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).
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 cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
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 is licensed in California.