Bicycle accidents cause serious injuries, financial costs, and emotional distress. Victims have the right to sue when the crash is due to a careless motorist, unsafe road conditions, or faulty bike components. Lawsuits for bike accidents enable injured riders to recover for medical bills, lost income, pain and suffering, and other losses.
If you or a family member has been hurt in a bicycle accident caused by another person’s negligence, being aware of the legal process will enable you to get the compensation you are entitled to.
Common Causes of Bicycle Accidents
Bicycle accidents can happen for various reasons, but many are caused by the negligence of motorists, government agencies, or product manufacturers. Some of the most common causes include:
- Driver Negligence
- Distracted driving (texting, talking on the phone)
- Failing to yield to cyclists
- Running red lights or stop signs
- Speeding or reckless driving
- Drunk or impaired driving
- Poor Road Conditions
- Potholes, cracks, and uneven pavement
- Lack of proper bike lanes
- Poorly maintained roads or construction debris
- Malfunctioning traffic signals
- Bicycle or Vehicle Defects
- Brake failure
- Defective bike tires or frames
- Faulty car parts leading to loss of control
Determining the cause of the accident is a crucial step in building a strong case for compensation.
Who Can Be Held Liable for a Bicycle Accident?
Liability in bicycle accidents depends on who caused the crash. Potentially responsible parties include:
- Negligent Drivers – If a driver violates traffic laws, drives recklessly, or fails to yield to a cyclist, they may be held liable.
- Government Entities – If a hazardous road condition contributed to the accident, the city, county, or state responsible for maintaining the road could be held accountable.
- Bicycle or Vehicle Manufacturers – If a defective part caused or contributed to the accident, the manufacturer may be liable for damages.
- Property Owners – If an accident occurred due to hazards on private property (e.g., a parking lot or driveway), the property owner might be responsible.
Steps to Take After a Bicycle Accident
If you are involved in a bicycle accident, taking the right steps can help protect your rights and strengthen your legal claim:
- Seek Medical Attention – Even if injuries seem minor, some symptoms may appear later. A medical report is crucial for your case.
- Call the Police – A police report will document the accident details and can serve as vital evidence.
- Gather Evidence – Take photos of the accident scene, your injuries, the bicycle, and any vehicles involved.
- Get Witness Information – Statements from bystanders can help prove fault.
- Avoid Admitting Fault – Do not apologize or make statements that could be used against you.
Consult a Bicycle Accident Lawyer – An experienced attorney can help evaluate your case and guide you through the legal process.
Types of Compensation in Bicycle Accident Lawsuits
If another party is responsible for your bicycle accident, you may be entitled to compensation, including:
- Medical Expenses – Covers hospital visits, surgeries, rehabilitation, and future medical care.
- Lost Wages – Compensation for time off work due to injuries.
- Pain and Suffering – Includes physical pain, emotional distress, and diminished quality of life.
- Property Damage – Covers repairs or replacement of your damaged bicycle and gear.
- Wrongful Death Damages – If a loved one was fatally injured, family members may pursue a wrongful death claim.
Filing a Bicycle Accident Lawsuit
The legal process for a bicycle accident lawsuit typically involves:
- Consultation with a Lawyer – An attorney reviews your case and explains your legal options.
- Investigation and Evidence Collection – Gathering police reports, medical records, witness statements, and accident reconstructions.
- Filing an Insurance Claim – Negotiating with insurance companies for a fair settlement.
- Filing a Lawsuit (If Necessary) – If a settlement cannot be reached, a lawsuit may be filed to pursue compensation in court.
- Settlement or Trial – Many cases settle out of court, but some proceed to trial for a final judgment.
Time Limits for Filing a Bicycle Accident Lawsuit
Each state has a statute of limitations for personal injury claims. In most cases, bicycle accident victims must file a lawsuit within two to three years from the date of the accident. However, if the case involves a government entity, shorter deadlines may apply.
How a Bicycle Accident Lawyer Can Help
Hiring an experienced attorney can make a significant difference in the outcome of your case. A lawyer can:
- Investigate the accident and gather crucial evidence
- Handle communication with insurance companies
- Negotiate a fair settlement
- Represent you in court if necessary
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
