily activities
• Out-of-pocket costs not covered by health insurance

California law allows recovery of the reasonable value of medical treatment — not just what your health insurer paid after contractual adjustments. This distinction can significantly increase the medical damages component of your claim, and it is an area where experienced legal representation matters.

Category 4: Property Damage Documentation

Your bicycle and any equipment damaged in the crash is a compensable element of your claim. Critically,

Property damage documentation to preserve:

• Photographs of bicycle damage from all angles before any repair
• Written repair estimate from a bicycle shop on letterhead
• If total loss: comparable replacement cost documentation
• Receipts for all damaged accessories (helmet, cycling computer, lights, clothing)
• Original purchase receipt or proof of bicycle value if available
• Photos of any other personal property damaged in the crash

Category 5: The Personal Impact Journal

Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium — are among the most significant components of a serious bicycle accident claim. Unlike medical bills, these damages cannot be documented with receipts. The most effective documentation tool is a personal impact journal maintained consistently throughout your recovery.

Start your journal the day of the accident and update it daily or as often as possible. Record:

• Your pain levels each day (1–10 scale) and the specific nature of the pain
• Activities you were unable to perform because of your injuries (work tasks, household duties, exercise, hobbies, family activities)
• Sleep disruption and its effects on daily functioning
• Emotional symptoms: anxiety, depression, fear of cycling or traffic, flashbacks
• Every medical appointment, what was discussed, and any changes to your treatment
• Interactions with insurance adjusters — dates, names, what was said
• Any statements or offers made by the insurance company

A well-maintained journal provides your attorney with a day-by-day narrative of how the accident affected your life — invaluable during settlement negotiations and at trial. Juries respond powerfully to specific, concrete descriptions of how an injury changed a person’s daily existence.

The California Bicycle Accident Claims Process: From Report to Resolution

Understanding the overall claims process — and where documentation fits within it — helps you navigate each stage strategically.

*MMI = Maximum Medical Improvement — the point at which your condition has stabilized and your treating physician does not expect significant further recovery. Settling before MMI risks undervaluing future medical needs.

Reporting to Insurance: What to Do and What to Avoid

After a bicycle accident in California, you may need to interact with multiple insurance companies — the at-fault driver’s insurer, your own auto insurer (for uninsured/underinsured motorist coverage), your health insurer, and possibly a homeowner’s or renter’s insurer. Each interaction carries risk if handled incorrectly.

What Types of Insurance Cover a California Bicycle Accident?

Multiple insurance sources may be available depending on your specific circumstances. A full discussion of coverage types is available in our dedicated article on what insurance covers California bicycle accident claims. In summary, potential sources include the at-fault driver’s liability policy, your own UM/UIM coverage, your auto policy’s medical payments coverage (Med-Pay), your health insurance, and — for accidents caused by dangerous road conditions — a government entity’s liability.

Frequently Asked Questions: California Bicycle Accident Documentation

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Consult a qualified California personal injury attorney about the specific facts and circumstances of your case.

California’s Pure Comparative Negligence Rule: What It Means for Injured Cyclists

After a bicycle accident in California, one of the first things an insurance adjuster will do is look for reasons to blame you. Were you riding in the wrong part of the lane? Did you run a yellow light? Were you wearing a helmet? Were you using your phone? These questions are not asked out of genuine curiosity — they are asked because every percentage point of fault assigned to you reduces the insurer’s exposure by that same percentage.

Understanding how California’s comparative fault rules work — and how insurance companies exploit them against injured cyclists — is essential to protecting the full value of your claim. This guide, written by Los Angeles bicycle accident attorney Steven M. Sweat with over 30 years of experience exclusively representing injured Californians, explains the law, the tactics, and how to fight back.

For related guides, see our overview of California bicycle accident law and cyclist rights and our article on what to do immediately after a bicycle accident.

What Is Pure Comparative Negligence?

California is a pure comparative negligence state. This rule, established by the California Supreme Court in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) and codified in Civil Code § 1714, holds that every party in an accident is liable for damages in proportion to their own degree of fault — and that an injured plaintiff can recover compensation regardless of how much fault is assigned to them.

California’s system is notably more plaintiff-friendly than many other states. Thirty-three states use a modified comparative negligence standard that bars recovery if the plaintiff is 50% or 51% or more at fault. California imposes no such threshold. Even a cyclist found to be 90% at fault can theoretically recover 10% of their damages from the other party.

How the Math Works: A Practical Example

How Insurance Companies Use Comparative Fault Against Cyclists

Insurance adjusters are trained to identify and amplify any argument that places fault on the cyclist. The goal is simple: every percentage point of fault assigned to the cyclist reduces the insurer’s payout. Here are the most common tactics used against bicycle accident victims in California:

1. Helmet Non-Use

California law does not require adult cyclists (18 and older) to wear helmets under CVC § 21212 — only riders under 18 are legally required to wear one. Yet adjusters routinely argue that an unhelmeted adult cyclist assumed the risk of head injury or was comparatively negligent for not wearing a helmet.

California courts have allowed helmet non-use as an eggshell plaintiff or comparative fault argument in some cases, but only in limited circumstances. The defense must prove that: (1) a helmet would have been worn under the circumstances, (2) the specific head injury suffered was the kind a helmet would have prevented, and (3) the cyclist’s choice not to wear one was unreasonable. This is a high bar — and an experienced attorney can challenge it effectively.

2. Lane Position and the ‘Far Right’ Argument

CVC § 21202 requires cyclists to ride as far to the right as practicable — but the statute contains important exceptions that adjusters and even responding police officers frequently ignore:

• Unsafe conditions: debris, potholes, door zone hazards, or narrow lanes
• Passing: overtaking a slower-moving vehicle or cyclist
• Left turns: preparing to turn left
• Approaching a right turn: avoiding a right-hook collision
• Lane too narrow to share safely: when a lane is too narrow for a bicycle and vehicle to travel side by side safely

If a cyclist was riding in a position that falls within one of these exceptions, any comparative fault argument based on lane position should fail. See our discussion of cyclist lane rights on the California bicycle laws page.

3. Traffic Signal and Stop Sign Violations

If a cyclist ran a red light or stop sign prior to being struck, the defense will argue negligence per se — that the cyclist’s violation of a traffic law establishes fault as a matter of law. However, negligence per se does not automatically equal a particular percentage of fault, and the driver’s concurrent negligence (speeding, distraction, failure to yield) still applies.

4. Wrong-Way Riding

Riding against traffic is a clear CVC violation and one of the strongest comparative fault arguments a defendant can raise. Cyclists riding the wrong way face a significantly reduced — or in some cases, eliminated — recovery depending on the specific circumstances, because their violation was likely a substantial contributing cause of the crash.

5. Riding While Distracted

Using a phone, wearing headphones, or other distraction while cycling can be argued as comparative negligence. CVC § 21960 and related provisions impose duties of attentiveness on all road users. While distracted riding is rarely dispositive on its own, it can contribute to a fault percentage, particularly if the defendant can show the cyclist would have seen and avoided the vehicle but for the distraction.

6. Riding on the Sidewalk

California has no statewide ban on sidewalk cycling under CVC § 21206, but many municipalities — including the City of Los Angeles — have local ordinances restricting or regulating it. If a cyclist was riding on a sidewalk contrary to local law at the time of the accident, comparative fault arguments follow. See our detailed article on sidewalk bicycle accident claims in Los Angeles for how these cases are evaluated.

The Police Report Problem: Why Officers Wrongly Blame Cyclists

One of the most frustrating realities of bicycle accident litigation is that responding police officers frequently assign fault to cyclists — even when the driver was primarily or entirely responsible. This happens for several reasons:

• Officers may be unfamiliar with cyclist-specific Vehicle Code provisions (e.g., the CVC § 21202 exceptions to the ‘far right’ rule)
• Drivers are often more articulate at the scene and present a more confident account of what happened
• Injured cyclists may be in shock, in pain, or unable to advocate for themselves
• Institutional bias: officers may default to assumptions about cyclist behavior in ambiguous situations

Critically, under CVC § 20013, a police officer’s accident report and opinion about fault cannot be admitted as evidence in a civil trial. The officer’s fault determination is hearsay. This means that even if the police report blames you, it does not control the outcome of your civil claim. An experienced attorney can use independent investigation, accident reconstruction experts, surveillance footage, and witness testimony to rebut an unfavorable police report and establish the true allocation of fault.

Real-World Scenarios: How Fault Is Allocated in California Bicycle Cases

How an Attorney Fights Back Against Comparative Fault Arguments

The insurer’s goal is to push your fault percentage as high as possible. Your attorney’s goal is the opposite. Here is how experienced bicycle accident counsel counters comparative fault arguments:

1. Independent accident reconstruction: An expert can determine vehicle speeds, sight lines, braking distances, and the precise sequence of events — often contradicting the insurer’s narrative.
2. Surveillance and dashcam footage: Video evidence frequently resolves disputed fault questions definitively and is most valuable when preserved immediately after the crash.
3. Witness testimony: Disinterested eyewitnesses carry significant weight with juries and in settlement negotiations.
4. Traffic engineering analysis: In cases involving road design, signage, or intersection geometry, an expert can demonstrate that the crash was structurally predictable — and foreseeable to the responsible party.
5. Vehicle Code analysis: Many adjusters and officers misapply the CVC exceptions that allow cyclists to deviate from the far-right riding position. A thorough statutory analysis can negate a fault argument entirely.
6. Medical expert testimony on helmet issues: When the defense argues helmet non-use, a biomechanical or medical expert can testify about whether the specific injuries suffered would have been prevented by a helmet — often the answer is ‘no’ or ‘only partially.’
7. Filing suit and preparing for trial: The credible threat of a Los Angeles jury verdict is often the most powerful tool for correcting an unreasonable fault allocation in settlement negotiations. Insurance companies settle more favorably when they know your attorney will take the case to trial.

Comparative Fault FAQ: California Bicycle Accidents

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case turns on its specific facts. Consult a qualified California personal injury attorney regarding your individual circumstances.

California’s Bicycle Accident Statute of Limitations: What Every Injured Cyclist Needs to Know

A bicycle accident can upend your life in an instant. Between emergency medical care, ongoing treatment, missed work, and the trauma of recovery, the last thing most injured cyclists want to think about is legal deadlines. But in California, those deadlines are non-negotiable — and missing them can permanently extinguish your right to seek any compensation, no matter how serious your injuries or how clear the other driver’s fault.

The statute of limitations is the legal time limit within which you must file a lawsuit. In California, most bicycle accident injury claims are governed by a 2-year deadline under Code of Civil Procedure § 335.1. But several critical exceptions — most notably for accidents involving government entities, injured minors, and discovery of latent injuries — can shorten or extend that window significantly.

This guide, written by Los Angeles bicycle accident attorney Steven M. Sweat with 30+ years of experience exclusively representing injured Californians, explains every deadline you need to know, the exceptions that may apply to your case, and what happens if you wait too long. For a broader overview of your rights after a crash, see our guide on what to do after a bicycle accident in California.

The General Rule: 2 Years to File (CCP § 335.1)

Under California Code of Civil Procedure § 335.1, an injured party has two years from the date of the injury to file a personal injury lawsuit. This is the default deadline for bicycle accident claims involving private parties — meaning the at-fault driver, their employer (in certain cases), a vehicle manufacturer, or a property owner whose dangerous condition contributed to the crash.

The clock starts on the date of the accident, not the date you discover the full extent of your injuries — with one important exception discussed below.

Why 2 Years Goes Faster Than You Think

Two years may sound like ample time. In practice, it disappears quickly:

• Medical treatment and recovery can consume months before legal questions even arise
• Insurance company negotiations often drag on — adjusters may string you along until the deadline passes
• Building a strong case requires investigation, evidence preservation, expert consultation, and legal preparation — all of which take time
• Many attorneys need 60–90 days of lead time before they can file a complete, well-supported complaint

The moment you are injured, your attorney’s clock starts. Consulting a Los Angeles bicycle accident lawyer as early as possible protects both your legal rights and the strength of your claim.

The Critical Exception: Suing a Government Entity — 6 Months to Act

If your bicycle accident was caused — even partially — by a dangerous road condition on a public street, pothole, defective bike lane, missing signage, or poorly designed intersection, a government entity may be liable. In Los Angeles, that could mean the City of Los Angeles, Los Angeles County, Caltrans, the Metropolitan Transportation Authority (Metro), or another public agency.

Suing a government entity in California requires a critical preliminary step under the California Government Claims Act (Government Code §§ 810–996.6): before you can file a lawsuit against a public agency, you must first file a formal government tort claim directly with that agency.

The 6-Month Government Claim: What It Is and Why It Matters

A government tort claim is a written notice to the agency describing the accident, your injuries, and your damages. It is not a lawsuit — it is a prerequisite to filing one. Under Government Code § 911.2, this claim must be filed within 6 months of the date of injury. The agency then has 45 days to accept, deny, or ignore the claim. If the claim is rejected or ignored, you then have 6 months from the rejection to file suit.

Many bicycle accident victims in Los Angeles are unaware of this requirement — and miss it entirely. If you fail to file the government claim within 6 months, you will almost certainly lose your right to pursue the government entity regardless of how strong your underlying case is.

Tolling: When the Clock Can Be Paused

“Tolling” refers to the legal pausing or suspension of the statute of limitations. Several circumstances can toll the SOL in a California bicycle accident case:

1. Injured Minors (Under 18)

When the injured cyclist is a minor, California tolls the statute of limitations until the minor turns 18. The 2-year clock then begins on their 18th birthday, giving them until age 20 to file. Important exception: this tolling rule does not apply to claims against government entities. For minors injured by dangerous public road conditions, the 6-month government claim deadline still applies (with some nuances — consult an attorney promptly).

2. The Discovery Rule — Latent Injuries

In most bicycle accident cases, the injury is immediately apparent. But some injuries — particularly traumatic brain injuries, spinal injuries, and internal injuries — may not fully manifest until weeks or months after the crash. California’s discovery rule holds that the statute of limitations begins when the plaintiff knew, or reasonably should have known, of the injury and its cause. Courts apply this rule narrowly in clear-cut accident cases; it is most relevant when a medical condition is genuinely latent.

3. Defendant’s Absence from California

Under CCP § 351, if the defendant leaves California after the accident and before you can file suit, the time they spend outside the state generally does not count toward the limitations period.

4. Mental Incapacity

If the plaintiff is mentally incapacitated at the time of the injury, the limitations period is tolled during the period of incapacity under CCP § 352.

5. Fraud or Concealment by the Defendant

If a defendant actively conceals facts that prevent the plaintiff from discovering the claim, equitable tolling may apply. This is relatively rare in straightforward bicycle accident cases but can arise when, for example, a vehicle owner conceals the identity of the at-fault driver.

What Happens If You Miss the Deadline?

Missing the statute of limitations is almost always fatal to your claim. If you file a lawsuit after the deadline has passed, the defendant will file a motion to dismiss — and California courts will grant it. The merits of your case are irrelevant. You could have overwhelming evidence of negligence and catastrophic injuries, and you will still lose your right to any compensation.

Insurance companies are well aware of statute of limitations deadlines. Adjusters sometimes use delay tactics — stringing along negotiations, requesting additional documentation, suggesting a settlement is imminent — to run out the clock. Once the deadline passes, their liability disappears. This is one of the most important reasons why having a California bicycle accident attorney monitoring your case from the outset is so critical.

Practical Timeline: What Should Happen After Your Bicycle Accident

Understanding deadlines is important — but knowing what actions to take, and when, is what actually protects your claim. Here is a practical timeline:

For a comprehensive guide to the steps you should take immediately after a crash — from calling 911 to documenting your injuries — see our detailed article: What To Do After a Bicycle Accident: California Steps.

Bicycle Accident Statute of Limitations: Frequently Asked Questions

Why Acting Quickly Strengthens Your Case Beyond Just Meeting the Deadline

Meeting the statute of limitations is the minimum. The strongest bicycle accident cases are built from evidence gathered in the days and weeks immediately following the crash — before it disappears:

• Surveillance camera footage is typically overwritten within 30–90 days
• Skid marks, debris, and physical road conditions change quickly
• Witness memories fade and witnesses become harder to locate over time
• Medical records create a contemporaneous record of your injuries — gaps in treatment undermine damages claims
• Government entities can repair dangerous road conditions quickly, eliminating evidence of the defect

Early attorney involvement allows for immediate evidence preservation, proper identification of all liable parties, and strategic case development — not just deadline compliance.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case turns on its specific facts. Consult a qualified California personal injury attorney about the deadlines that apply to your specific situation.

California has long been one of the most active cycling states in the nation. From the beach paths of Santa Monica and Venice Beach to the urban bike lanes of Downtown Los Angeles, bicycling is woven into the cultural fabric of Southern California. But California’s roadways also tell a grimmer story. Despite investments in bike infrastructure, cyclists remain among the most vulnerable road users. When a motor vehicle strikes a bicyclist, the consequences are typically far more severe than in a car-on-car collision. Cyclists have no protective steel frame, no airbags, no seatbelt — the full force of impact is absorbed by the human body.

For those injured by another driver’s negligence, a critical question arises quickly: what is my case worth? This guide — written by Los Angeles bicycle accident attorney Steven M. Sweat with over 30 years of experience exclusively representing injured Californians — provides a data-driven answer. We cover settlement ranges, real California verdict data, the legal factors that drive case value, and what you need to do to protect your claim. For an overview of your rights and immediate steps after a crash, see our guide: What to Do After a Bicycle Accident: California Steps.

Why You Need a Bicycle Accident Lawyer — And How It Affects Your Settlement

If you were injured in a bicycle accident in California, one of the most consequential decisions you will make is whether to hire a Los Angeles bicycle accident attorney. The settlement ranges in this guide reflect outcomes shaped largely by the quality of legal representation on both sides of the table.

The Insurance Research Council (IRC) found that personal injury victims who hired attorneys recovered settlements averaging 3.5 times higher than unrepresented claimants — even after deducting attorney’s fees. Insurance adjusters are trained professionals whose job is to resolve claims for as little as possible. When you hire an experienced bicycle accident lawyer, you level that playing field.

What a Bicycle Accident Lawyer Does for Your Claim

A qualified bicycle accident attorney does far more than file paperwork. From the moment you retain counsel, your lawyer works to:

• Conduct an independent accident investigation, preserving critical evidence before it disappears
• Identify all liable parties — the at-fault driver, their employer if applicable, vehicle manufacturers, or government entities responsible for road maintenance
• Calculate the full value of your damages, including future medical costs, long-term lost earning capacity, and non-economic losses like pain and suffering
• Manage all communications with insurance adjusters, protecting you from recorded statements that could reduce your recovery
• Leverage California’s pure comparative negligence rule to your advantage, pushing back against attempts to assign fault to you
• Prepare every case as if it will go to trial — the credible threat of a Los Angeles jury verdict is often the most powerful settlement tool available

Steven M. Sweat, Personal Injury Lawyers, APC has represented bicycle accident victims throughout Los Angeles and California for over 30 years on a contingency-fee basis — you pay nothing unless we recover compensation. Call 866-966-5240 for a free consultation.

The Statistical Reality: Bicycle Accidents in California

According to the California Office of Traffic Safety (OTS), there were 145 bicyclist fatalities in California in 2023 — down approximately 20.8 percent from 183 in 2022. While this is an encouraging decline, the broader trend remains alarming: combined bicycle and pedestrian deaths on California roads totaled 1,106 in 2023, representing a 56 percent increase from 2014.

California consistently accounts for a disproportionate share of national bicyclist fatalities. In 2022, California bicyclist deaths represented approximately 16 percent of all U.S. bicycle fatalities — despite the state accounting for roughly 12 percent of the national population. The UC Berkeley SafeTREC 2024 Bicycle Safety Fact Sheet (drawing on FARS and SWITRS data) reports that 88 percent of fatal bicycle crashes in California occur on urban roads. Los Angeles County alone recorded 2,072 total bicyclists injured and killed in accidents in 2022, including 176 children under 15.

Nationally, the National Safety Council reported 1,377 total bicyclist deaths in 2023. The NHTSA’s early estimates for 2024 show a further 5 percent decrease in pedalcyclist fatalities — a positive trend, though the numbers remain high. The UC Berkeley SafeTREC data shows that broadside crashes account for 33.2 percent of all fatal and serious-injury bicycle crashes in California, followed by rear-end collisions (11.2%) and head-on crashes (7.3%). Male cyclists account for 74 percent of fatalities and 79 percent of serious injuries.

One rapidly growing category: electric bicycle (e-bike) accidents. According to Children’s Hospital of Orange County, pediatric e-bike injuries surged from 7 cases in 2019 to 116 cases in 2024 — a nearly 1,600 percent increase. E-bikes are heavier and faster than standard bicycles, producing more severe injuries in crashes and, as case law develops, increasingly significant settlement values.

Is There Really an ‘Average’ Bicycle Accident Settlement in California?

The short answer is no — and any website claiming to know the “average” bicycle accident settlement should be viewed with skepticism. Settlement data is rarely made public. Insurance companies do not publish their payout histories. Two cases involving the same type of accident can produce wildly different outcomes based on injury severity, available insurance coverage, and the strength of the legal representation.

What authoritative research does tell us: according to Thomson Reuters analysis of jury verdicts and settlements, the average monetary award across all California personal injury cases is approximately $1.8 million, while the median verdict is approximately $114,000. The enormous gap between mean and median reveals that a small number of catastrophic verdicts — involving paralysis, severe TBI, or wrongful death — pull the average dramatically upward. For most cases, the median is the more instructive benchmark.

Why ‘averages’ can mislead injured cyclists:

• Survivorship bias: Published settlements often reflect large, high-profile verdicts — not the full range of outcomes
• Injury disparity: A $15,000 road rash settlement and a $6.5 million spinal cord settlement are both ‘bicycle accident settlements’ — averaging them produces a number that represents neither case
• Insurance limits: A driver with minimum California liability coverage caps your recovery regardless of injury severity — unless your own UM/UIM coverage applies
• Legal representation: Represented claimants recover significantly more than those negotiating alone with insurance adjusters

Rather than searching for a misleading average, the more useful analytical framework asks: what are the factors that distinguish a $30,000 case from a $3 million case? The following section provides that framework.

Bicycle Accident Settlement Ranges by Injury Type (California 2026)

The following ranges are drawn from publicly reported California verdicts and settlements, injury-specific research, and the firm’s 30-plus years of experience litigating bicycle accident cases. They are starting points for analysis — not guarantees. Every case turns on its specific facts, evidence, and circumstances.

Note: These ranges are illustrative only and do not guarantee any specific outcome. Your case may fall above or below these ranges depending on the unique facts, available insurance, and other circumstances.

The 7 Core Factors That Determine Your Bicycle Accident Settlement Value

Factor 1: The Nature and Severity of Your Injuries

Injury severity is the single most important driver of case value. The more serious, permanent, and life-altering the injury, the higher the potential compensation — because serious injuries generate higher medical costs, greater pain and suffering, longer periods of lost income, and a more profound long-term impact on quality of life.

The Surgical vs. Non-Surgical Divide: A Critical Turning Point in Value

Within the spectrum of injuries, a crucial distinction that dramatically impacts settlement value is whether the victim undergoes surgery. The decision to have surgery is always a medical one, made by you and your doctors based solely on your health. But its legal and financial ramifications are substantial.

Data from the Insurance Research Council (IRC) shows that personal injury settlements involving surgery are, on average, 3.5 times higher than claims without surgery. A separate survey found that surgical claimants received settlements averaging $75,000 higher than non-surgical claimants. Why?

• Exponentially higher medical costs: Surgery costs — surgeon’s fees, anesthesiology, hospital stays, post-op rehabilitation — create a much higher baseline for economic damages. A spinal fusion can cost $50,000 to $150,000 or more
• Objective proof of serious injury: A board-certified surgeon’s decision to perform a major invasive procedure cannot be minimized by an adjuster the way subjective pain complaints can
• Higher pain and suffering multiplier: Surgical cases justify a significantly higher multiplier for non-economic damages, reflecting surgical trauma, arduous recovery, possible scarring, and long-term limitations
• Evidence of permanency: Surgery — particularly spinal fusion or orthopedic hardware implantation — permanently alters anatomy, enabling a powerful case for future medical expenses and lost earning capacity

See our detailed resources on specific injury types:

• Average Settlement Values for Broken Bone Injuries in California
• Average Brain Injury Settlement Values in California
• Average Wrongful Death Settlement Values in California

Factor 2: Liability — Fault, Evidence, and Comparative Negligence

California follows a pure comparative negligence doctrine under California Civil Code § 1714. Even if you were partially at fault for the accident — perhaps you failed to use a hand signal, were riding outside a designated lane, or were not wearing a helmet — you can still recover damages. Your compensation is simply reduced by your percentage of fault.

Cases with clear, uncontested liability — a rear-end collision with dashcam footage, or a driver who ran a red light — command significantly higher settlements than cases with disputed fault. Insurance companies routinely attempt to assign comparative fault to cyclists, exploiting common biases about cycling behavior. An experienced attorney is essential to counter these efforts.

Key California Vehicle Code provisions establishing cyclist rights: CVC § 21200 gives cyclists the same rights and responsibilities as motor vehicle operators. CVC § 21801(a) requires left-turning drivers to yield to all oncoming traffic including cyclists. CVC § 22517 prohibits opening a vehicle door into the path of oncoming traffic. A driver’s violation of these provisions typically establishes negligence per se — significantly strengthening your claim.

Factor 3: Documented Medical Treatment and Future Care Needs

The foundation of any bicycle accident settlement is documented medical expenses. Every medical record, surgical note, physical therapy discharge summary, and prescription receipt forms the baseline of your economic damages.

For serious injuries, the future medical expense component can dwarf the cost of treatment already received. A life care plan — an expert-prepared document projecting all future medical needs, assistive devices, rehabilitation, and attendant care — is often the single most important document in a high-value bicycle accident case. In cases involving traumatic brain injury or spinal cord injury, future care needs can represent several million dollars in present value.

Factor 4: Lost Wages and Diminished Earning Capacity

When a bicycle accident keeps you out of work, you are entitled to recover lost wages for the entire period of disability — including straight wages, self-employment income, and the value of benefits you were unable to earn.

In catastrophic injury cases, the more consequential category is diminished future earning capacity — the permanent reduction in your ability to earn income. A 35-year-old software engineer earning $180,000 per year who suffers a severe TBI that prevents return to work could present a future earning capacity claim worth $3 million to $5 million in present value. Vocational experts and forensic economists calculate and present these projections.

Factor 5: Available Insurance Coverage

The practical ceiling on many settlements is the amount of insurance available. As of January 1, 2025, California’s mandatory minimum automobile liability limits increased under Senate Bill 1107 from $15,000/$30,000 to $30,000 per person / $60,000 per occurrence for bodily injury. While this is an improvement, minimum-limit policies remain inadequate for any serious injury.

If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage under your automobile insurance policy may provide critical additional recovery — even while you are on a bicycle. California law requires UM/UIM coverage on all personal auto policies unless specifically waived in writing. Cyclists who own vehicles should carry robust UM/UIM limits for exactly this reason. For cases involving commercial vehicles, rideshare drivers, or delivery companies, commercial policies with limits of $1 million or more may be available.

Factor 6: Government Entity Claims — Roadway Defects

Bicycle accident claims against government entities — the City of Los Angeles, Los Angeles County, or Caltrans — for dangerous potholes, defective bike lane construction, or absent infrastructure require strict compliance with the California Tort Claims Act. A government tort claim must be filed within six months of the accident date under Government Code § 911.2. Missing this deadline permanently extinguishes your right to sue. The $6.5 million Oakland settlement (defective bike lane, 2023) and the $3 million San Diego settlement (pothole, sunken asphalt) illustrate the significant recovery available in well-documented government liability cases.

Factor 7: Venue and Quality of Legal Representation

Los Angeles County is one of the most plaintiff-favorable venues in California. LA County juries have historically delivered substantial verdicts in personal injury cases, and insurance companies price this into their settlement calculations. Cases filed in Los Angeles may carry meaningfully higher settlement values than identical cases in more conservative jurisdictions.

Quality of representation is equally decisive. The IRC study finding that represented claimants recover 3.5× more than unrepresented claimants is not abstract — it reflects the practical reality that insurance adjusters make lower offers when no attorney is present, and raise them significantly when experienced trial counsel is involved.

Real California Bicycle Accident Verdicts and Settlements

Understanding settlement ranges in the abstract is useful. Examining actual cases — sourced from government records, court databases, and reported news accounts — makes the picture concrete. The following are drawn from publicly reported California bicycle accident outcomes.

$23 Million Verdict — San Francisco (Cyclist vs. Delivery Truck, Permanent Paralysis)

A San Francisco jury awarded $23 million to a cyclist struck by a delivery truck who suffered permanent paralysis. This case illustrates how corporate defendants with large commercial insurance policies — combined with severe permanent injuries — produce the highest outcomes in bicycle accident litigation.

$6.5 Million Settlement — Oakland (Defective City Bike Lane, 2023)

In December 2023, the Oakland City Council approved a $6.5 million settlement — the highest road-conditions payment the city had made in at least 10 years — for a cyclist who suffered fractured cervical vertebrae, a spinal cord injury, and a traumatic brain injury after crashing on MacArthur Boulevard due to a misaligned seam in a newly constructed bike lane. This case demonstrates both the serious liability exposure for defective government bike infrastructure and the critical importance of filing a timely government tort claim (six-month deadline under Government Code § 911.2).

$14.6 Million Verdict — Orange County (Severe Spinal Injury, Bicycle Crash)

A verdict was entered in Simone vs. Estate of Bruce Jameson for a bicycle crash in Orange County involving a severe spinal cord injury, producing a $14.6 million award. Permanent, high-level spinal cord injuries consistently produce the largest verdicts in bicycle accident litigation.

$3 Million Settlement — San Diego (City Liability, TBI from Sunken Asphalt, 2023)

The City of San Diego paid nearly $3 million to settle a claim by a Carlsbad cyclist who suffered a traumatic brain injury when his bicycle struck sunken asphalt on Santa Fe Street in Bay Ho. The cyclist sustained permanent disabilities resulting in reduced earning capacity. Per the San Diego Union-Tribune (April 2023), this case resolved after years of litigation.

$229,500 Verdict — Los Angeles (Roadway Defect, City of Los Angeles, 2025)

A Los Angeles jury awarded $229,500 to a cyclist thrown over his handlebars when his bicycle struck a negligently misleveled section of pavement that blended with surrounding road surface. The plaintiff suffered cuts, bruising, and a fractured clavicle. The jury held the City of Los Angeles liable for failing to maintain a safe cycling surface. (Source: jury verdict databases, 2025.)

$103,900 Verdict — Alameda County (E-Cart Collision on Campus)

A jury in Alameda County awarded $103,900 to a cyclist struck by an electric maintenance cart on the UC Berkeley campus. The plaintiff suffered a leg laceration, scarring, and permanent loss of sensation. The award was reduced 8 percent for comparative fault attributed to the cyclist — a real-world illustration of how comparative negligence affects outcomes.

What These Cases Reveal

• Government entities face significant liability for defective roadway conditions, but claims require strict procedural compliance (six-month tort claim deadline)
• Severity of permanent injury is the dominant predictor of case value — verdicts above $5 million almost universally involve permanent paralysis, severe TBI, or wrongful death
• Corporate defendants — trucking, rideshare, delivery companies — carry large commercial policies and face reputational risk, making them more likely to offer higher pre-trial settlements
• Even moderate cases ($100,000–$500,000) require experienced representation to achieve full value — insurance companies routinely undervalue these claims when no attorney is involved

Critical Steps to Protect Your Bicycle Accident Claim in California

1. Seek Medical Attention Immediately

Even if your injuries seem minor, seek evaluation without delay. TBI and internal injuries often produce no obvious immediate symptoms. A gap in medical treatment creates an opening for insurance companies to argue your injuries were not caused by the accident or are not as serious as claimed.

2. Call 911 and Report the Accident

California law requires you to report any accident causing injury, death, or property damage exceeding $1,000. An official police report creates foundational evidence. Even if the other driver discourages you from calling — call anyway.

3. Document Everything at the Scene

If physically able: photograph your bicycle, the vehicle, road conditions, skid marks, traffic controls, and any defective pavement. Collect the at-fault driver’s insurance information and license. Get contact information from witnesses. If a defective roadway contributed to your crash, photograph the exact defect in detail from multiple angles.

4. Do Not Give Recorded Statements to Insurance Companies

The at-fault driver’s insurer will contact you quickly and request a recorded statement. You have no legal obligation to provide one before consulting an attorney. Adjusters are trained to ask questions designed to elicit admissions that minimize your claim. Decline and direct them to your attorney.

5. Do Not Accept Any Settlement Before Reaching Maximum Medical Improvement (MMI)

Insurance companies make early low offers to resolve claims before the full extent of injuries is known. Accepting a settlement releases all future claims — even if your injuries prove more serious. Never settle without first reaching MMI and consulting an attorney who can assess the full value of your claim.

6. Be Aware of Government Claim Deadlines

If a government entity’s roadway defect contributed to your accident, you must file an administrative claim with the appropriate agency within six months of the accident date under California Government Code § 911.2. This deadline is strict and unforgiving. Missing it permanently bars your claim against the government entity, regardless of how strong the liability evidence is.

What Not to Do After a Bicycle Accident in California

Avoid these critical mistakes that can reduce or eliminate your compensation:

• Do not give a recorded statement to the at-fault driver’s insurance company without first speaking to an attorney. Adjusters are trained to use your words against you.
• Do not accept the first settlement offer. Early offers are almost always inadequate because the full extent of your injuries may not yet be known.
• Do not post about the accident on social media. Defense investigators routinely monitor claimants’ social media accounts for evidence to minimize your claim.
• Do not delay medical treatment. Gaps in care give insurers grounds to argue your injuries are not serious or were caused by something other than the accident.
• Do not repair or dispose of your bicycle. The physical damage to your bike is evidence of the severity of the impact. Preserve it until your attorney has documented it.
• Do not miss the government tort claim deadline (six months) if a city or county roadway defect was involved.
• Do not assume your injuries are fully known. TBI symptoms, spinal cord complications, and other serious conditions can take weeks or months to fully manifest. Never settle before maximum medical improvement.

Los Angeles and Southern California: Unique Considerations

Los Angeles is simultaneously one of the most active cycling cities in the country and one of the most dangerous. In 2022, Los Angeles County recorded 2,072 total bicyclist injuries and deaths. The most common crash scenarios in Los Angeles — left-turn failures at intersections, dooring incidents in dense neighborhoods like Silver Lake, Echo Park, and DTLA, right-hook collisions, and distracted driver strikes — are well-documented and, when evidence is preserved properly, often produce strong liability cases. See our related resource on bicycle accident scenarios and causes in Los Angeles.

From a litigation standpoint, Los Angeles County juries are among the most plaintiff-favorable in California. The county’s large population of cyclists and pedestrians, its high cost of living, and the significant economic damages that result from serious injuries in an expensive urban market all combine to make the credible threat of trial in Los Angeles a powerful settlement lever.

For cases involving government roadway defects — potholes, missing bike lane markings, absent cycling infrastructure — the City of Los Angeles, Los Angeles County, and Caltrans can all be potential defendants. Our firm has handled numerous claims against the City of Los Angeles and other public entities on behalf of injured cyclists and is well-versed in navigating the California Tort Claims Act requirements.

E-Bikes, Rideshare Vehicles, and Emerging Liability Issues

Electric Bicycle (E-Bike) Accidents

E-bike injuries have surged dramatically in California. E-bikes can reach 20 to 28 mph with minimal physical exertion, and their heavier weight and higher speeds produce significantly more severe crash injuries. California categorizes e-bikes into three classes based on speed and motor engagement, with applicable traffic laws varying by classification. E-bike accident claims present evolving issues of comparative fault, product liability against the manufacturer (if the e-bike malfunctioned), and driver liability. As case law develops, settlement values in serious e-bike accident cases are tracking upward.

Rideshare Vehicle Accidents Involving Cyclists

Uber and Lyft drivers are frequently involved in bicycle accidents in dense urban environments. When a rideshare driver strikes a cyclist while transporting a passenger, Uber and Lyft’s commercial insurance policies — with limits of $1 million per occurrence — apply. Cases against rideshare companies present powerful liability arguments and access to substantial insurance coverage. San Francisco has seen multiple rideshare-related bicycle accident cases produce seven-figure outcomes.

Frequently Asked Questions: Bicycle Accident Settlements in California

Contact Steven M. Sweat, Personal Injury Lawyers, APC — Free Consultation

Disclaimer: The settlement amounts, verdicts, and case examples discussed in this article are drawn from publicly reported California cases and authoritative industry data sources. They are provided for informational purposes only and do not constitute a guarantee, warranty, or prediction regarding the outcome of any specific legal matter. Every case is unique and must be evaluated on its own facts. Nothing in this article constitutes legal advice or establishes an attorney-client relationship.

California sees thousands of bicycle accidents each year, and cyclists often face serious injuries ranging from road rash and broken bones to traumatic brain injuries. Unlike drivers protected by steel frames and airbags, cyclists absorb the full force of impact. That vulnerability makes proper post-accident steps even more important. Taking the right actions protects your legal rights while ensuring you get the medical attention you need.

At Steven M. Sweat, Personal Injury Lawyers, APC, we’ve spent over 25 years representing injured cyclists throughout California. We’ve seen how insurance companies minimize claims when victims don’t properly document their accidents, and we’ve helped clients recover substantial compensation when they follow the right procedures from the start. Our team understands California bicycle accident law and the specific challenges cyclists face when pursuing injury claims.

This guide walks you through each step you should take after a bicycle accident in California, from the immediate aftermath at the scene to filing an insurance claim and protecting your right to compensation. Whether you’re dealing with minor scrapes or a life-changing injury, these steps will help you navigate what comes next.

What to do first after a bicycle accident in California

The moments immediately following a bicycle collision determine both your physical safety and the strength of any future legal claim. Your first priority is stopping at the scene, no matter how minor the collision seems. Under California Vehicle Code Section 20001, leaving the scene of an accident that causes injury or death is a criminal offense, even if you weren’t at fault. This applies to cyclists just as it does to drivers.

Your first 60 seconds after impact

Stop pedaling and bring yourself to a complete halt as soon as you can safely do so. Your body may be flooded with adrenaline, which can mask serious injuries and create a false sense that you’re fine. Check your surroundings before you move, especially if you’re still in an active traffic lane. Broken bones or internal injuries might not be immediately obvious, but moving hastily could worsen your condition.

If you can stand and move without severe pain, get yourself out of the roadway if you’re in danger from oncoming traffic. If you cannot move without significant pain, stay where you are and signal to others for help. Your immediate safety takes precedence over everything else in these first seconds.

Stay at the scene as required by law

California law requires you to remain at the accident location until you’ve exchanged information with the other parties involved. This applies whether a car hit you, you collided with a pedestrian, or you struck a parked vehicle. Leaving the scene before fulfilling this legal obligation can result in criminal charges against you, regardless of who caused the collision.

California’s hit-and-run laws apply to cyclists, meaning you can face misdemeanor or felony charges if you leave before exchanging information or rendering aid.

You must provide your name, address, and contact information to the other party. If you damaged someone’s property (like a parked car or a fence), you need to leave a written note with your information if the owner isn’t present. These requirements exist to protect everyone involved and ensure accountability after an accident.

Assess immediate dangers around you

Once you’ve stopped and determined you can stay conscious and alert, quickly scan the area for continuing hazards. Are vehicles still approaching? Is your bicycle creating an obstruction that could cause a second collision? Can other drivers see you, especially if the accident happened at dusk or in poor weather? Traffic flow around an accident scene can be unpredictable, and drivers may not immediately notice a cyclist on the ground.

If you have the ability, move your bicycle to the shoulder or sidewalk to prevent additional crashes. Do not move the bike far from the collision point, as its position serves as evidence. Just shift it enough to clear the active roadway if doing so prevents further danger.

Turn on any lights or reflectors you have with you to increase your visibility. If you carry a phone, turn on its flashlight. Signal to approaching traffic with your hands if necessary. Your goal in these first moments is preventing what to do after a bicycle accident from becoming what to do after a second, worse accident.

Step 1. Get to safety and call 911

Once you’ve stopped at the scene and identified immediate hazards, your next action is calling for emergency help. California law requires you to report any accident that causes injury, death, or property damage exceeding $1,000, and calling 911 ensures that both medical responders and law enforcement arrive at the scene. This call creates an official record of the incident, which becomes vital evidence for your insurance claim and any potential legal action. Even if your injuries seem minor or the other party suggests handling things privately, making that 911 call protects your rights and ensures proper documentation.

When to dial 911 immediately

You should contact emergency services without delay if anyone at the scene shows signs of serious injury. Call 911 if you or anyone else experiences severe pain, bleeding that won’t stop, difficulty breathing, loss of consciousness, confusion, or an inability to move body parts. Head injuries require immediate medical evaluation, even if the person seems alert, because traumatic brain injuries can worsen rapidly.

Adrenaline can mask serious injuries for hours after a bicycle accident, making immediate medical assessment critical even when you feel fine.

California Vehicle Code Section 20008 requires drivers to immediately report accidents resulting in injury or death. As a cyclist, you benefit from this requirement because it brings police documentation to the scene. Don’t let the other driver talk you out of calling. Insurance companies give far more weight to official police reports than to after-the-fact claims filed days later.

What to tell the emergency dispatcher

When you reach the 911 operator, provide clear, specific information to ensure appropriate response. State that a bicycle accident occurred, give your exact location (use cross streets or landmarks if you don’t know the address), and describe any visible injuries. The dispatcher needs to know how many people require medical attention and whether anyone is unconscious or trapped.

Use this information checklist when speaking with 911:

• Your precise location (intersection, street address, or nearby landmarks)
• Number of people involved (cyclist, driver, passengers, pedestrians)
• Visible injuries and their severity
• Whether anyone lost consciousness
• Traffic hazards (blocked lanes, fluid leaks, other dangers)
• Your contact number in case the call disconnects

Stay on the line until the dispatcher tells you to hang up. Operators often provide first aid instructions while responders travel to your location. This guidance can prevent injuries from worsening while you wait for professional help to arrive at the scene.

Step 2. Check for injuries and get medical care

Your body’s response to trauma can deceive you about the true extent of your injuries. Adrenaline floods your system after a collision, creating a temporary analgesic effect that masks serious damage to your body. What feels like minor soreness at the accident scene can reveal itself as a broken collarbone or internal bleeding hours later. This physiological response makes immediate medical evaluation one of the most critical steps in what to do after a bicycle accident, even when you believe you escaped without harm.

Perform a systematic injury check

Start with your head and work downward, checking each body region methodically. Touch your scalp for bumps, tenderness, or blood. Move your neck gently to identify pain or stiffness that could indicate whiplash or vertebral damage. Check your vision for blurriness and your thinking for confusion, both signs of concussion or traumatic brain injury.

Continue your assessment using this body-region checklist:

• Head and neck: Scalp wounds, facial injuries, neck pain, dizziness
• Shoulders and arms: Limited range of motion, swelling, visible deformity
• Torso: Difficulty breathing, rib tenderness, abdominal pain
• Hips and pelvis: Sharp pain when moving or standing
• Legs and feet: Inability to bear weight, ankle swelling, knee instability

If another person was injured in the collision, help them perform the same check while you wait for paramedics. Do not move anyone who reports neck or back pain, as movement could worsen spinal injuries.

Accept ambulance transport and document everything

When paramedics arrive, accept their recommendation for hospital evaluation even if your injuries seem manageable. Insurance companies routinely deny claims when cyclists refuse immediate medical transport, arguing that the injuries must not have been serious. Your refusal becomes evidence against you in settlement negotiations.

Declining emergency medical transport creates a documentation gap that insurance adjusters exploit to minimize or deny your injury claim.

Tell the responding medics about every symptom you experience, including pain you consider minor. Mention if you lost consciousness, even briefly. Report any medications you take regularly, as they affect treatment decisions. Request copies of all medical records before you leave the hospital, because these documents become the foundation of your injury claim against the at-fault driver.

California law gives you two years to file a personal injury lawsuit after a bicycle accident, but medical documentation must begin immediately. Gaps in treatment give insurance companies ammunition to argue your injuries resulted from something other than the collision.

Step 3. Identify everyone involved and gather witnesses

Gathering accurate information from everyone present transforms a confusing accident scene into a documented incident with clear accountability. This step in what to do after a bicycle accident creates the foundation for your insurance claim and any legal action you pursue. While you wait for police to arrive, collect information from the driver who hit you, any passengers in their vehicle, and anyone who witnessed the collision. Insurance companies cannot dispute facts when multiple independent witnesses corroborate your version of events.

Get driver information and contact details

Approach the driver calmly and request their information, even if they appear hostile or attempt to leave. You need their full legal name as it appears on their license, not just what they tell you. Write down their phone number, address, and email. Record their driver’s license number and the state that issued it, along with the license plate number from their vehicle.

Collect these specific details from every driver involved:

• Full name and date of birth
• Driver’s license number and issuing state
• Current phone number and email address
• Home address
• License plate and vehicle identification number (VIN)
• Insurance company name and policy number
• Make, model, year, and color of vehicle

Ask to photograph their driver’s license and insurance card with your phone rather than copying numbers by hand. Photos eliminate transcription errors that can derail your claim when you cannot locate the at-fault driver later. If the driver refuses to provide insurance information, note their refusal and tell the responding officer.

Find and record witness statements

Scan the area immediately for people who stopped to watch or who might have seen the collision occur. Witnesses leave quickly, so identify them before police arrive and the crowd disperses. Approach pedestrians, nearby business employees, and other cyclists who may have observed the crash. Ask each person directly: “Did you see what happened?”

Witness statements collected at the scene carry far more credibility than those obtained days later when memories fade and details become uncertain.

Record each witness’s full name and phone number. Ask them to describe what they saw in their own words while you write it down or record it on your phone. Get their permission before recording. Note their position when the accident occurred, because location affects what they could actually observe. If a witness agrees, ask them to wait and speak with police officers when they arrive at the scene.

Step 4. Document the scene, vehicles, and your bike

Visual evidence collected at the accident scene prevents insurance companies from disputing the facts of your collision. This step in what to do after a bicycle accident transforms eyewitness accounts into irrefutable proof of how the crash occurred and who bears responsibility. Your smartphone camera becomes your most valuable tool at this moment, capturing details that human memory cannot preserve accurately. Take photos before vehicles move, before debris gets swept away, and before weather conditions change the scene.

Photograph the complete accident scene

Start by capturing wide shots that show the entire intersection or roadway where the collision happened. Stand in multiple positions to photograph the scene from different angles. Include traffic signals, street signs, crosswalks, and lane markings in your photos. These images establish the traffic control devices present and demonstrate whether the driver had a clear line of sight to see you before impact.

Document these critical scene elements with your camera:

• All four directions of the intersection or road segment
• Traffic signals and their current status
• Stop signs, yield signs, and bike lane markings
• Skid marks, debris, and fluid leaks on the pavement
• Weather and lighting conditions
• Road surface defects like potholes or gravel
• Your bicycle’s final position relative to the vehicle

Move closer to capture detailed shots of specific hazards or features that contributed to the crash. If a pothole caused you to swerve, photograph it with a dollar bill or shoe next to it for size reference. Take photos of any obstructions that blocked the driver’s view, such as parked vehicles or overgrown vegetation.

Document all vehicle and bicycle damage

Photograph every vehicle involved from all four sides. Capture close-up images of dents, scratches, broken glass, and paint transfer that resulted from the collision. These damage patterns reveal the point of impact and the force involved. Take shots of the vehicle’s license plate in each photo to prevent disputes about which vehicle struck you.

Damage locations on both your bicycle and the vehicle create a mechanical fingerprint of exactly how the collision occurred, making it nearly impossible for insurance companies to deny liability.

Turn your camera to your bicycle and photograph all damage from multiple angles. Document bent wheels, broken spokes, frame cracks, torn saddles, and damaged handlebars. Include shots of your helmet if it shows impact marks, and photograph torn or bloodied clothing while you still wear it. These images prove the severity of impact your body absorbed during the crash.

Step 5. Report the crash and get the police report

Filing an official report creates a government-verified record of your bicycle accident that insurance companies cannot ignore. California law requires you to report any collision causing injury, death, or property damage exceeding $1,000 to the California Highway Patrol or local police within 24 hours. This legal requirement exists whether police responded to the scene or not, making it a crucial component of what to do after a bicycle accident. Your compliance protects your right to file an insurance claim and establishes an official timeline of events that adjusters cannot dispute.

File a traffic collision report within 24 hours

California Vehicle Code Section 16000 mandates that you submit a Traffic Collision Report (form SR-1) to the Department of Motor Vehicles within 10 days of any accident involving injury or significant damage. If police came to your accident scene, they typically file this report for you. However, if no officer responded or if you’re unsure whether they filed, you must complete and submit the form yourself to avoid license suspension.

Download the SR-1 form directly from the California DMV website and complete these required sections:

• Your personal information (name, address, driver license number)
• Date, time, and exact location of the collision
• Description of how the accident occurred
• Driver information for all vehicles involved
• Insurance company names and policy numbers
• Injury details for all parties
• Property damage estimates

Failing to file the required collision report within 10 days triggers an automatic driver’s license suspension by the California DMV, regardless of fault.

Mail your completed SR-1 to the address printed on the form or submit it at any DMV field office. Keep a copy for your records and note the date you submitted it. This documentation proves you met your legal obligation and protects you from license penalties.

Obtain your copy of the police report

Police reports typically become available seven to ten business days after the accident. Contact the law enforcement agency that responded to request your copy. You need the report number, accident date, and location to retrieve it. Most California police departments charge between $10 and $25 for collision report copies.

Request your report through the department’s records division by phone, in person, or through their online portal if available. The report contains the officer’s diagram of the accident, statements from all parties, witness accounts, and the officer’s determination of fault. This document becomes your primary evidence when negotiating with insurance companies or filing a lawsuit.

Step 6. Handle hit-and-run and uninsured drivers

Discovering that the driver who hit you fled the scene or carries no insurance transforms your injury claim into a more complex process. California sees thousands of hit-and-run accidents each year, and approximately 15% of California drivers operate vehicles without required insurance coverage. These situations require different tactics in what to do after a bicycle accident, but you still have legal options for recovering compensation. Your own insurance policy becomes your primary resource, and the evidence you collected at the scene becomes even more valuable for tracking down phantom drivers.

Document everything when drivers flee

When a driver leaves before police arrive, immediately write down every detail you can remember. Record the vehicle’s make, model, color, and license plate number, even if you only caught partial digits. Note any distinguishing features like bumper stickers, damage, or company logos. Write down the direction the vehicle traveled and the time of day, because security cameras in nearby businesses might have captured footage.

Contact the police immediately and report the hit-and-run. California Vehicle Code Section 20001 makes leaving an injury accident scene a criminal offense, which means law enforcement actively investigates these cases. Provide officers with all the information you collected. Ask nearby businesses, homeowners, and other witnesses if their security cameras recorded the collision. Footage often captures license plates that eyewitnesses missed.

Filing a hit-and-run police report triggers a criminal investigation that can help identify the driver, making evidence collection at the scene absolutely critical.

Request that police check for traffic cameras or automated license plate readers in the area. Many California cities maintain camera networks that record traffic flow at major intersections. This footage can identify vehicles that passed through the area during the timeframe of your accident.

File a claim with your uninsured motorist coverage

Check your automobile insurance policy for uninsured motorist coverage (UM) and underinsured motorist coverage (UIM). These coverages protect you when the at-fault driver has no insurance or insufficient coverage limits. Even though you were riding a bicycle, your car insurance policy typically extends UM/UIM protection to you as a cyclist.

Contact your insurance company within 24 hours to report the accident and start your uninsured motorist claim. Provide them with the police report number, all evidence you collected, and your medical records. Your insurer investigates hit-and-run claims to verify that an unidentified driver caused your injuries before paying benefits under your policy.

Step 7. Protect your insurance and injury claim

Insurance adjusters start working against your interests within hours of receiving your accident report. Their goal is paying you the minimum amount possible or denying your claim entirely, and they use sophisticated tactics to achieve this. Understanding what to do after a bicycle accident includes recognizing these strategies and protecting yourself from statements or actions that destroy your claim’s value. Your cooperation with your own insurance company is necessary, but the other driver’s insurer is not your friend, regardless of how sympathetic they sound on the phone.

Decline recorded statements from opposing insurers

The other driver’s insurance company will contact you quickly, often within 24 to 48 hours of the accident. An adjuster will call expressing concern for your wellbeing and requesting a recorded statement about how the collision occurred. Politely refuse this request. Recorded statements give adjusters ammunition to twist your words and use them against you later in the claims process.

Tell the adjuster exactly this: “I’m recovering from my injuries and not ready to give a statement. Please direct all communication through my attorney.” Keep your response brief and repeat it each time they call. You have no legal obligation to provide a statement to the at-fault driver’s insurance company, despite what their adjuster implies.

Insurance companies use recorded statements to lock you into a version of events before you fully understand your injuries, then use inconsistencies to deny your claim months later.

Your own insurance company has a different relationship with you because of your policy contract. You must cooperate with your insurer’s reasonable requests, including providing a statement about the accident. However, you can still protect yourself by reviewing your policy, sticking to facts, and avoiding speculation about fault or injury severity.

Refuse to sign blanket medical authorizations

The opposing insurance company will send you forms requesting authorization to access your complete medical history, often dating back five or ten years. Do not sign these documents. These authorizations let adjusters search for any pre-existing condition they can blame for your current injuries, turning a legitimate claim into a dispute about whether the accident actually caused your pain.

Provide medical records only through your attorney, who will release relevant treatment records that directly relate to your bicycle accident injuries. This protects your privacy while giving the insurance company the information they legitimately need to evaluate your claim.

Step 8. Track treatment, symptoms, and expenses

Creating a detailed record of your injuries, medical treatment, and financial losses strengthens your compensation claim significantly. Insurance companies scrutinize claims months after accidents occur, searching for gaps or inconsistencies that let them reduce settlement offers. Your documentation system becomes the evidence that proves every dollar of damages you suffered because of the collision. This step in what to do after a bicycle accident requires daily attention, but the effort pays off when you negotiate with adjusters or present your case to a jury.

Create a daily injury and symptom log

Start a written journal the day of your accident and update it every single day throughout your recovery. Record specific symptoms you experience, their intensity on a scale of one to ten, and how they affect your daily activities. Note when pain worsens, when new symptoms appear, and when you cannot complete normal tasks like sleeping through the night or lifting groceries.

Document these details in your daily entries:

• Pain location, type (sharp, dull, throbbing), and intensity rating
• Medications taken and their effectiveness
• Sleep quality and hours slept
• Activities you cannot perform (work, exercise, household tasks)
• Emotional effects (anxiety, depression, fear of cycling)
• Doctor appointments and treatment received

Detailed symptom journals transform vague injury claims into concrete proof of suffering that insurance adjusters cannot easily dismiss or minimize.

Your entries establish a timeline of recovery that connects your injuries directly to the accident. Gaps in documentation suggest your injuries were not serious or that something other than the bicycle crash caused your pain.

Organize all medical bills and receipts

Purchase a large folder or binder dedicated exclusively to accident-related expenses. Place every medical bill, prescription receipt, and parking stub from hospital visits in this folder immediately after you receive them. Include bills from emergency room treatment, follow-up appointments, physical therapy, diagnostic imaging, medical equipment, and prescription medications.

Track your out-of-pocket costs using a simple spreadsheet with these columns: date of service, provider name, type of treatment, amount billed to insurance, amount you paid, and mileage driven to appointments. California allows you to claim 67 cents per mile for medical travel in 2026. Save receipts for over-the-counter medications, heating pads, ice packs, and mobility aids like crutches or braces that insurance does not cover.

Step 9. Know California fault rules and deadlines

Understanding California’s legal framework protects you from missing critical deadlines that would destroy your right to compensation. The state’s fault system and statute of limitations rules directly affect how much money you can recover and when you must take action. This knowledge becomes essential in what to do after a bicycle accident, because insurance companies and defense attorneys exploit cyclists who miss deadlines or misunderstand how California assigns fault in injury cases. Your awareness of these rules prevents you from accepting unfair settlement offers based on incorrect liability calculations.

Understand California’s comparative fault system

California follows a pure comparative negligence rule, meaning you can recover damages even if you share blame for the accident. Courts or insurance adjusters assign each party a percentage of fault, then reduce your compensation by your fault percentage. If you’re found 30% at fault for not using a bike light at night, you still recover 70% of your total damages from the driver who hit you.

This system differs dramatically from states using modified comparative negligence, where your fault percentage above 50% or 51% bars recovery entirely. California’s pure system means you should pursue compensation regardless of whether you contributed to the crash. A driver running a red light bears primary responsibility even if you were riding without a helmet, because helmet laws don’t prevent collisions.

California’s pure comparative negligence rule allows you to recover compensation even when you share partial fault, making every bicycle accident claim worth pursuing regardless of circumstances.

Meet critical legal deadlines

You have two years from the accident date to file a personal injury lawsuit under California Code of Civil Procedure Section 335.1. This statute of limitations deadline is absolute. Missing it by even one day destroys your right to sue for compensation, regardless of injury severity or the driver’s obvious fault.

Mark these specific deadlines on your calendar:

• 10 days: File SR-1 Traffic Collision Report with DMV
• 6 months: File claim against government entities (if applicable)
• 2 years: File personal injury lawsuit in civil court
• 3 years: File property damage claim for bicycle repairs

Government entity claims require special procedures under the California Tort Claims Act. If a city bus hit you or a poorly maintained road caused your crash, you must file an administrative claim within six months before filing any lawsuit. These shortened deadlines catch many cyclists off guard and require immediate action.

Step 10. Talk to a California bicycle accident lawyer

Consulting with an experienced personal injury attorney gives you professional guidance through the complex claims process and protects you from insurance company tactics designed to minimize your compensation. Most cyclists underestimate the value of their claims because they don’t account for future medical costs, lost earning capacity, or non-economic damages like pain and suffering. A California bicycle accident lawyer evaluates your case objectively and determines whether the settlement offers you receive represent fair compensation or lowball attempts to close your file cheaply.

When to contact a personal injury attorney

Contact a lawyer immediately if you suffered serious injuries requiring hospitalization, surgery, or extended recovery time. Cases involving traumatic brain injuries, spinal cord damage, broken bones, or permanent scarring require legal representation because insurance companies aggressively fight these high-value claims. You should also seek legal help when the driver’s insurance company denies liability, when multiple parties share fault, or when a government entity played a role in causing your accident.

Reach out to an attorney if your injuries prevent you from working or if your medical bills exceed $10,000. Insurance adjusters pressure injured cyclists into quick settlements before they understand the full extent of their damages. Free consultations let you understand what your case is worth before accepting any offers. Steven M. Sweat, Personal Injury Lawyers, APC offers 24/7 consultations with no obligation, and we work on contingency, meaning you pay nothing unless we recover money for your case.

Hiring an attorney early in what to do after a bicycle accident prevents you from making statements or signing documents that could destroy your claim’s value.

What to bring to your consultation

Gather all accident documentation before your initial meeting to help your attorney evaluate your case quickly. Bring copies rather than originals so you maintain your own complete file. The more organized information you provide, the faster your lawyer can identify liability issues and calculate damages accurately.

Prepare this documentation for your consultation appointment:

• Police report and collision diagram
• All photographs from the accident scene
• Contact information for witnesses
• Medical records, bills, and treatment plans
• Proof of lost wages or income statements
• Insurance correspondence and policy documents
• Your daily symptom journal
• Repair estimates for your bicycle

Your attorney uses these materials to determine liability, calculate damages, and develop a legal strategy tailored to your specific accident circumstances.

Next steps

Following these steps in what to do after a bicycle accident protects your health, your rights, and your financial recovery. Each action you take immediately after the collision strengthens your ability to hold the at-fault driver accountable and secure fair compensation for your injuries. Documentation creates evidence that insurance companies cannot dispute, medical treatment establishes the severity of your harm, and legal guidance prevents you from making mistakes that destroy your claim’s value.

Your recovery deserves full compensation for medical expenses, lost wages, pain and suffering, and future damages that will affect you for years to come. Insurance companies count on injured cyclists accepting quick settlements before understanding the true cost of their injuries. Don’t let adjusters pressure you into settling for less than you deserve.

Steven M. Sweat, Personal Injury Lawyers, APC has spent over 25 years fighting for injured cyclists throughout California. We offer free consultations 24/7, work on contingency (no fees unless we win), and come to you if your injuries prevent travel. Contact our Los Angeles bicycle accident attorneys today to discuss your case and protect your right to full compensation.

Bicycling is an increasingly popular mode of transportation and recreation, offering numerous health and environmental benefits. However, it also comes with its own set of risks, particularly when sharing the road with motor vehicles. Understanding common bicycle accident scenarios and how to avoid them is crucial for ensuring safety. Here, we outline the top five bicycle accident scenarios and provide practical tips on how to prevent them.

1. The Right Hook

Scenario: A “right hook” occurs when a vehicle passes a cyclist on the left and then makes a right turn, cutting off the cyclist’s path. This can happen at intersections or driveways and often results in the cyclist crashing into the turning vehicle or being forced off the road.

How to Avoid It:

• Be Visible: Wear bright clothing and use lights, even during the day, to make yourself more visible to drivers.
• Take the Lane: In some situations, it may be safer to ride in the center of the lane rather than to the far right. This can prevent cars from trying to squeeze by you before turning.
• Watch for Turn Signals: Always keep an eye on the turn signals of the vehicles around you. If a car is indicating a right turn, be prepared to slow down or stop.
• Avoid the Blind Spot: Do not ride in the blind spot of a vehicle. If you can’t see the driver’s eyes in their mirrors, they likely can’t see you either.

2. The Door Prize

Scenario: This scenario involves a cyclist crashing into an open car door. It typically happens when a parked car occupant opens the door without checking for approaching cyclists, leading to a sudden and often severe collision.

How to Avoid It:

• Ride at a Safe Distance: Maintain a distance of at least three feet from parked cars to avoid being in the “door zone.”
• Be Alert: Look for signs that someone might be about to open a door, such as a car that has just parked or brake lights turning off.
• Educate Drivers: Advocacy for public awareness campaigns can help educate drivers about the importance of checking for cyclists before opening their doors.

3. The Left Cross

Scenario: A “left cross” occurs when an oncoming vehicle makes a left turn in front of a cyclist who is going straight. The driver either does not see the cyclist or misjudges their speed, resulting in a collision.

How to Avoid It:

• Increase Visibility: Use front lights, even during the day, and wear bright clothing to increase your visibility to oncoming traffic.
• Ride Defensively: Be prepared to brake or swerve if a car appears to be turning left in front of you.
• Eye Contact: Whenever possible, make eye contact with drivers to ensure they see you before they make their turn.
• Use Hand Signals: Signal your intentions clearly when approaching intersections to let drivers know you are continuing straight.

4. The Overtaking Collision

Scenario: This type of accident happens when a vehicle overtakes a cyclist too closely, sometimes clipping them or forcing them off the road. It is particularly dangerous on narrow roads with little shoulder space.

How to Avoid It:

• Claim Your Space: On narrow roads, it may be safer to ride further into the lane to encourage drivers to pass you with a wider berth.
• Use Rear Lights: Rear lights, especially flashing ones, can make you more visible to drivers approaching from behind.
• Mirror Use: Consider using a rear-view mirror to keep an eye on traffic behind you, giving you more time to react if a vehicle is approaching too closely.
• Avoid High-Risk Areas: If possible, choose routes with wider shoulders or designated bike lanes.

5. Intersection Collisions

Scenario: Intersections are hotspots for accidents due to the complexity of traffic movements. Cyclists can be hit by vehicles running red lights, making unexpected turns, or not yielding the right of way.

How to Avoid It:

• Follow the Rules: Obey all traffic signals and signs. Do not assume drivers will stop at red lights or stop signs.
• Be Predictable: Always signal your turns and intentions clearly. Avoid sudden movements that drivers might not anticipate.
• Look Twice: Before crossing an intersection, look left, right, and left again. Be especially cautious of vehicles that may be running red lights.
• Stay Out of Blind Spots: Avoid stopping directly alongside a vehicle where the driver might not see you, especially large trucks and buses.

Conclusion

Bicycle accidents can have serious consequences, but many are preventable with the right precautions. By being visible, predictable, and aware of common accident scenarios, cyclists can significantly reduce their risk of accidents. It’s also crucial for drivers to be educated about sharing the road safely with cyclists.

For cyclists in Los Angeles seeking legal assistance after an accident, a bicycle accident lawyer in Los Angeles can provide valuable support and guidance. Remember, safety on the road is a shared responsibility, and by working together, we can create a safer environment for everyone.

Additional Tips for Cyclists

1. Regular Maintenance: Ensure your bicycle is in good working condition. Regularly check brakes, tires, and lights.
2. Wear a Helmet: Always wear a helmet to protect yourself in case of an accident.
3. Stay Informed: Keep up with local cycling laws and regulations.
4. Ride with Others: When possible, ride with other cyclists. There’s safety in numbers, and groups are more visible to drivers.
5. Emergency Preparedness: Carry a basic first aid kit and know how to use it. Learn basic bike repair skills to handle breakdowns on the road.

By incorporating these safety measures into your cycling routine, you can enjoy the many benefits of bicycling while minimizing the risks. Happy cycling!

Electric bicycles have become increasingly popular among people of all ages as a convenient way to get around Los Angeles. They are especially popular among pre-teens and young teenagers who aren’t yet old enough to drive because they don’t require driver’s licenses. However, e-bikes can also be dangerous. Many of these bicycles are sold as direct-to-consumer kits, and some of the companies that manufacture e-bicycles cut corners on designs and components to maximize their profits. While this might also make e-bikes more affordable to end users, cost-cutting on components and design elements can also make these bicycles even more dangerous to riders as illustrated by a currently pending lawsuit filed by the parents of a young girl who died in an e-bicycle accident.

Tragic Outcome From Young Girls’ E-Bicycle Accident

On Jan. 31, 2021, Molly Steinsapsir, age 12, and her friend and neighbor, Eme Green, age 11, were watching television together after Green spent the night at Steinsapsir’s home. The two girls were close friends who only lived a few houses apart from each other and were excited to be able to spend some time together after the lockdowns of the pandemic.

That morning, Eme’s mom texted Molly’s mother and told her that if the girls wanted to come to Eme’s house, they could try out Eme’s sister’s new e-bicycle. Her sister had received the e-bike as a bat mitzvah gift. The girls agreed and went to Eme’s home later in the morning to try out the bicycle.

Eme and Molly took the e-bike for a ride on Enchanted Way, which twisted and turned up a cliff above their neighborhood. At the top, people can see the entire area and take in views of the scenery. Eme was piloting the bicycle with Molly sitting on the companion seat behind her. On their descent, Eme lost control of the bike at the steepest point of the road, causing both girls to be thrown from the bicycle. Molly struck her head on the rocks during the crash, which caused her to lose consciousness immediately despite her helmet.

Upon receiving a phone call from Eme’s mother, Molly’s parents, John and Kaye Steinsapsir, rushed to the scene. They found multiple emergency response vehicles and paramedics tending to their daughter, but she remained unconscious. She was rushed to UCLA Medical Center. Doctors there discovered she had a small bleed between her skull and brain and prepared her for immediate surgery to stop the bleeding and relieve the pressure.

Initially, doctors were optimistic about Molly’s recovery and told Molly’s parents she would likely wake up after a week or two and then deal with persistent headaches and light sensitivity. However, five days later, the swelling in Molly’s brain significantly worsened. Despite an additional emergency surgery, Molly passed away.

Kaye and John Steinsapsir arranged for Molly’s organs to be donated. On Aug. 1, 2022, the couple filed a lawsuit against Rad Power Bikes, the manufacturer of the e-bicycle on which Molly and Eme had ridden.

Litigation Against Rad Power Bikes

John and Kaye Steinsapsir filed a lawsuit against Rad Power Bikes, alleging multiple causes of action. The causes of action included breach of warranty, strict product liability, design defects, manufacturing defects, marketing defects, and wrongful death. Separately, the couple filed a lawsuit against Eme’s parents, with whom they settled for $1.5 million.

In the suit against Eme’s parents, Rad Power Bikes filed a cross-complaint and argued any settlement payment awarded to the Steinsapsirs in that case should reduce the company’s liability in its case. However, the judge in the case against Eme’s parents dismissed the cross-complaint filed by Rad Power Bikes and approved the settlement.

Causes of Action in the Complaint

The Steinsapsirs argued that Rad Power Bikes was liable for multiple reasons. They argued that Molly’s death was preventable. According to the complaint, Rad Power Bikes implicitly marketed their e-bicycles to young riders who are not equipped to handle them. While Rad Power Bikes included a statement that people younger than 18 should not ride the bike that Molly was on when she died (the Radwaggon 2), the statement was included in small print on page 49 of a 57-page manual. Since the time the complaint was filed, the company changed its warning and now includes it prominently at the beginning of the manual instead of burying it in the lengthy document.

The Steinsapsirs pointed out that many of the riders of e-bikes are young teens and pre-teens who are not old enough to drive. They use e-bikes to get to school and visit their friends, and the fact that young riders are often the end users of the products is well-known in the industry. They argued that Rad Power Bikes and other direct-to-consumer e-bike manufacturers tacitly market the bicycles for use by minors by targeting their parents and advertising the bikes in a way that is particularly enticing to young people.

In addition to marketing and warning defects, the Steinsapsirs alleged multiple design flaws in the e-bicycles manufactured by Rad Power Bikes. The complaint alleged that the trail of the bike was too low for its weight and size. The trail is the horizontal distance between the point at which the steering axis intersects with the ground and the area where the bike’s front wheel contacts the ground. A short trail on a heavy bicycle makes it unstable at higher speeds.

They also argued that the bicycle was marketed with sub-par specifications, including the brakes and the quick-release axles. Instead of using mechanical drum brakes, the bike had disc brakes. The complaint alleged that disc brakes are insufficient for a larger, heavier e-bicycle, and the combination of disc brakes with quick-release axles can cause a sudden loss of control. In other cases, the quick-release axles have led to the front tire falling off the bike, although that isn’t what appeared to have happened in Molly’s case.

According to Molly’s parents, Rad Power Bikes chose to include disc brakes and quick-release axles as a cost-cutting measure. The design elements of the e-bike are cheaper than including drum brakes and a larger trail. However, the Steinsapsirs argued that the cost of including the cheaper components is a much higher risk of accidents and serious injuries, up to and including death. The Steinsapsirs stated that Rad Power Bikes both knew about these issues and failed to warn consumers about them or to do anything to correct them.

Since Rad Power Bikes sells its e-bikes directly to consumers, prospective buyers do not purchase them in bicycle shops. This means they don’t have a salesperson to ask questions about the components and the bicycle’s safety for young riders.

Finally, the Steinsapsirs argued that the girls would not have attempted to navigate Enchanted Way on a regular bicycle without the motor assistance provided by the e-bike motor. This is because the road was particularly steep and would have been too hard for the girls to ride up on a regular bicycle.

Analysis

California law prohibits riders under age 16 from piloting Class 3 e-bikes that travel up to 28 miles per hour. However, there is no age restriction for Class 1 or 2 e-bikes. The bicycle on which Molly and Eme were riding was a Class 2 bicycle, meaning there wasn’t an age restriction that applied to them. Others have pointed out that Eme’s parents should not have allowed her to pilot the bicycle, and the Steinsapsirs should not have agreed to let Molly ride on it. However, the Steinsapsirs said that they had seen many young people riding on similar e-bikes and didn’t know how dangerous they were.

Many people who own e-bikes manufactured by Rad Power Bikes have complained about the disc brakes. Others have reported the disc brakes regularly fail and must be replaced frequently. Others have reported crashing when the quick-release axles caused the front tires to fall off, but the reports about brake failures and tires falling off and leading to bicycle crashes are largely anecdotal.

One issue could be the assembly. With direct-to-consumer e-bikes, the consumer assembles the bicycle by following the instructions instead of having them professionally assembled. This could lead to an introduction of errors that could result in accidents.

Industry experts argue that the real issue is a lack of regulations. They argue more needs to be done by legislators to address the potential dangers of e-bikes. While the European Union has rigorous quality and safety standards for e-bikes, the U.S. does not.

Most of the experts and attorneys who reviewed the Steinsapsirs’ complaint felt there were issues with the complaint itself. Whether the Steinsapsirs are ultimately successful in their lawsuit against Rad Power Bikes, some of the known issues involved with e-bikes should be addressed to prevent similar tragedies from occurring in the future.

Talk to an Experienced E-Bike Accident Attorney

If you or your loved one was seriously injured while using an e-bike as intended, you might have legal grounds to pursue a claim against the bicycle’s manufacturer and designer. Contact the law firm of Steven M. Sweat, Personal Injury Lawyers, APC today by calling us at 866-966-5240. We provide free case evaluations and can explain the legal options and remedies that might be available.

The Growing Concern: Electric Bicycles and Car Accidents in California

As the streets of Los Angeles and throughout California become increasingly congested, more and more residents are turning to alternative modes of transportation to navigate the bustling byways. Among the most popular alternatives is the electric bicycle, or e-bike. Offering both manual pedaling and electric assistance, e-bikes have emerged as a favorite for those looking for a sustainable and efficient way to traverse the Golden State. But with their rise in popularity comes an important concern: the potential for accidents involving e-bikes and motor vehicles.

The Appeal of E-Bikes

The attraction of e-bikes is undeniable. They provide:

• Speed: E-bikes can travel faster than traditional bicycles, making them a viable alternative for longer commutes.
• Ease: For those who might struggle with hills or longer distances, the electric assist provides a welcome boost.
• Sustainability: With zero emissions, e-bikes are an eco-friendly mode of transportation.
• Cost-Efficiency: E-bikes can be more affordable than owning and maintaining a car, especially with the rising costs of fuel.

The Rising Concern

Despite their many benefits, e-bikes are not without their risks. Their very advantages – speed and ease – can also be their downfall when it comes to safety on the road:

1. Speed Discrepancies: E-bikes can reach speeds that are much faster than traditional bicycles. This can catch motorists off guard, especially if they are not expecting a bicycle to be traveling at such a rapid pace.
2. Visibility Issues: E-bikes, like traditional bicycles, are smaller and less visible than cars. In congested areas or during low light conditions, this can make them harder for motorists to spot.
3. Infrastructure Limitations: While California has been proactive in building bike lanes in many cities, not all roads are equipped to safely accommodate e-bikes. Mixing e-bikes with vehicular traffic can be a dangerous combination.

Statistics Speak Volumes

Recent studies have highlighted a concerning trend. As the number of e-bikes on Californian roads has risen, so too has the number of accidents involving them. According to the California Office of Traffic Safety, e-bike-related accidents have seen a significant uptick over the past few years, with many resulting in serious injuries or fatalities.

Staying Safe on the Road

While the concerns are real, this isn’t to say we should shun e-bikes altogether. Rather, it underscores the importance of being informed and cautious. Both e-bike riders and motorists can take steps to ensure safety:

• Education: Understand the capabilities and limitations of e-bikes. Familiarize yourself with local traffic laws related to e-bike usage.
• Visibility: E-bike riders should invest in high-visibility clothing and ensure their bikes are equipped with lights and reflectors.
• Anticipation: Motorists should be aware that e-bikes can move at unexpected speeds and always check blind spots before turning or changing lanes.

Final Thoughts

E-bikes offer an exciting and sustainable means of transportation, especially in a state as forward-thinking as California. However, as with any mode of transit, safety should always be the top priority. Through awareness, education, and mutual respect on the road, we can ensure that the relationship between e-bikes and motor vehicles is harmonious and safe.

Need for Attorney if You Are Involved in an E-Bike Traffic Accident in Los Angeles or Anywhere in California

Because of all the issues discussed above, E-bike accidents can result in serious injuries. Moreover, there can be claims that the bike rider is at “comparatively at fault” based upon factors such as speed, direction and position of the bike and any other involved vehicle. Do NOT make any admissions of fault at the scene. DO seeks out prompt medical attention and the help of an attorney familiar with e-bike accident claims. Call our offices at 866-66-5240 24/7. We have helped many victims of electric bike collisions and would be happy to provide you with a free consultation about any legal causes of action you may have and the potential value of your claim. We offer free consultations and charge no attorney fees unless and until we collect money on your case.

Cycling in Los Angeles, a city known for its sprawling urban landscape, endless traffic, and sunny weather, can be both exhilarating and treacherous. Recently, there’s been a concerning surge in bike accidents. Understanding the reasons behind this rise and the preventive measures we can take is crucial for every cyclist and motorist in the city.

The Rising Trend

Over the past few years, Los Angeles has seen an increase in bike accidents. With more people using bicycles for commuting, exercise, and leisure, the risk of accidents has inherently grown. According to the Los Angeles Department of Transportation, cyclist injuries and fatalities constitute a significant percentage of all roadway accidents in the city. This upward trend calls for an urgent examination of its causes and effective solutions.

Causes of Bike Accidents in Los Angeles

1. Heavy Traffic: Los Angeles is notorious for its heavy traffic. The bustling roadways often lead to less room for cyclists, increasing the likelihood of accidents.
2. Distracted Driving: With the advent of smartphones and other in-car technologies, distracted driving has become a major problem. Drivers who don’t pay full attention to the road pose a significant risk to cyclists.
3. Lack of Proper Infrastructure: Many streets in Los Angeles lack dedicated bike lanes, forcing cyclists to share the road with larger, faster vehicles.
4. Impaired Driving: Alcohol or drug-impaired drivers are a significant cause of bike accidents. Their impaired judgment and slowed reaction times can lead to serious collisions with cyclists.
5. Inadequate Visibility: Many bike accidents occur because drivers fail to see cyclists, especially during the night or in poor weather conditions.

Preventive Measures

1. Infrastructure Improvements: The city needs to invest in creating more bike lanes, particularly protected ones, to ensure cyclist safety. This infrastructure change can significantly reduce the risk of collisions.
2. Public Awareness Campaigns: Both drivers and cyclists need to be educated about the importance of road safety. Public awareness campaigns can help instill safe driving habits and promote respect for cyclists on the road.
3. Strict Enforcement of Traffic Laws: Law enforcement agencies should adopt a no-tolerance policy towards traffic violations that endanger cyclists. This includes distracted driving, speeding, and failure to yield to cyclists.
4. Visibility Measures: Cyclists can increase their visibility by wearing reflective clothing and using lights on their bicycles. Drivers should be encouraged to use their headlights appropriately and be more vigilant, especially during low-light conditions.
5. Promoting Safe Cycling Practices: Cyclists should be encouraged to use helmets and other protective gear, follow traffic rules, use hand signals, and maintain their bicycles properly to prevent accidents.
6. Impaired Driving Laws: Stricter impaired driving laws and their enforcement can deter potential offenders and, in turn, protect cyclists.

While the rise in bike accidents in Los Angeles is alarming, it’s important to remember that these accidents can be prevented. By understanding the causes and implementing the preventive measures outlined above, we can make the streets of Los Angeles safer for everyone.

As a community, we must advocate for safer infrastructure, stricter law enforcement, and increased public awareness to protect our cyclists. At the same time, as individuals, we can do our part by following safe driving and cycling practices and encouraging others to do the same.

Cycling in Los Angeles doesn’t have to be a dangerous activity. With collective effort, we can turn the tide on the rising bike accidents, making the city a safer and more bike-friendly place to live.

What to do if you are the victim of a bicycle accident in Los Angeles

If you’re involved in a bicycle accident in Los Angeles, there are several steps you should take to ensure your safety and protect your rights:

1. Ensure Safety: First and foremost, get yourself to a safe location off the road to prevent any further accidents.
2. Call 911: Dial 911 as soon as possible. This ensures that law enforcement arrives on the scene and a formal accident report gets filed. You’ll also receive immediate medical attention if necessary.
3. Seek Medical Attention: Even if you feel okay, it’s essential to seek medical attention promptly after the accident. Some injuries may not be immediately apparent due to adrenaline.
4. Gather Information: If possible, collect information from everyone involved in the accident, including their names, contact details, driver’s license numbers, and insurance details. Also, note the license plate number of any vehicles involved.
5. Document the Scene: Take photos of the accident scene, your bicycle, any vehicles involved, and your injuries. If there are any witnesses, try to get their contact information as well.
6. Don’t Negotiate on the Scene: Avoid getting into a negotiation or accepting fault at the scene of the accident. Remember, anything you say can be used against you later.
7. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide facts but be cautious about making formal statements until you have spoken to an attorney.
8. Contact a Personal Injury Attorney: If you’ve been injured, it can be beneficial to contact a personal injury attorney specializing in bicycle accidents. They can guide you through the legal process, deal with insurance companies, and ensure your rights are protected.
9. Keep a Record: Keep a record of any medical treatments and expenses, loss of earnings, and any other costs related to the accident. This will be useful when claiming compensation.
10. Don’t Repair Your Bike: Keep your bike and equipment in the same state as they were after the accident. They can serve as evidence of the accident’s impact.

Remember, each bicycle accident is unique, and this list is not exhaustive. The most important thing is to prioritize your health and well-being. Consult with professionals, like a personal injury attorney, to ensure your legal rights are protected. At Steven M. Sweat, Personal Injury Lawyers, APC, we have been advocating for cyclist’s rights and representing victims of bike accident in the City of Angeles for over 25 years. We provide free consultations and charge nothing unless and until we win your case. Call today for free legal advice and for peace of mind: 866-966-5240

Here are some of the key bicycle laws in California:

1. Helmet Laws: In California, all bicyclists under the age of 18 are required to wear a helmet while riding a bicycle. Additionally, it is strongly recommended that all bicyclists wear a helmet, regardless of their age.
2. Traffic Laws: Bicyclists are required to follow the same traffic laws as motor vehicles. This means stopping at stop signs and red lights, riding with the flow of traffic, and using hand signals to indicate turns.
3. Bike Lane Laws: Bicyclists are required to use bike lanes when they are available. If there is no bike lane, bicyclists can ride on the road, but they must stay as far to the right as possible.
4. Night Riding Laws: Bicyclists are required to have a front white light and a rear red reflector or light when riding at night.
5. DUI Laws: Bicyclists can be charged with a DUI if they are riding a bicycle while under the influence of drugs or alcohol.
6. Electric Bicycle Laws: California has specific laws that apply to electric bicycles. These laws vary depending on the speed and power of the electric bike.

Here are some relevant sections of the California Vehicle Code that pertain to bicycle laws:

1. Helmet laws: California Vehicle Code (“CVC”) Section 21212 requires all bicyclists under the age of 18 to wear an approved helmet while riding a bicycle.
2. Traffic laws: CVC Section 21200 requires bicyclists to follow the same traffic laws as motor vehicle drivers, including stopping at stop signs and red lights, and riding with the flow of traffic.
3. Bike lane laws: CVC Section 21208 requires bicyclists to ride in a designated bike lane when one is available. If there is no bike lane, bicyclists must ride as far to the right as possible, except when passing, preparing for a left turn, or avoiding hazards.
4. Night riding laws: CVC Section 21201 requires bicyclists to use a front white light and a rear red reflector or light when riding at night.
5. DUI laws: CVC Section 21200.5 prohibits bicyclists from riding a bicycle while under the influence of drugs or alcohol.
6. Electric bicycle laws: CVC Section 312.5 provides definitions and regulations for electric bicycles in California, including speed and power restrictions.

These are just a few examples of the many bicycle laws in California. For a more comprehensive list, you can review the California Vehicle Code, specifically Division 11, Chapter 1, Article 4, which covers the laws pertaining to bicycles.

It’s important to note that bicyclists have the same rights and responsibilities as drivers of motor vehicles. This means that motorists must give bicyclists enough space when passing, and they must yield to bicyclists when required by law.

If you’re a bicyclist in California, it’s important to know your rights and responsibilities under the law. By following these laws, you can help ensure your own safety and avoid legal consequences.

If you have been injured in a bicycle accident in California, it’s important to seek the help of a skilled and experienced personal injury attorney who can help you recover the compensation you deserve. A bike accident attorney can review the specifics of your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Don’t wait to take action after a bicycle accident. Contact a qualified personal injury attorney as soon as possible to protect your rights and get the compensation you need to recover from your injuries. At Steven M. Sweat, Personal Injury Lawyers, APC, we have helped hundreds of bike accident victims recover money for medical expenses, lost income and pain and suffering related to bike crashes. Our experience spans over two decades. Call today for a free consultation at 866-966-5240.

Many Californians enjoy bicycling as a fun recreational activity, an opportunity to get exercise while enjoying the outdoors, and as a means of transportation. As cycling has increased in popularity in the last few years because of the impact of the COVID-19 pandemic, the number of bicycle accidents and resulting injuries have sharply increased. An Oct. 2021 report by the American College of Surgeons found that trauma caused by bicycle accidents surged by 100% during pandemic-related lockdowns.

Some of the dangers involved with riding bicycles can be attributed to sharing the roads with motor vehicles. Both cyclists and motorists must understand the rules of the road and their responsibilities while riding or driving. To try to curb the number of bicycle accidents and their resulting injuries and fatalities, the California Legislature recently passed a bill that aims to protect bicyclists and decrease the danger that they will be involved in accidents. This law became effective on Jan. 1, 2023. Here’s some information about the new law and its impact on the rights and responsibilities of motorists who share the roads with bicyclists.

Bicycle Accident Statistics

According to the National Safety Council (NSC), bicycle-related fatalities increased by 16% in 2020 to a total of 1,260 preventable bicycle accident deaths during that year. In the 10 years before 2020, the increase in bicycle deaths was 44%. Preliminary estimates of the total number of bicycle-related fatalities in 2021 that were released by the National Highway Traffic Safety Administration (NHTSA) were that bicycle fatalities increased by another 5% over 2020.

The Insurance Institute for Highway Safety (IIHS) reports that 77% of bicycle accident fatalities in 2020 happened in urban areas. According to U.S. News and World Report, California is the 10th most dangerous state for bicyclists in terms of deaths per capita. On average, 11,000 bicyclists are injured and 160 are killed in California each year, and Los Angeles accounts for around 25% of the state’s bicycle fatalities.

California’s new Bicycle Omnibus Law is designed to reduce the number of bicycle accidents by making the roads safer for cyclists.

The Bicycle Omnibus Law

California AB 1909 was passed by the California Legislature on Aug. 23, 2022, and signed into law by Gov. Gavin Newsom on Sept. 23, 2022. This law became effective on Jan. 1, 2023. This law addresses the duties of motorists when they overtake and pass bicyclists in addition to a few other changes as described below.

Expansion of the Three-foot Rule While Passing

Under the previous law, motor vehicles were supposed to give bicyclists at least three feet of room when passing them but did not necessarily require cars to change lanes when passing bicycles. The legislature recognized the difficulty of judging how much room three feet is for motorists sharing the roads with cyclists. The new law adds to the room cars must provide cyclists when passing by requiring them to change lanes when an opening is available. The expansion from three feet to changing lanes when overtaking and passing bicycles should help to reduce the number of bicycle accidents caused by motorists mistaking the distance between their vehicles and bicycles.

E-bikes Allowed on Bicycle Paths

E-bicycles have become nearly ubiquitous in California’s traffic landscape with the proliferation of e-bike services such as Byrd and Lyft. Previously, e-bicycle riders were prohibited by many municipalities from riding these bikes on bicycle pathways. However, AB 1909 now allows e-bike riders to use bicycle paths. However, communities retain the right to restrict e-bicycle from certain areas, including hiking and equestrian trails. This provision opens up most bicycle paths to e-bike riders, which should help to reduce the number of accidents involving motor vehicles vs. e-bicycles by providing riders with safe places to ride.

Removal of Enforcement of Bicycle Licensing Ordinances

Another provision of the Bicycle Omnibus Law removes the ability of cities to enforce bicycle licensing ordinances. Some cities have ordinances that require cyclists to register their bicycles and purchase annual bicycle operating licenses. While enforcement of these ordinances has been uneven, there have been some instances of selective enforcement by local law enforcement against minorities. The cessation of bicycle licensing ordinance enforcement is designed to prevent this type of selective enforcement and allow people of color to avoid harassment while riding bicycles.

New Crossing Rule

Under the new law, bicyclists can cross at intersections with pedestrians when the walk signs are illuminated. Previously, bicyclists had to follow the traffic lights for motor vehicles to cross roads instead of the pedestrian walk signals. Under the new law, bicyclists can choose to cross the street with pedestrians when the walk signals are illuminated even when they differ from the traffic signals for motor vehicles. This provision is meant to increase the safety of cyclists when they cross busy streets by giving them a head start over motor vehicles. This provision will not be effective until Jan. 1, 2024.

Other California Bicycle Laws

Under California law, bicyclists are expected to understand their legal obligations and follow traffic rules. There are a number of laws that govern bicyclists and when and where they should ride, including the following:

• Cal. Veh. Code 21202 – When cyclists are moving slower than surrounding traffic, they can take the lane when the lane is not wide enough for the bicyclist and a car to share it next to each other. Cyclists must ride to the right side of the road except when preparing to turn left, pass, or avoid hazards.
• Cal. Veh. Code 21208 – Bicyclists who are moving slower than surrounding traffic should use bicycle lanes where they exist except when they are drawing near to an area where they are legally allowed to turn right, preparing to turn left, avoiding hazards, or passing.
• Cal. Street and Hwy. Code 890.4d – Bicyclists do not have to use protected lanes that are separated from traffic.
• Cal. Veh. Code 21650 – Cyclists must travel in the direction of traffic except when riding on overly narrow roads, one-way streets, or when the right-hand side is closed because of construction.
• Cal. Veh. Code 21211 – Bicyclists can’t park bicycles on bicycle paths or stop and obstruct them.
• Cal. Veh. Code 21206 – Counties and municipalities can regulate whether cyclists can ride on sidewalks.
• Cal. Veh. Code 21960 – Bicyclists and e-bikers are prohibited from riding on expressways and freeways when doing so is prohibited by local authorities and the Department of Transportation.
• Cal. Veh. Code 23330 – Bicyclists are prohibited from crossing toll bridges unless they are allowed to do so by the Department of Transportation.
• Cal. Veh. Code 21200 – Bicyclists otherwise have the same duties and rights when operating their bikes on the roads as motorists.

Bicyclists are expected to understand and follow their legal obligations when they ride.

What to Do if You’re Injured in a Bicycle Accident

If you are injured in a bicycle accident with a motor vehicle, you should do the following things to protect your rights:

• Call 911 or ask someone to call for you.
• Assess yourself for injuries.
• Get the motorist’s name, contact information, insurance information, license plate number, and the make and model of their vehicle.
• Take pictures of the accident scene, the damage to the vehicle and your bike, debris on the road, and other relevant details. If you can’t take pictures because of your injuries, ask a bystander to take them for you.
• Ask witnesses for their names and contact information so that they can be contacted later. Encourage them to remain to tell the police what happened.
• Seek medical attention immediately, and follow any treatment recommendations you are given by your doctor.
• Contact an experienced Los Angeles bicycle accident lawyer.

Potential Damages in a Bicycle Accident Claim

Damages are monetary amounts that are meant to compensate negligence victims for their economic and non-economic losses. The value of a bicycle accident claim can value based on case-specific factors. Some of the types of damages that might be available include the following:

• Past and future medical expenses
• Past and future wage losses
• Bicycle damage and other property losses
• Past and future pain and suffering
• Emotional distress/trauma
• Disfigurement/scarring
• Disability
• Loss of the enjoyment of life
• Others

An experienced attorney can review your claim and help you understand the legal remedies that might be available.

Get Help from an attorney at the Steven M. Sweat, Personal Injury Lawyers, APC

If you were injured in a serious bicycle collision because of the negligent actions of a motorist, you should consult an experienced Los Angeles bicycle accident attorney at the law firm of Steven M. Sweat, Personal Injury Lawyers, APC. We have years of experience fighting for the rights of injured bicyclists and can advise you about your legal options. Call us today for a free consultation at 1-866-966-5240.

In Sept. 2021, an incident involving a 16-year-old teenager who struck six cyclists after blowing clouds of exhaust fumes on a group of cyclists was widely reported in the news media. The incident happened in Texas. Initially, the teen was released by the police from the scene without charges. However, the district attorney’s office in the county where the incident happened recently filed charges against the teen.

While the case is pending in Texas, if a similar incident happened in California, the perpetrator would also likely be charged with serious crimes. In either state, the injured victims would also be entitled to pursue compensation through personal injury claims regardless of the outcome of the criminal case against the defendant. Here is some information about the incident and how it might be handled if it happened in California.

Texas incident

On Sept. 25, a group of cyclists were training for the Ironman Texas athletic competition and were cycling through Waller County, Texas. A 16-year-old boy was driving a pickup truck that had been modified to allow the driver to release thick clouds of exhaust fumes, an action that is colloquially known as “rolling coal.” The teenager began spewing exhaust fumes on the group of cyclists before striking six who were cycling in front of his vehicle.

The teen stopped and remained at the scene. All six cyclists were injured, and three suffered serious injuries. Officers with the Waller Police Department responded to the scene. Instead of placing the teen under arrest, the officers released him without charges. This sparked national media attention and outrage, and reports later revealed that the teen had connections to members of the Waller City Council.

On Nov. 8, the Waller County District Attorney’s Office announced that it had filed six felony counts of aggravated assault with a deadly weapon against the young man. The DA’s office stated that the police had not properly investigated the accident and had failed to notify the District Attorney’s office when the accident occurred. The teen reportedly surrendered to authorities and is being held in custody until a court appearance.

How would a similar case be handled in California?

If this case had happened in California, the teenager would have been charged with six counts of aggravated assault with a deadly weapon under Cal. Pen. Code § 245(a)(1). California does not have a separate statute for aggravated vehicular assault and classes this type of offense under the umbrella of aggravated assault with a deadly weapon. In this type of scenario, the truck itself would be considered to be a deadly weapon.

Under this statute, a person who assaults someone else with a deadly weapon other than a firearm commits a felony. A conviction could result in a prison sentence of two, three, or four years and a fine of up to $10,000. Since the teen was charged with six counts of aggravated assault with six victims, he would face 12 to 24 years and a fine up to $60,000 if he was charged as an adult in California. However, since he is a juvenile, it is likely he would be adjudicated in the juvenile justice system and could be held in the custody of the Division of Juvenile Justice for a maximum period until he reached age 25.

Under Cal. Welfare & Inst. Code § 707(b), prosecutors in California can choose to directly charge juveniles as adults when they are at least 14 years old and are accused of committing certain offenses listed in the statute. One of the offenses for which a juvenile can be charged as an adult is an assault using force likely to cause serious bodily injury. Using a truck to forcibly run over six cyclists would likely qualify, so it is possible that if this incident happened in California that the teen would be charged as an adult and face adult criminal sentencing.

Potential civil lawsuits

In either Texas or California, the cyclists who were injured by the teenager would also have the right to pursue compensation by filing personal injury lawsuits. These types of legal actions can be filed against defendants even when the defendants have criminal cases pending against them. The prohibition against double jeopardy does not apply when people are facing legal actions under two different bodies of law. Since personal injury cases are civil actions and not criminal cases, civil and criminal cases can be filed against a defendant for the same conduct and proceed simultaneously.

Civil tort lawsuits do not carry the potential for incarceration while criminal cases do. Instead, civil lawsuits are filed to pursue monetary damages to compensate victims for their economic and noneconomic losses. Since defendants in personal injury lawsuits do not face the potential loss of their freedom and civil liberties, the burden of proof required of civil plaintiffs is lower than the burden of proof required of criminal prosecutors.

Civil vs. criminal cases

A criminal prosecutor is required to prove the elements of a crime beyond a reasonable doubt before a defendant can be found guilty. By contrast, a civil plaintiff must prove the elements of a tort offense by a preponderance of the evidence to hold a defendant liable to pay damages. This is a much lower legal burden and means that a plaintiff in a personal injury case must present evidence showing that an incident more likely than not happened in the way the plaintiff argues it occurred. The differences in the burden of proof in criminal and civil cases mean that it is sometimes possible to hold a defendant accountable in a civil case even when he or she is found not guilty in a criminal case for the same incident.

A famous example of this difference happened in the civil and criminal cases filed against O.J. Simpson during the 1990s. While he was found not guilty of murdering Ronald Goldman and Nicole Brown Simpson following his criminal trial, he was found liable in the civil wrongful death lawsuits filed against him by their surviving family members.

Filing personal injury lawsuits against criminal defendants might provide a way for victims to hold them accountable for their wrongful actions even if they might be found not guilty in their criminal cases. In situations in which the defendant’s conduct was especially egregious, punitive damages might also be available in addition to compensatory damages.

Identifying defendants and potential sources of recovery

In cases in which a teenage driver is at fault for causing a serious injury accident, the victims can file claims against the driver’s insurance policy. However, when serious injuries are involved, a teen driver’s insurance policy limits might not be enough to cover the victims’ losses.

For example, California only requires motorists to carry liability insurance in the following minimum amounts:

• $15,000 for bodily injury or death to one person
• $30,000 bodily injury for two or more victims per accident
• $5,000 for property damage

In a case like this one involving six injured cyclists and damage to six expensive racing bicycles, these policy limits would clearly be insufficient to cover the victims’ losses.

If the teen involved only had insurance with the minimum policy limits in a similar situation in California, it would be important to identify other potential sources of recovery to ensure that the victims were fairly compensated. Other sources in this type of case might include the teenager’s parents and the cyclists’ uninsured and underinsured motorists coverage.

Potential liability of the parents

Some states allow plaintiffs to pursue a legal theory called the family purpose doctrine. In those states, car accident victims can hold the parents of a minor driver vicariously liable in an accident when a vehicle driven by the teen is used by the family for family purposes. However, California does not recognize the family purpose doctrine. Despite this, it is still possible that the teen’s parents could be held directly liable through a theory called negligent entrustment.

The owner of a vehicle can be held liable for negligent entrustment of a vehicle to a driver when a plaintiff can present evidence proving the following elements:

• The driver negligently operated the vehicle.
• The defendant owned the vehicle that the negligent driver was driving.
• The defendant knew or should have known that the defendant driver was incompetent or unfit to drive the vehicle.
• The defendant gave permission to the driver to drive the vehicle.
• The negligent driver’s incompetence substantially contributed to the accident and resulting injuries.

If the victims would be able to prove that the teen’s parents owned the truck and gave him permission to drive it despite knowing that he was incompetent or unfit to drive it, they could be liable to pay damages under a negligent entrustment theory. Since the parents likely have more assets available to pay damages, pursuing a negligent entrustment cause of action against the parents as well as a negligence cause of action against the teen driver might help the victims to recover fair compensation.

UM/UIM coverage

Another potential source of recovery is the victims’ UM/UIM coverage. If the victims have this type of coverage on their insurance policies, they can file claims under it. UM/UIM coverage pays damages that exceed the policy limits of the at-fault driver’s policy up to the policy limits of the UM/UIM coverage.

Consult with a lawyer

Cases like the one that happened in Texas are horrifying. However, similar incidents sometimes occur everywhere in the U.S., including in California. If you were seriously injured in a bicycle accident caused by a driver who was engaged in intentional conduct, you may have the right to pursue compensation through a personal injury lawsuit. Contact the law firm of Steven M. Sweat, Personal Injury Lawyers, APC today to schedule a free consultation.

Los Angeles should be the perfect setting for riding bicycles, but the lack of bicycle infrastructure and heavy traffic makes it dangerous. Fortunately, a long-running festival is set to return to the city this year. CicLAvia is scheduled to return to Los Angeles after a hiatus caused by the COVID-19 pandemic. This open street bicycling festival will begin on Aug. 15 in Wilmington followed by events on Oct. 10 in downtown LA and Dec. 5 in South LA. CicLavia is operated by a nonprofit organization with the goal of promoting public health and mass transit. During the event, streets along the route will be closed and filled with cyclists, pedestrians, and vendors.

History of CicLAvia

The first CicLAvia festival was held in October 2010. Organizers modeled the event on the regular car-free festivals that are held in Bogota, Colombia each Sunday. More than 100,000 people attended the first CicLAvia festival in 2010, far exceeding the nonprofit’s expectations. The first event featured open streets stretching from East Hollywood to Boyle Heights, drawing many people outdoors to enjoy the open, traffic-free spaces and fresh air.

Since the first festival, CicLAvia events have happened every two months before the pandemic forced them to temporarily cease. Five CicLAvia festivals were canceled in 2020 because of COVID-19. When the festivals happen, cyclists will proceed along a pre-determined route. The streets will be closed to vehicular traffic. Pedestrians and skateboarders are also welcome to attend to walk, ride, and enjoy outdoor dining and the various goods offered by vendors along the route.

The routes are normally planned near mass transit locations, allowing anyone who wants to participate to attend. The return of CicLAvia is being hailed as a bright spot in the recovery process as Los Angeles begins to emerge from the pandemic.

Businesses located along the routes typically offer deals to attendees to attract new customers. Food trucks, arts and crafts, and things like climbing walls are also frequently present. The event is free and encourages people across LA to connect with each other.

CicLAvia reports that since its inception, more than 1.8 million people have participated in its open street festivals. The events also allow people to explore alternative modes of transportation while enjoying safe, slow streets.

More bicycle and pedestrian infrastructure needed

CicLAvia highlights the need for bicycle and pedestrian infrastructure on LA’s streets. While the weather in the city is warm year-round, which should be ideal for riding bicycles, its streets are also dangerous for cyclists and pedestrians to navigate. Despite the fact that Los Angeles has numerous wide boulevards with room to install smart cycling infrastructure, the city has failed to make meaningful progress on making the streets safer for cyclists and pedestrians.

Los Angeles is notorious for its traffic congestion. When cyclists are forced to share the streets with motor vehicles without a safe place to ride, they face serious risks of being seriously injured or killed in bicycle collisions. In 2018, Bicycling named Los Angeles as the worst city for cyclists because of the high number of fatalities that happen each year. Many motorists drive while distracted by their phones and electronic devices despite laws prohibiting texting while driving or using handheld mobile devices. Other motorists drive aggressively, and many cyclists have been killed in hit-and-run bicycle accidents.

The conditions of some of the streets in LA have also resulted in serious injuries in bicycle accidents. For example, Los Angeles had to pay $7.5 million who suffered quadriplegia in a bicycle crash caused by tree roots that had buckled the pavement where he was riding in Porter Ranch.

Bicycle crash statistics

With fewer motorists on the streets of LA during the pandemic, bicycle accidents plummeted even though the pandemic brought an increase in the number of cyclists. For example, in Sept. 2020, there were 18 bicycle collisions reported by the Los Angeles Police Department. In comparison, 185 bicycle accidents happened in the city during Sept. 2019.

Between 2016 and 2018, 450 cyclists were killed in accidents across California, and Los Angeles County had more fatal bicycle accidents than any other county in the state with 106 during that period. In 2019 alone, 36 cyclists lost their lives in crashes in LA. With motorists returning to the streets combined with more cyclists, it is important for the city to take steps to prevent more cyclists from suffering serious injuries or being killed in collisions.

Slow Streets program

During the pandemic, the Los Angeles Department of Transportation initiated the Slow Streets program to allow residents to enjoy more outdoor spaces while following the physical distancing guidelines. Neighborhoods that applied to participate in the program had signs placed at their entrances telling motorists to slow down. However, the program was initially billed as temporary, and LADOT states that it is no longer installing Slow Streets and is instead concentrating on the neighborhoods that have already been approved to participate in the program.

CicLAvia’s impact

CicLAvia has helped to influence the transportation policies of Los Angeles for bicyclists and pedestrians. However, much more work needs to be done. While the city previously promised additional bicycle infrastructure installations, motorists who have been angered by the plans have successfully blocked them. For example, in Playa del Rey in 2017, motorists flooded social media with angry messages about the community’s plan to install bicycle lanes because the number of lanes for cars would be reduced. The city backed down and did not install the bicycle lanes it had promised. Hopefully, CicLAvia will help to inspire more people to think about transportation in LA differently. As an increasing number of people have embraced riding bicycles in the city, maybe there will be greater acceptance of installing bicycle infrastructure to reduce the number of bicycle collisions that happen in the city and county every year.

What to do if you are involved in a bicycle accident

If you are injured in a bicycle collision with a car or because of a dangerous condition in the street, you should report your accident to the authorities. If you can, try to photograph the vehicle or hazardous condition that caused your crash, and ask for the names and contact information of anyone who saw what happened. Take as many photos of the accident scene as possible, including the vehicle’s make and model, the weather and road conditions, and the damage to your bicycle and the vehicle. Get the driver’s insurance and registration information.

Make sure to seek medical attention even if you think your injuries are minor. Some injuries do not show symptoms for hours or days after a collision. Getting immediate medical attention can aid in the recovery process and make it likelier that you will be able to show that your accident caused your injuries instead of an intervening or unrelated event.

Talk to an experienced bicycle collision attorney in Los Angeles

Riding bicycles in Los Angeles should be an enjoyable and healthy experience. Unfortunately, however, many cyclists are seriously injured or killed each year. Motorists and their insurers typically attempt to place the blame for bicycle collisions on the cyclists, making it important for you to talk to an experienced bicycle accident attorney at the Steven M. Sweat Injury Lawyers for help with your case. Attorney Steven M. Sweat has more than two decades of experience representing the victims of negligence and helping them to recover the compensation to which they should be entitled to for their losses. Call us at 866-966-5240 to schedule a free case evaluation, and learn about the legal merits of your claim.

In California, cities have immunity when people are injured while using paved or unpaved trails because of the design or location of the trail. The immunity does not apply when the injuries are caused by a dangerous condition that is unrelated to the trail, however. In Reed v. City of Los Angeles, Cal. Ct. App., Case No. B294531, the courts considered whether a badminton rope stretched across a bicycle trail was an unrelated dangerous condition or could have caused injuries to people regardless of whether they were using the trail.[1]

Factual and procedural background

On Sept. 12, 2015, Sells Reed III was riding his bicycle at 5:30 a.m. on a paved path that was adjacent to some sports fields in MacArthur Park in Los Angeles. Some people who were not connected to the City of Los Angeles had stretched a rope of a badminton net across the path. Reed did not see the rope and struck it, causing him to fall backward from his bicycle and to suffer multiple injuries. He filed a lawsuit against Los Angeles, alleging that the city had constructive notice of the existence of a dangerous condition on public property or that the city’s public employees were negligent in the performance of their jobs, resulting in his injuries.

The City of Los Angeles filed a motion for summary judgment. It argued that it was immune from lawsuits under the doctrine of trail immunity. It also argued that even if trail immunity did not apply, it was still not liable because the city did not have constructive or actual notice of the existence of the dangerous condition, and the negligence claim was improper.

After reviewing the city’s motion for summary judgment, the trial court agreed with each of the city’s three arguments. The court granted the motion for summary judgment, and Reed filed an appeal of its decision.

Issue: Whether trail immunity applied to the badminton rope across the trail or if it was an adjacent, unrelated danger to the trail’s design?

On appeal, Reed argued that under Cal. Govt. Code § 835, public entities can be held liable for dangerous conditions on their properties that could reasonably cause a foreseeable risk of injuries to people who are using them when they had actual or constructive notice of the existence of the dangerous condition or when their employees were negligent.[2] He also argued that trail immunity under Cal. Govt. Code § 831.4 did not apply under the specific facts of what happened in his accident.[3] He argued that courts have held that immunity does not apply when the dangerous condition arises from something that is unrelated to the trail’s design and location and is simply adjacent to it.

Rule: Public entities are immune from liability when people are injured while using paved or unpaved trails unless the dangerous condition is unrelated to the trail and could have injured people regardless of whether they were using the trail.

Reed argued that courts have found that immunity applies when injuries are caused because of the design of a trail or its location. He also argued that courts have found that trail immunity does not apply in situations when the dangerous condition is next to a trail and is not related to the trail’s purpose. Reed argued that the dangerous condition in his case was adjacent to the trail and was not related to the purpose of the trail. He cited Amberger-Warren v. City of Piedmont, 143 Cal.App.4th 1074 (2006) to show an example of when the court found that immunity applied.[4] He also cited Garcia v. American Golf Corp., 11 Cal.App.5th 532 (2017) as an example of when the courts have found that trail immunity does not apply.[5]

Analysis

The court first reviewed the court’s decision in Amberger-Warren. In that case, an unleashed dog ran into a woman on a trail, causing her to slip in some debris and fall down. When she fell, she landed halfway off of the trail and grabbed a cement edge of the trail to keep herself from falling down an adjacent hill. The woman argued that her injuries were caused by dangerous conditions other than the trail, including the fact that dogs were allowed to roam freely in the park without leashes, the location of the trial next to a hill, failing to install guardrails, and allowing debris to accumulate. In that case, the court found that trail immunity applied because public entities are not responsible for the negligence of third parties alone. It also held that accumulated debris on a trail falls under the immunity provision.

The court then looked at the decision in the Garcia case. In that case, a woman was pushing her baby in a stroller on a trail next to a golf course. A golf ball that was hit from the course struck her baby in the stroller, causing serious injuries. The court found that the trail immunity doctrine did not apply because the dangerous condition presented by errant golf balls could injure people regardless of whether they were using the trail. All of the factors that led to the baby’s injuries were unrelated to the trail. By contrast, several of the factors that contributed to the woman’s injuries in the Amberger-Warren case were directly related to the trail.

After reviewing those two cases, the court then analyzed Reed’s lawsuit against the City of Los Angeles. It found that a badminton net is not an inherently dangerous condition by itself. However, when it is stretched across a bicycle trail, it becomes a dangerous condition. This meant that the danger was directly related to the trail’s location and the trail itself and that others would not be injured by the net without the trail.

Conclusion

The court affirmed the trial court’s decision to dismiss the case against the City of Los Angeles. The City of Los Angeles was awarded its costs on appeal.

Get help from an experienced personal injury attorney

While the city may be liable for certain injuries that occur on trails, immunity will apply in many situations. If you have suffered serious injuries while you were using a bicycle or hiking trail because of dangerous conditions that were not related to the trail itself, you may have grounds to file a lawsuit to recover compensation for your losses. An experienced attorney at the law firm of Steven M. Sweat, Personal Injury Lawyers can review the facts of your case and provide you with an analysis of whether your claim has legal merits. Contact us today to schedule a free consultation by filling out our contact form or calling us at 310.592.0445.

Sources

[1] https://law.justia.com/cases/california/court-of-appeal/2020/b294531.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2020-03-06-personal-injury-dce1bc23bf&utm_content=text-case-read-more-9

[2] https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=10.&part=2.&chapter=7.&article=3.

[3] https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=GOV&tocTitle=+Government+Code+-+GOV

[4] https://scholar.google.com/scholar_case?case=7807908973238585392&q=Amberger-Warren+v.+City+of+Piedmont&hl=en&as_sdt=6,26&as_vis=1

[5] https://scholar.google.com/scholar_case?case=8411704792981894266&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Countries and cities around the world have started Vision Zero initiatives to eliminate all traffic fatalities. In 2015, Los Angeles mayor Eric Garcetti started the city’s Vision Zero initiative to work toward the elimination of all traffic deaths by 2025. Unfortunately, data demonstrates that traffic fatalities have continued to rise despite the initiative. There are several reasons why the traffic fatality rates show no signs of slowing, including poor infrastructure for bicyclists and pedestrians, distracted driving, and traffic congestion on the city’s streets and roadways.

Statistics

According to data released by Vision Zero and reported by the Los Angeles Times, 244 people died in traffic accidents in Los Angeles in 2019. While this represents a slight decrease of 0.8% from 2018, the statistics about pedestrian and cyclist deaths are more troubling. Since the start of Vision Zero in 2015 in the city, the total number of traffic fatalities has increased by 33%. Pedestrians represent a small percentage of accidents that occurred at 8%. However, they represent 44% of the fatalities that happened over the five years since the start of Vision Zero. In 2019, pedestrians represented 55% of the traffic fatalities that happened in Los Angeles.

When LA is compared to cities that also have Vision Zero programs, such as New York, it is clear to see that Los Angeles is not doing well with its initiative. New York established its Vision Zero program in 2014. It achieved a record-low number of fatalities in 2018 of 202, which was down from 707 in 1990 and 381 in 2000.

Why are traffic fatalities remaining high in Los Angeles?

There are multiple potential reasons for the stubbornly high traffic fatality rates in Los Angeles. While New York has invested substantial resources into designing infrastructure to help protect pedestrians and bicyclists, Los Angeles has not kept up with the pace. Many people in New York take advantage of the city’s subway system. By contrast, the culture in Los Angeles is much more focused on cars for transportation, making the streets very congested. The city also has done little to build better infrastructure to separate pedestrians and bicyclists from traffic, including separate pedestrian walkways and bicycle lanes. Instead, cyclists must use unseparated bicycle lanes where they are available or ride in the far right-hand traffic lane where they are not.

There are around 6,500 miles of road in Los Angeles. Out of those, the mayor only designated around 80 for bicycle lanes at the start of Vision Zero in 2015. Subsequently, pushback from motorists has led to seven miles of bicycle lanes being removed. There are many possible explanations for Los Angeles’ poor traffic fatality figures, but most cyclists blame the council members’ reluctance to put in new protected bike lanes. Out of LA’s 6,500 road miles, Mayor Garcetti only designated about 80 for bike lanes in 2015. Since that time, pushback against the installation of bicycle lanes by motorists has led to many being removed.

City council members have much more power over their districts in LA than they do in New York. Regardless of how much Vision Zero pushes for different districts to add bicycle lanes, the council members have the power to veto any decisions to install bicycle lanes in their districts. The Los Angeles Department of Transportation has focused on adding new signs and signals and painting crosswalks instead of adding bicycle lanes and protected pedestrian walkways. In addition to these city-related issues, there are also driver behaviors that have led to an increase in pedestrian and cyclist deaths and the persistence of the overall fatality rate.

Factors leading to increased pedestrian fatalities

One of the biggest factors leading to an increase in the number of pedestrian fatalities is the use of smartphones. Both pedestrians and drivers should avoid using their smartphones while they walk or drive. Motorists who have their phones turned on while they drive may be easily distracted by incoming messages, calls, and emails. When drivers take their eyes off of the road to look at their phones, their vehicles will continue to travel for a hundred feet or more. When they take their hands off of the wheel to respond to a text message, they will continue to travel without having any control over their vehicles.

While driving and using a handheld cell phone is illegal in California, many drivers continue to engage in distracted driving. Drivers should turn their phones off and put them out of sight when they get behind the wheel. Even incoming calls on a handsfree phone can distract a driver’s attention away from the road.

Pedestrians are also frequently distracted by their smartphones. When people are looking at their phones while they are walking, they may step in front of oncoming vehicles without noticing them. Both motorists and pedestrians need to keep their attention on the roads at all times. Motorists should take notice of pedestrians on the sidewalks who appear as if they might try to cross mid-block, and they should always obey all traffic control devices. When drivers turn onto other streets, they need to check the intersections and crosswalks carefully to avoid turning into pedestrians who are crossing.

Factors leading to an increase in cyclist deaths

Many people choose to ride bicycles in Los Angeles as a mode of transportation and for recreation. Like pedestrians, cyclists are frequently the victims of distracted drivers whose attention is focused elsewhere. Cyclists who do not have separated bicycle lanes are forced to share the roads with motorists. Drivers may not see cyclists because of driver inattention and because cyclists may be more difficult to see than other vehicles.

Los Angeles was designed for vehicles. The street designs are not very bicycle-friendly. Motorists frequently speed on the streets of LA, placing other motorists and cyclists around them in danger of accidents.

Contact an attorney at the Steven M. Sweat, Personal Injury Lawyers

Los Angeles needs to do more to reduce the number of traffic fatalities, including infrastructure changes that might initially be unpopular. Drivers should also do more to avoid causing accidents with pedestrians and cyclists. If you have lost a loved one in an accident that was caused by a motorist’s negligence in Los Angeles, you should get help from an experienced injury attorney. Contact the Steven M. Sweat, Personal Injury Lawyers today by calling us at 866.966.5240.

Los Angeles should be one of the best cities to ride bicycles in the U.S. With its balmy weather, year-round warmth, sunshine, and spectacular views, bicyclists should be able to enjoy riding their bicycles for recreation and transportation. The streets are very congested, making bicycling a good option for getting to your destination faster than you might if you drove your car. While these factors should make Los Angeles ideal for bicycle riding, it is instead the most dangerous city in America for people to ride their bicycles. The dangers to cyclists in Los Angeles result from several different factors that the city needs to address.

Statistics

From 2014 to 2016, 180 bicyclists were killed in Los Angeles, and many others were seriously injured. The city had more bicycle fatalities than any other city in the U.S. It also surpassed the bicycle fatality rates of every state other than California, Florida, and New York.[1] The high number of fatalities results from several factors, including congestion, a lack of bicycle infrastructure, poor road maintenance, and failures to act by politicians.

Problems caused by congestion

Los Angeles has the worst congestion on its roadways of any major city in the U.S. The county has a population of around 19 million people, and many of them choose to drive to their jobs. The result is millions of commuters clogging the city’s roadways and streets every day. Congestion causes drivers to become angry and to drive more aggressively. Some of them speed or drive while they are distracted. When bicyclists share the roads with motorists in heavy traffic, some motorists fail to see them and hit them. Others open doors in the paths of bicyclists when the motorists park alongside the streets. Some motorists have hit-and-run accidents with bicyclists, fleeing the scene without stopping to help the injured bicyclists.

In one case, Frederick “Woon” Frazier was hit and killed by a hit-and-run driver in 2018 after his bicycle was struck from behind at a high rate of speed.[2] Two days later, a friend of his was struck by another hit-and-run driver while he was attending a vigil in Frazier’s honor.[3]

Despite the problems of congestion and the dangers that it can bring, the city has done little to invest in public transportation or to encourage carpooling to cut it down. This means that motorists will continue to endanger bicyclists who try to share the roads with them.

Lack of bicycle infrastructure

Los Angeles’s lack of bicycle infrastructure is a major problem. The city has few separated bicycle paths and few bicycle lanes on its streets. In a study that we reported on that was conducted in Toronto, Ontario and Vancouver, B.C. in Canada, the authors looked at the reasons why bicycle crashes tend to occur in urban settings.[4] Most of the factors that were identified by the researchers had to do with infrastructure problems, including the following:

• A lack of bicycle infrastructure on major streets with parked cars on the sides of the roads
• Placement of bicycle lanes on major streets that have parked cars on the sides of the roads
• Placement of bicycle lanes on major streets that do not have parked cars
• A lack of bicycle infrastructure on major streets without parked cars
• A lack of bicycle infrastructure on residential and local streets
• Shared bicycle and pedestrian paths
• Bicycle crashes on pedestrian paths and sidewalks

Los Angeles has all of the infrastructure problems that were identified by the researchers in the Canadian study. There are very few bicycle lanes. When the city adds them, they tend to place them on major streets where the bicyclists are forced to share the roads with motorists. Many local streets do not have any bicycle infrastructure at all, and many paths that do exist are shared by pedestrians and bicyclists. When bicycle lanes are placed on major streets that have cars parked along the sides of the road, the bicyclists face risks from the motorists on either side of them. In addition to dangers from vehicles that are traveling next to them, the cyclists also face dangers from motorists who open their car doors to exit their cars on their other sides.

In response to the problems, Los Angeles has issued two different documents. In the 2010 Bicycle Plan, the city outlined an ambitious program to build a connected bicycle infrastructure in the city.[5] The plan said that the city would build 200 miles worth of connected bicycle infrastructure every five years. The second document came in 2017 with the Vision Zero Action Plan.[6] This plan identified the most dangerous roads in Los Angeles and made plans to improve them. However, little has been done by the city to implement the promises from either of these two plans. In 2017, the city’s plan to install bicycle lanes in Playa del Rey was scrapped when the public flooded social media to protest it. Since then, bicycle infrastructure plans have ground to a halt.

Poor road maintenance

Another major problem in Los Angeles that has contributed to cyclist accidents and fatalities is the state of the roads. The city covers more than 500 square miles and has thousands of roads. Even when it receives reports of defects and problems, it is slow to act to fix them. The city pays out millions of dollars in judgments awarded to cyclists and their families who have been injured or killed because of poorly maintained roads. Accidents that have occurred include a fatality when a man swerved to avoid landslide debris on the Pacific Coast Highway that the city’s sweepers had failed to clean up and an accident in which a man died when he hit an area of pavement that had buckled up because of tree roots growing underneath it.

Instead of spending millions on judgments and settlements each year, the city should turn its attention to fixing the road defects that cause cyclist injuries and deaths. However, like the bicycle infrastructure plans, it does not appear that the city is trying to improve the conditions of the roads in the city.

Failures to act

The failure to implement the Bicycle Plan or the Vision Zero Action Plan points to a failure of the city’s politicians to act to make the streets safer for bicyclists. As the Playa del Rey example shows, the city quickly buckled to pressure from motorists when it attempted to add bicycle lanes. Since that time, the city has done little to improve the safety of bicyclists, and more deaths happen each year.

Get help from Steven M. Sweat Personal Injury Lawyers APC

It is unfortunate that so many bicyclists are seriously injured or killed in Los Angeles every year. While the problems that contribute to these accidents are clear, little is being done to address them. If you have been injured in a bicycle accident or have lost a loved one, you may be able to hold the people and entities that caused the accident accountable for their actions. The experienced bicycle accident attorneys at the law firm of Steven M. Sweat Personal Injury Lawyers represent bicyclists and families that have suffered losses because of the negligent actions of motorists and the city. Contact us today to schedule a free consultation to learn more about your potential claim by calling 310.592.0445.

Sources

[1] https://www.bicycling.com/culture/a23566413/los-angeles-is-the-worst-bike-city-in-america/

[2] https://la.streetsblog.org/2018/04/11/22-year-old-killed-in-hit-and-run-at-manchesternormandie-driver-plows-through-mourners-corking-intersection-to-protest-death/

[3] https://www.victimslawyer.com/blog/los-angeles-still-deadly-for-cyclists/

[4] https://www.victimslawyer.com/blog/why-are-there-so-many-bicycle-accident-in-urban-areas-like-los-angeles/

[5] https://planning.lacity.org/cwd/gnlpln/transelt/NewBikePlan/Txt/LA%20CITY%20BICYCLE%20PLAN.pdf

Why do urban areas like Los Angeles CA have so many bicycle accidents? While there has been a large push in cities around the world to encourage cycling, some major urban areas, including Los Angeles, have entrenched safety problems for cyclists. In 2018, Bicycling Magazine named Los Angeles as the worst city in the U.S. for bicyclists and reported that Los Angeles County had more cyclist deaths than all but three states as a whole during the three years from 2014 to 2016. While the city has engaged in efforts to reduce bicycle and other traffic fatalities, the data demonstrates that more needs to be done.

The problem of bicycle fatalities in Los Angeles

Los Angeles has attempted to address the problems of bicycle safety by devoting additional funds to safety projects such as road diets. Despite these efforts, however, cycling fatalities have increased. In 2018, for example, preliminary data for Los Angeles shows that 21 cyclists were killed in accidents with motor vehicles, which was an increase from the 17 who were killed in 2015 at the beginning of the Vision Zero initiative.

Efforts to improve bicycle safety through the Vision Zero initiative

In reaction to the high traffic fatality rate in Los Angeles, Mayor Eric Garcetti announced the city’s Vision Zero initiative in 2015. The initiative is based on a similar one in Sweden and aims to reduce traffic deaths in LA to zero by 2025. The city notes that almost half of the 200 traffic fatalities that happen in Los Angeles each year are pedestrian and bicyclist fatalities. As a result, the city has added bicycle lanes to some streets and increased its funding of safety projects. Despite these efforts, the number of bicycle fatalities has increased since the implementation of the initiative rather than decreasing, leading to questions about why this has occurred. Some explanations can be gleaned from a study that was published in the BMC Public Health journal in 2014.

The study on bicycling crash circumstances

In the study “Bicycling crash circumstances vary by route type: A cross-sectional analysis,” the researchers looked at 690 bicycle crashes that occurred in Vancouver, B.C., and Toronto, Ontario that were serious enough for the injured cyclists to seek treatment at the emergency departments of their local hospitals. The researchers were interested in looking at the accidents in terms of their route type and other infrastructure factors.

Participants in the study answered questions in structured interviews about their crashes, including information about what happened, whether the accident involved a collision with a motor vehicle or another object, and the specific type of object or vehicle with which the cyclist collided.

The authors were able to identify several infrastructure features that were associated with a higher crash risk, including the following:

• Not having bicycle infrastructure on major streets with parked cars
• Bike lanes on major streets with parked cars
• Not having bicycle infrastructure on major streets without parked cars
• Bike lanes on major streets without parked cars
• No bicycle infrastructure on local, primarily residential streets
• Accidents on sidewalks and pedestrian paths
• Shared pedestrian and bicycle routes

A big issue that the authors identified was having no bicycle infrastructure on major streets with cars parked alongside the roads. Out of the different route types where accidents occurred, the most frequently occurring type were collisions with motor vehicles or falls to avoid collisions with motor vehicles on these types of streets that had parked vehicles and no bicycle infrastructure. There were almost no motor vehicle collisions with bicycles on bicycle routes that were separated from traffic.

All of the routes that included cars parked on the sides of the roads had accidents involving doors. Dooring incidents were especially pronounced on routes that had cars parked on the sides of the streets and that had no bicycle infrastructure. Collisions with trains and streetcars were also more frequent on major roads with no bicycle infrastructure. Interestingly, residential streets that had traffic calming features also had a higher number of bicycle accidents involving motor vehicles and falls to avoid collisions than the authors had anticipated. The researchers also found that there were a greater number of collisions with infrastructure, animals, cyclists, and pedestrians on paved bicycle paths and shared-use pedestrian and cycling paths than the authors had expected.

The authors compared their findings with data from other countries, including Sweden, the Netherlands, Australia, and South Korea. They noted that these countries have more bicycle infrastructure than the U.S. and Canada, and they also have separated bicycle routes to keep bicyclists separated from motor vehicles. The authors noted that 27% of the bicycle accidents that occur in the U.S. involve direct collisions with motor vehicles. By contrast, Sweden, which has separate bicycle routes away from the streets, only has 9% of bicycle accidents that involve direct collisions with motor vehicles. These results help to explain why Los Angeles has failed to see a reduction in bicycle fatalities despite adding bicycle paths.

Issues with Los Angeles’s bicycle infrastructure

The Los Angeles Department of Transportation has been increasing the number of bicycle paths in the city, including along some roads that have been identified as a part of the Vision Zero’s high injury network. However, the addition of these paths has done little to curb the bicycle accident rates. A major issue is that few bicycle routes are separated from traffic. Los Angeles has a substantial amount of motor vehicle traffic on its congested roads, and some of the bicycle paths that have been added involve road diets.

Road diets involve adding paths on existing roads, which leaves less room for the vehicles on those streets. Los Angeles also has many heavily trafficked surface streets on which cars are allowed to park on the sides. Cars parked on the sides of the roads lead to dooring accidents with bicycles when people open their doors to get out of their cars. When a bicycle lane is painted in between a row of parked cars and the traffic lanes, the bicyclists must contend with risks from dooring accidents as well as risks from driving in close proximity to motor vehicles in the traffic lanes beside them.

Critics argue that Los Angeles should separate bicycle routes from traffic and include lanes on side streets instead of on major thoroughfares to reduce the risks. Another problem is that Los Angeles has attempted to increase urban railways. As the study in Canada demonstrated, accidents between cyclists and trains will likely increase when the urban railway use increases unless Los Angeles adds infrastructure to separate the bicyclists from the paths of the trains.

Because of the sheer size of Los Angeles, the city government is large and can be inefficient in its maintenance of safe conditions on the city’s streets, paths, and sidewalks. This can lead to bicycle accidents when cyclists have accidents caused by road or sidewalk defects such as broken asphalt and potholes.

Contact the injury lawyers at Steven M. Sweat, APC

Los Angeles needs to take a second look at the city’s plans for improving bicycle safety. The city might want to add separate routes for bicycles instead of trying to incorporate bicycle paths on the city’s overly congested thoroughfares. People who are seriously injured in bicycle accidents because of infrastructure problems might want to consult with a personal injury attorney at the law firm of Steven M. Sweat, APC. Contact us today by calling 310-592-0445.

People who lose loved ones in accidents that are caused by the negligence of others have the right to file wrongful death lawsuits against the responsible parties. When they are unable to reach a settlement agreement, they can go to jury trials. In Hernandez v. First Student, Inc., Cal. Ct. App. Case No. B281161, the parents of a 13-year-old boy who was killed while riding his bicycle went to trial. However, they did not secure the outcome that they wanted and filed an appeal. The case demonstrates the importance of making timely objections during a trial to preserve the record on appeal. If an attorney fails to make objections at the proper time, the arguments may be forfeited on appeal.

Factual and procedural background

On May 2, 2013, 13-year-old Jonathan Hernandez was riding his bicycle on a sidewalk. He entered into the street without stopping, and he was struck by a school bus. The bus was being driven by Barbara Calderon and was owned by First Student. At the time, Calderon was returning the bus to the school after completing her route. Michael Kennedy was an aide who was also on the school bus at the time.

Calderon testified that she could see Jonathan riding on the sidewalk but did not see him veer into the street. She felt the bus hit something and applied the brakes. Kennedy reportedly put the bus into park after the accident. Jonathan was killed. A responding officer believed that Calderon was impaired and asked for testing. A drug recognition expert went to the hospital to evaluate her and stated that she failed the tests. A blood test revealed that she had benzodiazepines in her bloodstream.

At the trial, the jury heard evidence that Jonathan’s mother regularly used methamphetamines, but she testified that she did not use them in front of Jonathan. They also heard that Jonathan’s father had little to do with him and lived in a different state. The jury was presented with video clips of the depositions of both of Jonathan’s parents, and the deposition of his mother was taken while she was in prison. Jonathan’s mother also revealed that she had been taken into custody on an immigration hold.

After both sides rested, the jury deliberated before returning with its verdict. It found that both Jonathan and Calderon were at fault in the accident and attributed 80% of the blame to Jonathan. The jury awarded damages of $250,000 to Jonathan’s parents. They appealed, alleging the court made multiple errors in allowing certain types of testimony and abused its discretion in allowing testimony about Hernandez’s use of methamphetamines among others.

Issue: Whether the court abused its discretion by allowing testimony about Hernandez’s use of methamphetamines, by allowing a retired police officer to testify as an expert about Calderon’s impairment from her medications, and by refusing to grant a motion for a new trial?

The appellants made multiple arguments in an appeal brief that the court termed to be voluminous. They alleged that the court abused its discretion in several ways, including by allowing the defense to raise the issue of Hernandez’s methamphetamines abuse, allowing a retired police officer to be called by the defense to testify as an expert about Calderon’s level of impairment, and by refusing to grant the appellants’ motion for a new trial. The court found that the appellants had forfeited their arguments in many instances because they had failed to make timely objections during the trial or were attempting to raise novel arguments for the first time on appeal rather than at trial. It agreed to consider a limited number of arguments, including whether the court abused its discretion.

Rule: On appeal, the appellants must cite to the record to support their arguments.

When plaintiffs appeal following a jury trial, they are required to submit legal citations and to cite to the record in support of the arguments that they make. In the Hernandez case, the appeals court found that the appellants failed to cite to the record or to include legal citations to support most of their arguments. The court also noted that appellants who claim that the court abused its discretion must make claims that are cognizable.

Analysis

The court reviewed the appellants’ argument that allowing testimony about Hernandez’s use of methamphetamines amounted to an abuse of discretion. The appeals court stated that the testimony was allowed so that the jury could assess the relationship that Jonathan had with his parents to help them to assess the noneconomic losses that they suffered from his death. The trial court judge instructed the jury that it could only consider the drug use by the mother to evaluate the quality of the relationship rather than for any other purpose. The Court of Appeals found that it was not an abuse of discretion since the court provided this instruction and since it was relevant for establishing the relationship that Hernandez had with her son.

The court next reviewed the appellants’ argument that allowing the testimony of a retired police officer about Calderon’s impairment was an abuse of discretion. The appellants argued that the officer only had a high school diploma and was not qualified to testify about the impairing effects of benzodiazepines. The appeals court found that while the officer was not certified in California, he had worked as a police officer for 25 years in Florida. The officer testified that he relied on national training standards to give his opinion about whether Calderon was impaired at the time of the accident. Finally, the court reviewed the argument that the trial court erred in failing to grant a new trial. The appeals court found there was no abuse of discretion.

Conclusion

The appeals court affirmed the trial court’s ruling, meaning that the plaintiffs’ award of $250,000, which would be reduced by Jonathan’s comparative negligence of 80%, would stand.

Contact an experienced Los Angeles accident lawyer

When people take personal injury cases to trial, it is important that they work with experienced injury attorneys. If a trial lawyer fails to make timely objections or to properly raise arguments on appeal, the ultimate recovery could be harmed. Contact Steven M. Sweat APC today for a consultation about your potential injury claim.

Sources

https://law.justia.com/cases/california/court-of-appeal/2019/b281161.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2019-07-12-personal-injury-9ac3b59bff&utm_content=text-case-read-more-7

https://www.victimslawyer.com/child-bike-accident-attorney-in-los-angeles.html

Cycling is a great way for people to exercise, enjoy some scenery or commute to their jobs in California. More Californians are turning to bicycles as an alternative form of transportation because of a desire to help to protect the environment while enjoying the health benefits of cycling. When bicycle riders share the roads with motor vehicles, they have a higher risk of suffering serious injuries or being killed in accidents because they have little protection from the forces of collisions.

Wearing bicycle helmets every time that cyclists ride their bicycles can help to protect them from severe injuries when they are thrown from their bicycles or struck in the head in accidents. Unfortunately, however, cyclists must be careful when they purchase bicycle helmets. According to a report in NPR, counterfeit bicycle helmets that do not meet U.S. safety standards are flooding the market via the internet.

Why counterfeit helmets are dangerous

NPR reports that counterfeit helmets do not meet the rigorous safety standards for bicycle helmets that are outlined by the U.S. Consumer Product Safety Commission. The helmets are made to look like helmets from companies such as Specialized Bicycles that do meet or exceed the safety standards but do not have important safety features. The counterfeit helmets are made out of cheaper, rigid plastic and have thinner cushioning on the interior. They also do not have the protective fiber skeletons inside of them that help to keep the helmets from breaking when people hit their heads.

In one test that was performed by Specialized Bicycles on an authentic Specialized Evade II helmet and a counterfeit version, the counterfeit helmet failed crucial tests. When the counterfeit helmet was put on the head of a dummy and the strap was pulled, the helmet came off. To protect cyclists in accidents, the strap should remain in place and should not be able to be pulled to remove the helmet. In another dramatic test, the counterfeit helmet was strapped to a machine before it was lifted up five feet and then smashed down onto an anvil. While the authentic helmet did not break, the counterfeit helmet broke in half. Specialized Bicycles stated that a cyclist who hit his or her head in an accident while wearing the counterfeit helmet would likely have suffered a skull fracture, a traumatic brain injury, or death.

Extent of the problem

The rise of e-commerce sites has led to a large influx of counterfeit products. The Intellectual Property Rights Coordination Center, an umbrella agency of the Department of Homeland Security that coordinates the work of 23 different investigative agencies, is tasked with prosecuting companies that sell counterfeit goods, including helmets. A spokesperson stated that Customs is seizing an average of double the number of counterfeit goods than it did a decade ago because of the rise of e-commerce. The spokesperson reported that 90 percent of the counterfeit goods that were seized in 2017 arrived by international mail or as express shipments from overseas.

Specialized Bicycles employs a team of 14 people who monitor 85 different e-commerce websites for counterfeit bicycle helmets. One team member noted that there were more than 34,000 listings for helmets from Chinese companies on eBay. The company reports that when it identifies counterfeit helmet listings, it notifies the e-commerce sites. The sites take down the listings when they learn that they are for counterfeit goods.

Some bad actors simply open new accounts and begin listing their counterfeit helmets again. Specialized Bicycle states that it takes repeat violators to court and has been able to recover millions of dollars by doing so. The company reportedly worked with Chinese authorities last year to close down four facilities that were manufacturing counterfeit helmets in China.

How to tell if a helmet is authentic or a counterfeit

There are several ways that you can identify a helmet that is a counterfeit. While it might look like an authentic helmet on the exterior, there are several differences. Counterfeit helmets weigh less than authentic helmets because of the cheaper construction. They might have logos that purport that the helmets meet European standards, but they will not have the certification stickers that they meet the standards of the U.S. Consumer Product Safety Commission. Counterfeit helmets are often priced significantly below the price of authentic helmets. If you see a helmet that is advertised for a much lower price than other listings for authentic helmets, it is likely a counterfeit. Finally, many of the listings for counterfeits originate in Asia.

Bicycle helmet laws in California

Under Cal. Veh. Code § 21212(a), all people who are under the age of 18 are required to wear bicycle helmets when they ride skateboards, bicycles, roller skates, inline skates or non-motorized scooters on streets, bicycle paths, or public trails. The helmets must meet the standards of the USPSC or the American Society for Testing and Materials. If cyclists are caught without helmets or with helmets that do not comply with the legal standards, they may face fines of $25. The parents of children who ride bicycles without helmets are responsible for paying their fines.

People who are over the age of 18 are not required to wear bicycle helmets. However, it is important that cyclists always wear helmets that meet the safety standards as well as other safety gear when they ride. Wearing helmets can help to protect against catastrophic injuries when cyclists are struck by cars.

Injuries in accidents when counterfeit helmets are worn

Cyclists who are struck by cars may suffer many different serious injuries, including fractures, abrasions, road rash, and others. When they wear authentic helmets, their heads may be protected from more severe injuries. Cyclists who wear counterfeit helmets have little to protect their heads. If they are thrown from their bicycles and hit their heads on the pavement, the helmets may break. The cyclists may then suffer skull fractures or traumatic brain injuries, or they may be killed.

As we have previously noted, people who suffer brain injuries in accidents may face lifelong disabilities that require round-the-clock care. Their injuries may permanently reduce their ability to enjoy life and to earn incomes. Each year, more than 50,000 people in the U.S. die after they suffer traumatic brain injuries. Wearing authentic bicycle helmets can help to prevent cyclists from suffering these types of injuries when they are struck by cars.

Contact an experienced brain injury lawyer in Los Angeles

If you or your loved one has suffered a brain injury after a bicycle helmet failure in an accident, you may have legal rights. Meeting with an experienced Los Angeles attorney may help you to identify all of the potential defendants so that you might recover compensation to pay for your losses. Contact the Law Offices of Steven M. Sweat today to schedule a consultation so that you can learn about your potential claim.

Sources

[1] https://www.npr.org/2018/09/16/647377213/fake-bike-helmets-cheap-but-dangerous [2] https://www.iprcenter.gov/ [3] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21212.&lawCode=VEH [4] [2] https://www.victimslawyer.com/brain-injury.html