Frequently Asked Questions

Multiple parties can be at fault for a bicycle or e-bike accident in California, which can affect how much compensation you receive and who you seek compensation from. Potentially liable parties for bike accidents in California include:

• Negligent drivers
• Vehicle owners
• Employers of negligent drivers
• Bike and e-bike manufacturers
• Makers of faulty helmets
• Other cyclists
• Local road authorities

Bicycle accident liability depends on numerous factors, including the parties involved, the nature of the crash, and various causes or contributing factors in the collision.

Negligent Drivers

If a commuter, truck driver, or Uber/Lyft driver is speeding, reckless, distracted while driving, or driving under the influence of drugs or alcohol, they can be held liable for causing a bicycle or e-bike accident.

Vehicle Owners

If the owner of a car, pickup truck, SUV, or van lent their vehicle to another person who caused a bike accident, the vehicle owner could be held liable for contributing to the accident.

Employers of Negligent Drivers

Rideshare companies, trucking companies, and delivery companies can be held liable if their policies encourage reckless behavior from their drivers or if the company failed to identify red flags in hiring a driver.

Bike and E-Bike Manufacturers

Bicycle and e-bike makers can be held responsible for design flaws, poor quality control issues, unsafe speed controls, battery fires, or problems in manufacturing.

Makers of Faulty Helmets

Bike helmets are supposed to mitigate injuries in a crash. If a bicycle helmet is poorly designed or manufactured using low-grade materials, the makers of the helmet could be held liable for putting profits over public safety.

Other Cyclists

If another cyclist is reckless, aggressive, or biking under the influence (California Vehicle Code 21200.5), they can be held liable for injuries to other cyclists.

Local Road Authorities

When state and local governments fail to maintain roads or address known safety issues on major roads, government entities and road authorities can be held liable for their role in a crash.

Danko Meredith has handled two major cycling accidents that involved issues with road design and road safety:

• • $9.5 Million Verdict in a Fatal Accident Involving a Cyclist: A 62-year-old Bay Area man was hit by a car while crossing El Camino Real. Our attorneys discovered that the crosswalk where the man was hit was deemed unsafe for cyclists and pedestrians due to obstructed views of oncoming traffic.

• $2.2 Million Judgement for a Cyclist’s Brain Injury: A 41-year-old cyclist in Hawaii suffered a traumatic brain injury (TBI) after riding over a base mount for a reflector pole that had been missing for months. Our lawyers found that the road was unsafe due to the presence of these reflector polls in the path of cyclist traffic.

You Can Still Seek Compensation If You Were Partly Liable in an Accident

If you were partially at fault in a bicycle or e-bike accident, you can still seek compensation for your injuries, damage to property, medical bills, and loss of income. This is because California operates under a pure comparative negligence rule.

Under pure comparative negligence, you can seek compensation even if you were partly or mostly at fault in a crash. Your compensation would be reduced by your share of liability in the accident.

Many insurance companies will try to ascribe more blame to cyclists in a collision in order to reduce their payouts. The Redwood City bicycle and e-bike accident attorneys at Danko Meredith can help you push back against these claims and seek maximum compensation.

Insurance is a major source of compensation for people involved in a bike or e-bike accident. Depending on what happened in the bike accident, you may be eligible for compensation from the at-fault driver’s liability coverage as well as your own car insurance, homeowners or renters insurance, and medical insurance.

What Are My Insurance Options After a Bike Accident?

Your insurance options after a bike accident will depend on the nature of the accident and the parties involved. Here is a brief overview of insurance options after a bicycle or e-bike crash.

Options for Cyclists Hit by a Vehicle

If you were hit by a car, pickup, SUV, or other motor vehicle while on your bike, you can cover some of your medical bills and vehicle repairs through the at-fault driver’s auto insurance and your own car insurance.

Options for Cyclists in a Solo Accident (No Other Vehicle Involved)

If you were in a solo bike or e-bike accident that was not caused by another vehicle, you will primarily rely on your own health insurance to help cover your injuries. In addition, your homeowners or renters insurance may cover some of your vehicle damage.

Options for Cyclists in a Collision with Another Cyclist or Pedestrian

If you hit another cyclist or a pedestrian while on your bike, the liability coverage in your homeowners or renters insurance can help cover the injured party’s medical bills. If you have Medical Payments Coverage (MedPay), this may also apply.

Can My Car Insurance Help Even If I Was Riding a Bike and Not Driving?

Yes. Personal Injury Protection (PIP) in your auto insurance coverage could be used to help cover medical expenses after you’ve been in a bike or e-bike accident.

How Long Do I Have to Report a Bicycle Accident to Insurance?

It’s best to report a bike accident to your insurance provider as soon as possible, generally within 72 hours of the incident.

As noted by the California Department of Motor Vehicles (DMV), you or your insurance company will need to report a traffic accident to the DMV within 10 days if someone was injured (no matter how minor) or killed in the incident, or if property damage exceeds $1,000.

What If I Got Hurt in a Hit-and-Run Accident on My Bike?

If a driver flees the scene and cannot be identified, injured cyclists will need to rely on their insurance to help pay medical bills and assist with repairs. In these situations, MedPay and uninsured/underinsured motorist (UM/UIM) coverage can be helpful.

As noted by the California Department of Insurance, UM/UIM coverage is optional, yet it can be very helpful if you were hit by someone who lacks liability insurance or if you were in a hit-and-run.

What Should I Do If the Driver’s Policy Limits Aren’t Enough to Cover My Injuries?

Many injured cyclists have bills that exceed auto insurance coverage limits. This is particularly true if a cyclist experiences a catastrophic injury that causes long-term or permanent impairment, such as a neck or spinal cord injury (SCI) or a severe concussion or traumatic brain injury (TBI).

This is when you should speak with a lawyer about your options. A skilled attorney can review your insurance coverage and the potential for filing a lawsuit, determining the best path forward given your situation.

Dooring is a type of bicycle/e-bike accident involving a vehicle’s open doors and an approaching cyclist. During these accidents, a driver or a passenger opens their door into a bike lane, street, or sidewalk, blocking the path of an approaching bike or e-bike. The cyclist is unable to swerve out of the way in time, striking the door at full speed.

Dooring can also occur if the door to a vehicle is left open for a prolonged period of time, obstructing a bike lane or an otherwise clear path for cyclists.

Why Is Dooring So Dangerous for Bay Area Cyclists?

When a cyclist hits the door in their path, it can cause potentially serious injuries, including:

• Broken bones and joints
• Head trauma and brain injuries
• Road rash and other lacerations
• Facial and dental injuries
• Neck, back, and spine injuries

Cycling is a very real danger for cyclists throughout the Bay Area. Vehicles may be parked along the curb near designated bike lanes; some vehicles may be double-parked in bike lanes. Dooring can also happen in quiet residential neighborhoods and suburbs if drivers or passengers are not paying attention before they exit a vehicle.

Cyclists may try to swerve out of the way to avoid the door, which can cause the cyclist to turn into traffic or lose control of the bike or e-bike.

Does California Have Laws About Dooring?

Yes. California Vehicle Code 22517 (CVC 22517) states:

“No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”

Who Is at Fault in a Dooring Accident?

In many dooring accidents, the person who opens the door of a vehicle into a cyclist’s path is usually the at-fault party.

An investigation can determine who should be held liable for your injuries, bike repair or replacement, and other losses associated with the dooring accident.

Cyclists Can Still Seek Compensation If They Are Partly at Fault

If you are a cyclist who shares some liability in a dooring accident, you can still seek compensation in the state of California. This is because California operates on a pure comparative negligence rule.

Under pure comparative negligence, you can seek compensation if you were partly or mostly at fault for an accident. Your compensation will be reduced based on your share of blame.

How Can I Avoid Getting Doored?

While riding your bike or e-bike, consider the following safety advice to help prevent dooring accidents:

• Stick to the left of the bike lane, maintaining four feet from vehicles if possible
• Ride safely in an adjacent lane away from parked vehicles if there is no bike lane or if the lane is too close to parked vehicles
• Pay attention to vehicle occupants in nearby vehicles, and if hazard lights are on
• Ride slowly while near any parked or double-parked vehicles
• Use your bell or speak up to notify drivers or passengers of your approach

What Should I Do If I Get Doored?

If you get doors, be sure to:

• Call 911
• Exchange information with the driver or passenger
• Get contact info from any witnesses
• Take photos of the accident site, your bike, the vehicle, and your injuries
• Seek immediate medical attention
• Contact the Redwood City bike/e-bike accident lawyers of Danko Meredith

It depends. In California, a cyclist is typically not considered a pedestrian while they are riding their bicycle in the street or a bike lane. However, a cyclist can be treated like a pedestrian in California when they are walking their bicycle on the sidewalk or in a crosswalk.

What Is the Legal Definition of “Pedestrian” in California?

According to California Vehicle Code 467, a pedestrian is someone who is afoot or:

• Uses a means of human-propelled conveyance other than a bicycle
• Uses a personal assistive mobility device

CVC 467 further notes that the term “pedestrian” includes people who are physically disabled and use a self-propelled wheelchair, motorized tricycle, or motorized quadricycle for mobility.

Are Bicyclists Treated Like Drivers in California?

While riding a bicycle in the street or in a bike lane, cyclists are typically treated like motorists. Per California Vehicle Code 21200, anyone riding a bike or e-bike is subject to all the provisions applicable to the driver of a vehicle. As such, cyclists need to follow traffic laws as if they were operating a motor vehicle.

The California Department of Motor Vehicles (DMV) also notes that bicyclists have the same rights and responsibilities as motorists, noting separate rights and duties for pedestrians in the state.

Can a Cyclist Be Treated Like a Pedestrian in California Under Certain Situations?

Yes, though the cyclist must not be riding their bike to be classified as a pedestrian.

In such situations, a cyclist is considered a pedestrian only when they are walking their bike on the sidewalk or in a crosswalk.

Why Does It Matter If a Cyclist Is Treated Like a Pedestrian or a Motorist?

Classification as a pedestrian or a motorist makes a major difference when it comes to right-of-way, issuing tickets and penalties for certain actions on the road or sidewalk, and determining fault in case of an accident.

Keep in mind that this can vary from city to city in California. There is no single statewide law in California regarding cyclists on sidewalks. Individual counties and cities are allowed to create their own laws for bikes and e-bikes on sidewalks based on the needs of their community.

Can a Cyclist Be Found Partially at Fault Because They Weren’t Acting Like a Pedestrian?

Yes. Since different counties and cities in California have local laws that pertain to cyclists, it’s possible for cyclists to be partly at fault in accidents if they were not abiding by those laws.

For example, say that someone is riding their bike or e-bike on the sidewalk in a part of California that does not permit cyclists on the sidewalk. If that bicyclist gets hit and seriously injured by a vehicle that’s pulling out of a driveway, the cyclist could be held partially liable for the accident. This means the cyclist’s total compensation will be reduced by their share of liability in a crash. This could lead to a substantial reduction in the injured cyclist’s overall compensation.

Yes, bicyclists in California have to come to a complete stop at stop signs and stop signals. This applies to cyclists throughout the state of California. Failing to come to a complete stop at a stop sign while riding your bike can result in some penalties, and it could affect compensation if you were injured in a bicycle or e-bike accident.

Are Bicycles Treated Like Cars Under California Traffic Laws?

Yes. California’s bicycle stop sign law is covered under California Vehicle Code 21200. CVC 21200 states that anyone riding a bicycle is subject to all the provisions applicable to the driver of a vehicle. This includes observing traffic signals and stop signs.

Stopping at stop signs applies to city streets as well as residential streets, even in quiet neighborhoods.

Is the “Idaho Stop” Legal in California?

No. An “Idado stop” means that a cyclist can treat stop signs as yield signs. Since California cyclists are subject to the same rules as motor vehicles, a bike must come to a complete stop at a stop sign or stop signal.

There have been movements for California to adopt this stop-as-yield policy for cyclists. This has been referred to as a “safety stop” law. However, stopping at stop signs remains the law.

Where Should a Bicyclist Stop at an Intersection?

Following guidelines from the California Department of Motor Vehicles (DMV), cyclists should follow these rules on where to stop:

• If There Is a Limit Line: Cyclists should stop before the limit line. This is the wide white line that shows where to stop before a crosswalk or intersection.
• If There Is No Limit Line: If there is no limit line, cyclists should stop before they enter the crosswalk of an intersection.
• If There Is No Crosswalk: If there is no crosswalk, cyclists should stop before they enter the intersection.

Who Has the Right-of-Way at Two-Way and Four-Way Stops?

When considering the right-of-way on a bicycle, here is what the California DMV says:

• Four-Way Intersections: The vehicle that arrives at the intersection first will typically have the right-of-way. If someone gets to the four-way intersection at the same time as you do, you give the right-of-way to the vehicle, cyclist, or pedestrian to your right.
• Two-Way Stops and T Intersections: At two-way stops and T-shaped intersections, always yield the right-of-way to the vehicles on the through road or any pedestrians and cyclists traveling with the through road.

What Happens If You Roll Through a Stop Sign on a Bike in California?

If you roll through a stop sign or blow through a stop sign on your bike, you could be issued a ticket and fined.

Can a Cyclist Be Found Partially at Fault for Not Fully Stopping at a Stop Sign?

Yes. If you do not come to a full stop at a stop sign on your bicycle and get into an accident, you can be held partially liable.

If you get hit by a vehicle in such a situation, you may receive less compensation from insurance or damages in a legal claim due to California’s pure comparative negligence laws. This means that your compensation gets reduced by your share of liability in an accident.

In California, you are generally prohibited from riding your bicycle on the freeway. There are some designated bike lanes along select portions of freeways and expressways in California. These are the only places you will be legally allowed to ride your bicycle on a freeway, expressway, or highway.

The high speeds and volume of traffic on these kinds of roads make them unsafe for cyclists and pedestrians. An accident with a cyclist or pedestrian on a freeway, highway, or expressway can lead to severe injuries or fatalities.

What Does California Law Say About Riding Bikes on the Freeway?

State law regarding cyclists on freeways is covered by California Vehicle Code 21960. CVC 21960 states that the California Department of Transportation or local authorities “may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles, or other nonmotorized traffic.”

CVC 21960 does note an exception to this prohibition: “The driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available.”

Do E-Bikes Follow the Same California Freeway Rules as Regular Bicycles?

Yes. E-bikes are also prohibited from riding on expressways and freeways unless there are signs that state otherwise.

CVC 21960 has language that prohibits these vehicles from riding on expressways and freeways: motor-driven cycles, motorized bicycles, motorized scooters, or electrically motorized boards. 

Can I Ride My Bicycle or E-Bike on Highways in California?

It depends. Some scenic highways have signs allowing cyclists in certain stretches of the road, such as parts of Highway 1. Many highways do not have these signs, nor the biking infrastructure to ensure the safety of any cyclists.

To cycle safely and legally, pay attention to the posted signs regarding cycling, and be mindful of cars and other vehicles that may be on the road.

What Happens If I Ride My Bike on a Restricted Roadway in California?

If you ride your bike on a prohibited highway or freeway in California, you are likely to be cited by police officers and pay a fine. You may also be detained and have your bike or e-bike confiscated, depending on what occurred.

What Happens If I Get Into an Accident Riding My Bike or E-Bike on an Expressway or Highway?

The injuries in a high-speed bicycle accident can be severe. You may suffer from catastrophic injuries, including brain injuries/head trauma, and injuries to the neck and spinal cord. These kinds of physical trauma can result in long-term or permanent disability, impacting your ability to live independently and earn a living.

California operates under a pure comparative negligence rule, which means you can still seek compensation if you were partly or mostly at fault in an accident. Your share of liability will be deducted from any compensation you receive.

Regardless of what happened in your accident, it’s a good idea to speak with our bike and e-bike accident lawyers in Redwood City about what happened.

Sometimes, but this depends on the city or part of the city you’re in.

California does not have a statewide law on whether bikes and e-bikes are allowed on the sidewalk. Instead, the state leaves these decisions up to local counties and governments. Some places allow cyclists on sidewalks, some do not, and others have specific exceptions.

What Does California State Law Say About Riding Bikes and E-Bikes on Sidewalks?

According to California Vehicle Code 21960, local authorities are allowed to regulate whether bicycles and e-bikes are allowed on the sidewalk.

This means that cities and counties throughout California can have different laws on whether bicycles are allowed on sidewalks. Many of these local regulations focus on pedestrian safety, types of roads that are nearby, the local biking infrastructure, and other factors specific to that part of California.

Bicycle and Sidewalk Laws for Different Cities in the Bay Area

Since different parts of California have their own laws regarding biking on the sidewalk, here are a few examples of these rules in the Bay Area.

• Redwood City Rules for Biking on Sidewalks: In Redwood City, the municipal code prohibits people from riding their bicycles on sidewalks.
• San Francisco Rules for Biking on Sidewalks: In San Francisco, the transportation code states that you cannot ride your bike on the sidewalk unless you are a child under the age of 13.
• Marin County Rules for Biking on Sidewalks: In many parts of Marin County, you cannot ride your bike on sidewalks if you are 14 years old or older. In business districts, riding on the sidewalk is prohibited for cyclists of all ages.
• Oakland Rules for Biking on Sidewalks: In Oakland, you cannot bike on the sidewalk if your bike is standard adult size (i.e., wheels bigger than 20 inches).
• San Jose Rules for Biking on Sidewalks: In San Jose, adults and minors can ride their bikes on sidewalks, with exceptions by neighborhood or part of the city (e.g., Willow Glen and sections of downtown).

Are There Legal Penalties for Riding a Bicycle or E-Bike on the Sidewalk?

Yes. If a city or county prohibits riding a bike on the sidewalk, you may be subject to fines. More serious penalties may arise if you injure a pedestrian or damage property while you are riding a bike or e-bike on the sidewalk.

There is no set fine amount in California since these sidewalk biking laws vary from city to city.

Should I Ride on the Sidewalk or in the Street If There Is No Bike Lane?

Generally speaking, it’s best to ride your bicycle or e-bike safely in the street if there is no bike lane present. While riding in the street, be sure to travel in the same direction as the flow of traffic. Be cautious around parked vehicles, intersections, and any driveways while on your bike.

If you are allowed to ride on the sidewalk based on local ordinances, feel free to do so, but ride with caution. There may be a risk of pedestrian traffic and other cyclists, especially in busy areas of your city. If you are on an e-bike, you should be extra careful given the top speeds you can reach on these kinds of vehicles.

If you feel it is unsafe to bike in the street or on the sidewalk, dismount your bicycle or e-bike and proceed to walk your bike on the sidewalk until you can get back on and ride.

This is very common in wrongful death cases. Under California law, multiple eligible heirs may have a right to compensation, including a spouse, children, dependent stepchildren, or sometimes even parents and siblings.

In most cases, the lawsuit is filed as a single claim on behalf of all eligible heirs, either by a personal representative of the estate or a lead plaintiff (party bringing the lawsuit). Any resulting settlement or court award is then divided among the claimants according to California’s wrongful death statutes or an agreed-upon distribution plan.

At Danko Meredith, our Bay Area wrongful death lawyers work closely with families to ensure every voice is heard and every rightful claimant receives their fair share. If disagreements arise, we help mediate and clarify entitlements, so your family can focus on healing rather than conflict.

There’s no one-size-fits-all answer, but many wrongful death cases resolve within 12 to 24 months. The timeline depends on several factors, including the strength of the evidence, whether the defendant accepts responsibility, and how complex the damages are to calculate.

Cases involving corporate defendants, such as PG&E or other large entities, may take longer, especially if they involve multiple victims, ongoing investigations, or technical questions about liability. If the case goes to trial, additional time is needed for discovery, depositions, motions, and court scheduling.

Our goal at Danko Meredith is to resolve your claim efficiently, but never at the cost of full compensation. Our wrongful death attorneys prepare every case as if it’s going to trial, which gives us leverage in negotiations and ensures we’re ready if the case must be litigated in court.

Yes. A wrongful death claim can proceed even if the defendant was never charged with a crime or was found not guilty in criminal court. Civil lawsuits are independent of criminal cases and follow different rules of evidence and proof.

This often comes as a surprise to families. They may believe a lack of criminal prosecution ends their legal options, but that’s not true. Because the burden of proof is lower in civil court, families can often succeed in a wrongful death claim even if criminal charges failed or were never brought.

The government initiates a criminal case and focuses on punishing the wrongdoer. The goal is to establish guilt “beyond a reasonable doubt,” and if convicted, the defendant may face prison, fines, probation, or other penalties. These proceedings do not result in financial compensation for the victim’s family.

In contrast, a wrongful death case is a civil action brought by surviving family members or the deceased person’s estate. The goal is to secure monetary damages for the emotional, financial, and practical losses caused by the death. Civil wrongful death claims are separate from criminal proceedings and are governed by a lower burden of proof, requiring only that it is “more likely than not” the defendant’s conduct caused the death.

In many cases, both civil and criminal proceedings may occur. For example, if a person is killed in a DUI crash, the driver may face criminal charges while also being held civilly liable for damages in a wrongful death lawsuit.

Most cases settle within 12–24 months, but trucking litigation can take longer. But rest assured, the truck accident lawyers here at Danko Meredith will keep you informed every step of the way.