Catastrophic Injury · Bicycle
California Bicycle Accident Attorney
Civil representation for cyclists seriously injured by vehicles, dooring incidents, infrastructure failures, or hit-and-run drivers in California.
Vulnerable users, often serious injuries.
Cyclists are vulnerable road users
California law treats bicycles as vehicles for most rules of the road (Cal. Veh. Code § 21200), but the physical reality is different — a cyclist has no protective shell. Even a low-speed collision with a vehicle can produce severe injuries: traumatic brain injury, spinal injury, fractures, road rash, and fatalities. Properly prepared bicycle cases focus on (a) the at-fault driver's specific negligence, (b) the absence of contributory fault by the cyclist, and (c) the full extent of injuries.
Common case scenarios
- Right-hook collisions — vehicle turns right across cyclist's path
- Left-cross collisions — vehicle turning left fails to yield to oncoming cyclist
- Dooring — parked vehicle's driver opens door into cyclist's path (Cal. Veh. Code § 22517)
- Rear-end collisions — vehicle strikes cyclist from behind
- Hit-and-run — driver flees the scene
- Roadway and infrastructure hazards — potholes, defective bike lanes, missing signage (premises or government liability)
- Trail and path collisions — including with other users or unsafe conditions
Applicable California law
Cal. Veh. Code § 21200 (bicycles subject to vehicle code); § 22517 (dooring); §§ 21202–21210 (lane positioning, paths, sidewalks); Cal. Civ. Code § 1714 (negligence); Cal. Code Civ. Proc. § 335.1 (statute of limitations). For government infrastructure cases, Cal. Gov't Code § 911.2 imposes a six-month claim presentation deadline.
Insurance coverage analysis
Cycle-vs-vehicle cases typically involve the at-fault driver's auto insurance. Where the driver is uninsured or underinsured, the cyclist's own auto insurance UM/UIM coverage may apply (yes — auto policies generally cover the insured while cycling). Hit-and-run cases trigger UM coverage. We work through the coverage analysis as part of every case workup.
Damages
Bicycle cases are typically damages-driven because the injuries are usually serious. Recoverable damages include past and future medical expenses, lost earnings and lost earning capacity, life-care needs for severe injuries, pain and suffering, scarring and disfigurement, and punitive damages where defendant conduct supports them (e.g., DUI-caused crashes, hit-and-run flight).
Serving Fresno & the Central Valley
From commuters on Shaw and Blackstone to club riders in the Sierra foothills, Fresno-area cyclists share fast, wide arterials with heavy vehicle traffic. Wherever the collision happened — Fresno, Clovis, Madera, Chowchilla, Sanger, Selma, Reedley, Visalia, or the foothill and mountain communities — the case is handled from our Fresno office, with statewide reach when the case requires it.
Cases from this region are typically filed in the Fresno County Superior Court or the United States District Court for the Eastern District of California, both a short drive from our office at 1265 W. Shaw Ave. Attorney Milligan has practiced from Fresno for more than 28 years. See all communities we serve →
Common Questions
I was hit by a hit-and-run driver. Can I still recover?
Often yes, through your own auto insurance UM (uninsured motorist) coverage. Most California auto policies include UM coverage that applies to the insured while cycling. Hit-and-run is treated as an uninsured-motorist event.
I wasn't wearing a helmet. Does that hurt my case?
California requires helmets only for cyclists under 18 (Cal. Veh. Code § 21212). For adults, failure to wear a helmet may be admissible on damages mitigation for head injuries, not on liability for the crash itself. Lower-body injuries are unaffected.
The cyclist crashed without contact from a vehicle — can I still sue?
Sometimes yes. If the crash was caused by a roadway defect, debris, dooring, or another driver forcing evasive action, there may be a viable claim against a non-vehicle defendant (city, county, property owner, or the driver who created the hazard).
Are bicycle cases different from car accident cases?
Yes. Defense often presses contributory-fault arguments ("the cyclist shouldn't have been there"), and juries sometimes carry biases. Trial-ready preparation matters more in bicycle cases than in routine car accidents.
For a confidential review of your case:
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury.”
Chief Justice John Marshall · Marbury v. Madison (1803)
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan, APC is licensed in California.