Bicycle Accidents

Cyclists have road rights, not tolerated presence

A bicycle is treated as a vehicle for most purposes on California roads, with the same rights and the same duties. That framing matters, because these claims often begin from an assumption that the cyclist was somewhere they should not have been.

The collisions that recur

Certain patterns come up repeatedly: a driver turning right across a cyclist travelling straight; a left turn across an oncoming cyclist whose speed was misjudged; a door opened into the path of a cyclist; and a driver emerging from a driveway or side road without looking far enough along the carriageway.

What these have in common is a driver who did not see a cyclist who was lawfully and visibly there. That is a failure of observation, and it is the core of the negligence argument.

Helmets

California requires helmets for cyclists under 18. For adults it is not a legal requirement, and not wearing one does not bar a claim. Expect it to be raised as an argument that head injuries were worsened rather than that the collision was caused.

What to preserve

Do not repair or dispose of the bicycle: the damage pattern is evidence about the direction and force of impact. Photograph your clothing and any lights or reflectors, since visibility is frequently disputed. Note the lighting conditions and time precisely. If you were using a cycle computer or a fitness app, the recorded speed and route can be genuinely useful.

Insurance

The driver's liability coverage is the usual source. Your own auto policy's uninsured and underinsured motorist coverage may also respond even though you were not in a car, which is worth checking rather than assuming.