Quick Questions
- The dangers of bicycle accidents in California
- What are some of the common causes of bicycle accidents in Los Angeles?
- What types of injuries occur in Los Angeles bicycle accidents?
- What damages are available for a bicycle accident claim?
- Who is responsible for a bicycle accident in Los Angeles?
- How much time do I have to file a bicycle accident claim?
- How fault is determined in a bicycle accident
- How can an experienced Los Angeles bicycle accident lawyer help me?
- Do you have a bicycle accident lawyer near me?
The dangers of bicycle accidents in California
Bicycle accidents are unfortunately common and are more likely to be severe or fatal because of the lack of protection cyclists have compared to those in cars. Nationwide, in 2024(opens in new tab), 1,075 bicyclists lost their lives in crashes involving motor vehicles, which is the third-highest annual total ever recorded.
The overwhelming majority of those killed, 89 percent, were adults aged 20 and older. And as has been the case every year since 1975, male bicyclists accounted for a significantly greater share of fatalities than female bicyclists.
What are some of the common causes of bicycle accidents in Los Angeles?
Bicyclists who ride in urban areas are constantly on the lookout for other vehicles to make sure that they can make it to their destination in one piece. Drivers of motor vehicles are often not keeping an eye out for bicyclists with an equal degree of vigilance, which can lead to disaster.
The following are a few examples of common factors that cause bicycle accidents:
- Driver intoxication (or cyclist intoxication)
- Distracted drivers
- Failure to yield right of way
- Failure to check the rearview mirror or camera before backing up
- Speeding
- Defective road design
- Opening car doors without checking whether a cyclist is coming
- Drivers stopping in bike lanes, forcing riders to drive into traffic
What types of injuries occur in Los Angeles bicycle accidents?
When it comes to traffic accidents, bicycle riders are at a clear disadvantage because they are not protected by the hood, roof, front, back, or sides of a vehicle during a collision. Many bicycle riders can fall and be injured even if they aren’t struck directly by the car. If the car does strike the cyclist, the rider suffers two impacts – the force of the car and then the fall to the ground. In a crash involving a vehicle and a bicyclist, serious injuries can occur, including:
- Traumatic brain injuries (TBIs) disrupt the normal function of the brain, and the effects of the injury can be mild (concussion) or severe, with ongoing health problems, physical and mental disability.
- Back and neck injuries in a bicycle accident might include slipped, herniated, or ruptured discs, which cause pain and disability.
- Spinal cord injury can result in total paralysis, leaving the injured person relegated to a wheelchair, or partial paralysis with the loss of sensation and function below the site of the injury on the spine. An SCI can also cause ongoing health challenges such as infection and respiratory problems.
- Bone fractures such as skull fracture, broken collarbone or ribs, broken pelvis, hip, knee, ankle, foot, arm or wrist can occur in a bicycle accident.
- Limb loss or amputation is a devastating injury that can happen because the bicyclist has no protection from vehicles on the road.
- Cuts and lacerations from hitting the pavement if you are thrown from your bicycle, from debris on the road, or broken glass scattered around the accident scene.
- Internal injuries such as kidney damage, ruptured liver or spleen, punctured lung, internal bleeding, and other injuries that can occur from the impact trauma of a bike accident.
Some bicycle accidents are so serious that you will not be able to work while the injury heals. Our attorneys work tirelessly to represent your personal injury claim and seek the largest possible recovery through a settlement or civil trial.
We also file wrongful death claims if a loved one died in a bicycle crash in the Los Angeles area.
What damages are available for a bicycle accident claim?
You may be able to claim the following categories of damages depending on the facts of your case:
- Medical expenses related to the injury
- Lost wages from time spent recuperating from your injuries
- Pain and suffering
- Emotional distress
- Loss of consortium for an injured cyclist’s spouse or registered domestic partner, where applicable
- Other losses
Who is responsible for a bicycle accident in Los Angeles?
The people liable for the accident generally include:
- The driver of a car, truck, motorcycle, or any other type of vehicle
- The owner(s) of the vehicle if different than the driver and the driver was operating it with the owner’s permission
- An employer if the driver was acting within the scope of employment
- A parent, guardian, or another adult under California’s statutory exceptions involving alcohol furnished to minors(opens in new tab) who then crash into a cyclist.
- The state of California, a state agency, or a state entity if a dangerous condition of public property caused the accident and the applicable requirements for liability based on a dangerous road condition are met
Determining liability is an important part of your claim because you need to know who to file against. A lawyer will investigate the case and figure out all potential parties that might be legally responsible.
How much time do I have to file a bicycle accident claim?
The statute of limitations(opens in new tab) for most bicycle accidents in California is two years. Some exceptions may apply. Do not wait. It is best to contact our office as soon as possible after a traffic accident.
There are exceptions worth being aware of. If the injured party is a minor, the statute of limitations may not begin running until they reach adulthood. In situations where injuries were not immediately apparent, the timeline may be affected as well, though these situations are rare.
Claims involving a government entity follow a different and significantly shorter timeline.
If a poorly maintained road, defective bike lane, missing signage, or another condition under a government agency's control contributed to the accident, California law generally requires that a formal claim be filed with the relevant agency within six months after the cause of action accrues.
Missing that window can eliminate the ability to pursue that portion of a claim entirely, even if the two-year period has not yet expired.
How fault is determined in a bicycle accident
When determining fault in a bicycle accident, the facts of the collision are examined, and the same fundamental standards of negligence that apply in other personal injury cases are applied. The key issue is whether there was a breach of the duty of reasonable care by a person, and whether the breach caused the accident.
What investigators and attorneys look at
Usually it starts with the police report, which includes the observations of the officer who responded and any citations issued at the scene. From there, the investigation broadens to include physical evidence from the crash scene, damage to the bike and any cars involved, traffic camera or surveillance footage, and testimony from witnesses who observed what happened.
How traffic laws factor in
Violations of traffic laws play a significant role in fault determinations. A driver who ran a red light, failed to yield, or was texting at the time of the crash has already provided a strong basis for establishing their negligence. The same applies to a cyclist who was riding against traffic or ignored a stop sign; fault is not automatically assigned to the driver simply because a motor vehicle was involved.
When fault is shared
In many bicycle accident cases, more than one party bears some degree of responsibility. A driver may have been distracted while a cyclist was also riding outside of the designated bike lane when required by law to remain in it.
California follows pure comparative fault for personal injuries, including bicycle accidents, meaning an injured party can still recover damages if they’re partially responsible for the accident, though their compensation is reduced by their percentage of fault.
The role of expert analysis
In more complex cases, accident reconstruction specialists may be brought in to analyze vehicle speeds, braking patterns, point of impact, and other technical details that help establish an overview of what really happened. Medical experts may also weigh in on how the injuries are consistent with the collision and how the injuries are going to affect the cyclist.
How can an experienced Los Angeles bicycle accident lawyer help me?
At McNicholas & McNicholas, LLP, our Los Angeles bicycle accident lawyers understand the challenges you face when you are pursuing compensation for injuries sustained after being hit by a car. Bicycle accidents can be complicated, but we are always here to fight for you and help you pursue justice.
Our personal injury attorneys prepare the strongest case possible to hold negligent parties and their insurers liable for your injuries and losses.
In cases where the defendant tries to shift blame for the accident onto you, we are diligent about presenting the truth about what happened so that you can seek the maximum compensation possible. If you have been injured in a bicycle accident and you have questions about your legal options, schedule a consultation so that we can answer your questions and advise you on next steps.
Do you have a bicycle accident lawyer near me?
We meet personal injury clients at our Los Angeles office located at 10866 Wilshire Blvd., Suite 1400.
We also meet clients at their home when necessary. Online video conversations are also an option. Our lawyers will answer all your questions and guide you through each phase of the claims process.
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