Hit by a Cyclist in California? Learn Where You Stand

Can you sue a cyclist for hitting you? Often, yes. The key question is whether the cyclist’s careless act caused your injury.

Short answer: a cyclist can generally be sued for negligence

A cyclist can generally be sued for negligence when careless riding causes harm. Negligence means a person failed to use reasonable care, and that failure caused the injury. Civil Code § 1714 makes everyone responsible for injury caused by a want of ordinary care in managing their person or property. Cal. Civ. Code § 1714 reads: “(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” That duty reaches cyclists too.

The injured person must show the cyclist acted unreasonably and that this led to the harm. For the wider picture of two-wheeled crash claims, read our motorcycle accident lawyer guide.

The rules a cyclist must follow in California

A careful rider does these things without thinking about it.

Courts can use a broken traffic rule as evidence of carelessness. Under Evidence Code § 669, a person is presumed not to have used due care if they violated a statute, ordinance, or regulation of a public entity, that violation caused injury, and the injury was the kind the rule was meant to prevent. The injured person must also belong to the group the rule protects.

The cyclist can rebut that presumption. They can show they did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who wanted to comply with the law. If the cyclist was a child, they can show they used the care ordinarily used by children of similar maturity, intelligence, and capacity, unless the activity is one normally done only by adults and requiring adult qualifications. A rule violation is not the only proof, but it can carry real weight in a claim.

The elements a claimant must prove

• Duty: The cyclist owed ordinary care to drivers, pedestrians, and other riders sharing the road.
• Causation: The careless act directly led to the crash and the injury. This is often the most disputed element, because crashes happen fast and witnesses often see them differently.
• Damages: The losses are real and can be documented. Under Civil Code § 1431.2, economic damages are objectively verifiable losses, such as medical bills, lost earnings, and repair costs. Non-economic damages are losses such as pain, suffering, and emotional distress.

Common situations that lead to these claims

Claims usually arise when a cyclist breaks a basic road rule at a moment when another road user cannot react. Four patterns come up often.

A cyclist runs a red light or stop sign and strikes a car, motorcycle, or pedestrian in the intersection. A cyclist turns or changes lanes without signaling or checking for traffic, leaving a driver no time to stop. A cyclist rides out from between parked cars or a driveway into the path of a vehicle. A cyclist rides into a crosswalk against the signal and hits someone on foot.

Drivers have duties too. For example, a driver must yield to a pedestrian crossing the roadway within a marked crosswalk or within an unmarked crosswalk at an intersection, except as otherwise provided in this chapter, under Vehicle Code § 21950. So the facts of each crash decide who was careless. Sometimes the cyclist is the one who was hurt by a driver’s mistake, and that person may have the claim.

How fault is divided when both sides share blame

The Daly v. General Motors decision restates this rule from Li v. Yellow Cab Co. Under that rule, damages are reduced by the injured person’s share of fault. A plaintiff found 70 percent at fault would still recover 30 percent of their damages.

Police reports, witness statements, photos of the scene, traffic camera footage, and damage patterns on the bike and vehicles all help. How a fault split plays out depends on the facts.

When more than one party is at fault, each defendant’s share of non-economic damages is generally tied to its own percentage of fault. Civil Code § 1431.2 sets that rule. No one can predict in advance how a jury will split fault.

Deadlines and what to do right after the crash

Most California personal injury lawsuits must be filed within two years of the injury. Code of Civil Procedure § 335.1 sets that two-year period, and it also covers an action for the death of an individual caused by another’s wrongful act. The California Courts self-help guide on deadlines notes that exceptions and tolling can apply.

Property damage can follow a different clock. The California Courts self-help guide on property damage explains that a vehicle owner may seek repair or replacement costs.

Right after a crash, get medical care and keep every record. Report the crash to police, photograph the scene and vehicles, and write down witness names. Be careful about statements on fault until the facts are clear.

Quick answers

Talking with Colvin Accident Lawyers about your situation

If you’re still recovering, or you’re trying to understand what happened to someone you love, you don’t have to decide everything today. Many people are sorting out medical bills, a damaged bike or car, and a lot of unanswered questions.

Colvin Accident Lawyers is a personal injury firm based in Bakersfield, California. The firm, based in Bakersfield, handles bicycle, motorcycle, pedestrian, and other accident claims.

If you want to talk through the facts of your crash, contact Colvin Accident Lawyers. Your first consultation is free, confidential, and carries no obligation to continue.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.