TL;DR: If a bicyclist bumps into you and causes an accident, they may be liable for your injuries, vehicle damage, and lost income. For California drivers, evidence, medical records, insurance review, and timely filings affect the claim.
Highlights:
- Get medical care and keep records for every symptom.
- Photograph the car, bicycle, road, traffic signals, and property damage.
- Collect the cyclist’s contact and insurance information.
- Look for possible sources of dashcam or surveillance footage.
- Notify your auto insurer, even if the cyclist caused the crash.
- Submit an SR-1 form to the DMV within 10 days if there was an injury, death, or more than $1,000 in property damage.
- Review your auto insurance policy, your health insurance, and the cyclist’s liability coverage.
Tip: Keep statements factual, avoid guessing about fault, and save photos, repair estimates, medical bills, and insurer messages in one file.
Table of Contents
If a bicyclist bumps into you and causes you to have an accident, you may have the right to seek compensation for your losses. After such a collision, many drivers are unsure about their legal rights. However, a negligent bicyclist could be responsible for your medical bills, vehicle repair costs, and lost wages under California law.
When A Bicyclist Can Be At Fault Under California Law
Under the California Vehicle Code (CVC), bicyclists share the same rights and duties as drivers of motor vehicles. For instance, they must follow many of the same traffic laws. They also have to act reasonably to prevent road incidents. If they fail to do so, bump into you, and cause an accident, you could pursue compensation for your injuries and losses.
To have a valid compensation claim against a bicyclist, you must first prove liability by demonstrating these four elements of negligence:
- The bicyclist owed you a legal duty of care to prevent harm.
- They breached that duty. Common traffic violations that constitute a breach include:
- Ignoring traffic signals or stop signs.
- Riding under the influence of alcohol or drugs.
- Failing to use lights or reflectors in low-light conditions.
- Riding outside bike lanes when required.
Other issues, such as distracted cycling, could also be considered a breach of duty if they cause an accident, even if no specific laws prohibit them.
- The breach directly caused the accident.
- You suffered actual, measurable losses, such as medical bills and property damage.
For example, suppose a cyclist hit you while you were lawfully crossing an intersection because they ran a red light. You then braked suddenly, sustained whiplash, and had to see a chiropractor to help with chronic pain. The bike also dented the side of your car. Since the cyclist ignored a traffic signal and caused the accident, they may be liable for the costs of your chiropractic sessions and vehicle repairs.
What If The Cyclist Was Also Injured?
This situation can complicate fault assessment. The cyclist’s insurance company may claim that your actions caused the cyclist’s injuries. If the facts support it, both you and the cyclist could partly be at fault for the accident. However, even in this case, pursuing compensation remains an option.
California’s pure comparative negligence rule allows accident victims to file claims, even if they’re up to 99% at fault. That means if you’re partially at fault, courts or insurers may reduce your compensation by your percentage of liability. For example, if your total damages are $50,000 and you’re 10% at fault, then you can still pursue up to $45,000.
Understanding pure comparative negligence matters because the bicyclist’s insurer can use it to reduce the amount they owe. Gathering evidence is essential to proving the cyclist’s liability and advocating for a fair assessment of fault. You can do that immediately after an accident and in the days following.
Steps To Take After A Bicyclist Hits Your Car
After a cyclist collision, take the same steps you would after a regular car crash. See a doctor, gather evidence, and consult a lawyer if necessary. However, make notifying your insurer a priority. Your recovery options may be more limited after accidents caused by bicyclists.
Follow these general steps after a bike-car collision:
- Get Your Injuries Treated: Consistent care creates detailed medical records. These can link your injuries to the accident, show that they were serious enough to warrant urgent treatment, and justify any treatments you received. That’s worth keeping in mind because a cyclist’s limited physical protection means they’re more vulnerable to injury.
- Notify the Relevant Authorities: If the accident caused an injury or death, you have to report it to law enforcement within 24 hours. You also need to submit an SR-1 form to the California DMV within 10 days if there was an injury, death, or property damage worth more than $1,000. These steps aren’t just legal requirements. They create official records of what happened, who was involved, and the conditions at the scene.
- Gather Evidence: If you were unable to take photos or collect witness information at the scene, you can still gather other forms of evidence. Examples include medical bills, pay stubs, car repair estimates, and other proof of your losses. A lawyer can also help you request the preservation of dashboard video, surveillance camera footage, and other time-sensitive evidence.
- Notify Your Auto Insurance Provider: Your policy may require you to do so, even if you didn’t cause the accident. This step is important because the cyclist who bumped into you may have little or no insurance to cover your losses. Promptly notifying your insurer means that pursuing compensation from your own policy can remain an option down the line.
Insurance Options For Recovering Your Damages
The state’s DMV requires drivers to carry auto insurance policies with specific minimum limits. However, you do not need insurance to ride a bike in California. That said, if a cyclist bumps into you and causes an accident, your options for pursuing compensation will differ. A cyclist’s personal insurance may cover your losses.
Some cyclists choose to carry a dedicated bicycle insurance policy. You may also be able to file a claim against a bicyclist’s homeowners or renters insurance. These policies often include personal liability coverage, which may pay for property damage and bodily injury. However, the limits on homeowners and renters insurance policies are usually lower, which can cap the amount of compensation you may recover.
What If The Bicyclist Has No Insurance?
Not all cyclists in California have insurance, so you could end up in an accident with someone who can’t cover your losses. In this scenario, you could seek benefits from your own provider. For example, health insurance could cover your medical expenses. Some optional add-ons to your auto policy could also apply if you have them:
- Collision Coverage: It can pay for vehicle repairs regardless of who was at fault. Most policies require you to pay your deductible before the insurer covers repairs.
- Medical Payments (MedPay) Coverage: It can cover all necessary medical and funeral expenses up to policy limits. Like collision coverage, you do not need to prove fault to seek benefits.
In some cases, none of these options is available. In such situations, car accident lawyers can step in to assess whether you can seek compensation from another party responsible for your accident. For example, suppose a cyclist ran a red light and hit you at an intersection because of a malfunctioning traffic signal. You may be able to file a claim against a government agency responsible for maintaining stoplights.
California Deadlines For Filing Car-Bike Accident Lawsuits
Even after preparing a claim, filing it, and negotiating a settlement, you may not reach an agreement with the cyclist and their insurer. If so, you may have to file a personal injury lawsuit to continue pursuing compensation. California’s statute of limitations will generally give you two years after the date of the accident to sue.
This deadline comes with a few exceptions, such as the delayed discovery rule. To illustrate, suppose your injury only started showing symptoms in the days or weeks following an accident. The clock may only start on the date you discovered or should have reasonably discovered you were hurt.
However, if a bicyclist bumped into you and only caused property damage, the time limit changes. In this scenario, you can file a case within three years of the accident.
Filing on time matters because courts generally dismiss cases after the statute of limitations expires. That could bar you from pursuing compensation altogether.
Because these deadlines vary based on the facts of the case, you might realize, “I need a personal injury lawyer to help me file on time.” Bicycle accident lawyers can identify which time limit applies to your specific claim and start the claims process early to protect your right to file suit.
Frequently Asked Questions About California Car-Bike Accidents
Collisions involving bicyclists raise legal questions that do not always arise in typical car accident cases. As the car driver, you may be wondering what your rights are after such incidents. The answers below clarify how California traffic laws and personal insurance policies apply to these unique claims.
Can I Sue If A Bicyclist Hits My Car In California?
Yes, though the process usually starts with an insurance claim. If you can show the bicyclist was negligent, you could pursue compensation from their liability coverage. If they have insufficient or no insurance, you may be able to sue them for damages directly. Filing suit can also be an option if settlement negotiations with the bicyclist’s insurer fail.
Who Is At Fault If A Bicycle Hits A Parked Car In California?
If your car was legally parked and a moving cyclist struck it, the cyclist is usually at fault. California law requires bicyclists to maintain control of their bikes and observe their surroundings. The fact that you legally parked your car during the accident can create a strong foundation for your claim.
What If A Bicycle Hits Me And Causes Me To Have An Accident While I Was Walking?
If you were lawfully crossing the street, your options would be similar to a car driver who gets hit by a cyclist. Bicyclists, like motorists, are legally required to yield to pedestrians at both marked and unmarked crosswalks. If they fail to do so and you get hurt, you could file an insurance claim against that cyclist’s liability coverage. If they have little or no insurance, you can use your insurance, pursue compensation from third parties, or directly sue the cyclist for damages.
However, an insurer or court may find you partially liable if you were crossing the street unsafely when the accident happened. For example, you could be partly at fault if you darted onto the road suddenly, making it harder for the cyclist to anticipate your movements.
Get In Touch With Arash Law For Guidance On Your Collision Claim
Since car drivers have a greater potential to cause injury, courts and insurers often find them at fault in car-bike accidents. That said, you may not know what your rights and options are if a bicyclist bumps into you and causes an accident while you’re behind the wheel. Though reading free advice from a car accident lawyer online can provide general guidance, a dedicated legal professional can help you identify exactly what you can do next.
That’s where Arash Law can help. We can assess your situation and explain your available options. If you have a case, we can help you pursue compensation from the at-fault bicyclist.
Our team is ready to evaluate your claim. If costs are a concern, you may be wondering, “Do lawyers only get paid if they win?” Our attorneys handle bicycle collision cases on a contingency fee basis, so the answer is yes. You pay no legal fees unless we win or settle your case.
Schedule your free initial consultation by calling (888) 488-1391 and speaking with AK Law about your collision claim.
