Hit While Riding a Bike in California: Your Rights and Next Steps

May is Bike Month, and earlier this month Caltrans, the California State Transportation Agency, and the Office of Traffic Safety joined local advocates in Sacramento to promote it and encourage more Californians to ride. That is good news for health and traffic. It also means more people on bikes and e-bikes sharing the road with drivers who are not always paying attention.

If a car hit you while you were riding, you are probably dealing with injuries, a damaged bike, and an insurance adjuster who may already be hinting that you were somewhere you should not have been. Many cyclists are surprised to learn how clearly California law spells out their rights on the road, and how much those rules can matter to an injury claim.

Here is what you should know about the law, the arguments insurers commonly make against cyclists, and the steps that protect your claim.

You Have the Same Rights as a Driver

Under Vehicle Code section 21200, a person riding a bicycle on a highway has all the rights, and is subject to the same rules, that apply to the driver of a vehicle, except for rules that by their nature cannot apply. In California law, “highway” generally includes ordinary public streets, not just freeways.

That cuts both ways. You are expected to obey signals, stop signs, and right-of-way rules. But drivers are also expected to treat you as a legitimate road user, not an obstacle.

The risks are real. According to the National Highway Traffic Safety Administration’s most recent bicyclist fact sheet (2023 data, published July 2025), 145 bicyclists and other cyclists were killed in traffic crashes in California in 2023. Nationwide, about 49,989 cyclists were injured that year.

The Three Feet for Safety Act

Vehicle Code section 21760, known as the Three Feet for Safety Act, sets the basic passing rules for drivers:

• A driver passing a bicycle traveling in the same direction must do so at a safe distance that does not interfere with the bicycle, and never closer than three feet between any part of the vehicle and any part of the bicycle or rider.
• Since January 1, 2023, if the driver and the cyclist are in the same lane and another lane going the same direction is available, the driver must change lanes to pass, when practicable and not prohibited by law.
• If the driver cannot give three feet because of traffic or road conditions, the driver must slow to a reasonable and prudent speed and pass only when it would not endanger the cyclist.

A violation is an infraction, and the fine is higher when the violation causes a collision that injures the cyclist. In an injury claim, a driver’s failure to follow these rules can be strong evidence of negligence. Clipped mirrors, scrape marks on the side of the car, and witness accounts of a close pass can all help prove it.

”Ride as Far Right as Practicable” Has Exceptions

Insurers often point to Vehicle Code section 21202 and argue that a cyclist was too far into the lane. What the rule actually says is narrower than many people think.

The rule applies when you are riding slower than the normal speed of traffic. In that situation, you must ride as close as practicable to the right-hand curb or edge of the road, except:

• When passing another bicycle or vehicle going the same direction
• When preparing for a left turn at an intersection or into a driveway
• When reasonably necessary to avoid hazards such as parked or moving vehicles, debris, pedestrians, animals, surface hazards, or a “substandard width lane,” meaning a lane too narrow for a bicycle and a car to travel safely side by side
• When approaching a place where a right turn is authorized

On a one-way street with two or more marked lanes, you may ride as near the left-hand curb as practicable. Where a bike lane exists, Vehicle Code section 21208 generally requires slower-moving cyclists to use it, with similar exceptions for passing, left turns, debris and hazards, and approaching right turns.

In practice, this means “taking the lane” on a narrow road, or swinging out to avoid a pothole or a row of parked car doors, is often exactly what the law allows.

Dooring

Getting “doored” is a familiar danger for anyone who rides past parked cars. Vehicle Code section 22517 says no one may open a vehicle door on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with traffic. It also bars leaving a door open on the traffic side longer than necessary to load or unload passengers.

The rule applies to “any person,” so the person who opened the door may be a driver or a passenger. Depending on the facts, more than one party may share responsibility, and in rideshare or delivery situations, there may be additional insurance to look at.

E-Bikes: Know Your Class

E-bikes are now a big part of California traffic, and the rules for them depend on the class. Vehicle Code section 312.5 defines an electric bicycle as a bicycle with fully operable pedals and a motor of no more than 750 watts, in three classes:

• Class 1: pedal-assist only, with assistance that stops at 20 mph
• Class 2: may be propelled by the motor alone (a throttle), with assistance that stops at 20 mph
• Class 3: pedal-assist only, with assistance that stops at 28 mph, and equipped with a speedometer

Since January 1, 2025, the same section has also said that a vehicle modified to go faster than 20 mph on motor power alone, modified to exceed 750 watts, or modified to remove its pedals is not an electric bicycle under the Vehicle Code. That matters after a crash, because a high-powered electric motorcycle is treated differently than an e-bike when it comes to licensing, registration, and insurance.

A few other rules to know:

• Riders under 16 may not operate a Class 3 e-bike, and everyone on a Class 3 e-bike must wear a properly fitted and fastened bicycle helmet (Vehicle Code section 21213).
• Anyone under 18 must wear a properly fitted and fastened helmet on a bicycle (Vehicle Code section 21212).
• Since January 1, 2026, e-bikes must have a rear red reflector, or a solid or flashing red light with a built-in reflector, at all hours, not just after dark (Vehicle Code section 21201, as amended by AB 544).

How Fault Is Divided

California uses comparative negligence. If an insurer can show you were partly at fault, for example, riding against traffic or without a required light at night, your compensation may be reduced by your share of fault. It is generally not eliminated just because you made a mistake. Our post on what a case may be worth explains how fault and damages fit together.

What to Do After You Are Hit

The steps in our first 24 hours guide apply to cyclists, with a few additions:

1. Call 911 and get medical care. In a bike crash, riders can strike their head, shoulder, or wrist. A concussion or fracture may not be obvious at first.
2. Get the driver’s information and a police report. Make sure the report reflects that you were on a bike and where you were in the road.
3. Do not repair or throw out your bike, helmet, or clothing. Damage patterns help show how the crash happened. Photograph everything before anything is moved.
4. Look for video. Many cyclists ride with cameras, and businesses, buses, and doorbell cameras often capture crashes. Footage may be overwritten quickly.
5. Check your own auto policy. If you carry uninsured motorist coverage on a car policy, it may apply to you even though you were on a bike when the driver was uninsured or fled. Policy terms vary.
6. Avoid recorded statements to the driver’s insurer until you understand your rights.

John Reardon spent nearly two decades treating injured patients as a chiropractor before becoming a lawyer, so we pay close attention to whether your records capture the full picture: a sore shoulder from hitting the pavement, a wrist that never quite healed, or headaches that started after the crash.

Deadlines

Most California personal injury lawsuits must be filed within two years under Code of Civil Procedure section 335.1. If a city bus, a government vehicle, or a dangerous road condition was involved, a claim to the public entity generally must be presented within six months under Government Code section 911.2. Our post on government claims deadlines covers that process.

Get Help From a California Bicycle Accident Lawyer

Being hit on a bike is frightening, and dealing with an insurer that wants to blame you makes it worse. Our bicycle accident team can look at what happened, gather the evidence, and explain your options under California law. If you ride a motorcycle as well, our post on motorcycle accidents, lane splitting, and helmets covers the rules that apply on two wheels with an engine.

The consultation is free, and you pay nothing unless we recover compensation for you. Call us at 657.522.7122.