Bicycle Accident FAQs

1. What should I do after a bicycle accident?

First of all, call 911 and seek medical attention immediately, even if injuries seem minor. If you can, document the scene with photos, gather contact and insurance information from the driver, and get statements from witnesses. Report the crash to the police and avoid discussing fault at the scene.

After the accident, consider speaking with an attorney about your accident and your legal options. Be careful when communicating with the insurance company, as anything you say can be held against you.

2. Who can be held liable in a bicycle accident?

While negligent drivers are often found liable for bicycle accidents, liability may also fall on a municipality (for unsafe road conditions), or even a manufacturer (in cases of defective bike parts or helmets). Bicyclists can also be found partially at fault if they failed to obey traffic laws. A lawyer can investigate and identify all responsible parties.

3. Do bicyclists have the same rights as drivers in California?

Yes. Under California law, bicyclists have the same rights and responsibilities as motorists when riding on the road. Drivers are legally obligated to share the road and exercise caution around cyclists.

4. Can I still recover compensation if I wasn’t wearing a helmet?

Yes, you can still pursue a claim. However, not wearing a helmet—especially if you suffered a head injury—may reduce your compensation under California’s comparative fault rules. A lawyer can help argue for your full recovery.

5. What compensation is available for bicycle accident injuries?

You may be entitled to compensation for medical bills, lost wages, pain and suffering, emotional distress, property damage (like your bike), and long-term rehabilitation. Serious injuries may also warrant damages for future care and loss of earning capacity.

6. Why should I hire a lawyer for a bicycle accident claim?

Insurance companies often undervalue cyclist injuries and may try to shift blame. A personal injury attorney can protect your rights, gather evidence, and fight to ensure you receive fair compensation for your injuries and losses.

For more information about bicycle accidents, visit our Bicycle Accident 101 Guide.