Los Angeles Bicycle Accident Lawyer

Cyclists have the same road rights as drivers

Vehicle Code § 21200(a)(1) provides that a person riding a bicycle on a highway “has all the rights and is subject to all the provisions applicable to the driver of a vehicle.”

That single sentence answers the argument that a cyclist “should not have been in the road.” A cyclist in a traffic lane is a lawful road user with the same right of way rules that apply to cars. It cuts both ways, since cyclists must also stop at signs and signals, but the starting presumption is equality, not tolerance.

The three foot rule, and the penalty that proves fault

The Three Feet for Safety Act, Vehicle Code § 21760, is the most useful provision in a passing or sideswipe case.

Section 21760(c) prohibits a driver from overtaking or passing a bicycle “at a distance of less than three feet” between any part of the vehicle and any part of the bicycle or rider, and requires the driver to change lanes when feasible.

Section 21760(b) sets the broader standard: pass at a safe distance that does not interfere with the safe operation of the bicycle, judged by size, speed, traffic, weather, visibility, and road conditions.

Section 21760(d) covers the situation drivers cite most often. If three feet is not possible because of traffic or roadway conditions, the driver must slow to a reasonable and prudent speed and may pass only when doing so would not endanger the safety of the cyclist. Congestion is not an excuse to pass close at speed.

Section 21760(e) carries a $35 infraction, rising to $220 where the violation causes a collision resulting in bodily injury. That elevated penalty reflects a legislative judgment that close passing causing injury is a distinct and more serious wrong, which is useful framing in negotiation.

The fact patterns

• Right hook. A driver passes a cyclist and immediately turns right across the bike’s path.
• Left cross. An oncoming driver turns left across a cyclist proceeding straight.
• Dooring. A parked occupant opens a door into the path of a cyclist.
• Unsafe pass, governed directly by § 21760.
• Road surface defects. Potholes, sunken utility covers, uneven pavement, and poorly maintained bike lanes affect a bicycle far more than a car. Government Code § 835 can apply to the public entity responsible, subject to the six month claim deadline in Government Code § 911.2.

Evidence

• Preserve the bicycle. Do not repair or discard it. Frame and component damage establish impact direction and force.
• Photograph the road defect the same day if the surface contributed, because repairs destroy the proof.
• Helmet and clothing document force.
• Camera footage from businesses, doorbells, and any bike or car camera, requested within days.
• Photograph the passing context, lane width, parked cars, and bike lane markings.
• Complete medical records, including symptoms that appear later.

What can be recovered, and from whom

Economic damages under Civil Code § 1431.2(b) include medical expenses, lost earnings, and loss of earning capacity. Non-economic damages include pain, suffering, emotional distress, and loss of consortium.

Sources of recovery:

• The at fault driver’s liability policy
• Your own uninsured and underinsured motorist coverage, which in many policies covers you while cycling even though you were not in your car. This is routinely overlooked and is often the largest available layer.
• A commercial policy if the driver was working
• A public entity, where a road defect contributed
• Health insurance for treatment, subject to a lien that should be negotiated

Deadlines

Two years under Code of Civil Procedure § 335.1. Six months to present a claim to a public entity under Government Code § 911.2, which is the deadline most often lost in road defect cases. For a child, Code of Civil Procedure § 352(a) tolls the limitations period during minority, though § 352(b) does not extend the government claim requirement.