Cyclists have the same rights to the roadway as cars in California. They also have the same responsibilities. Knowing where those rights are stronger than drivers realize is what wins these cases.
If you ride in Los Angeles, San Francisco, Long Beach, or anywhere else in California, here is what the law says about your right to be on the road and what to do if a driver violates it.
Cyclists are vehicle operators
California Vehicle Code section 21200 reads, in part: "A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle." That single sentence is the foundation of every bicycle injury case in California.
You have the right to the lane. You have the right to be there. Drivers must treat you as they would another motor vehicle, with the modifications the rest of the vehicle code provides.
The three foot rule
California Vehicle Code section 21760 requires drivers passing a cyclist in the same direction to leave at least three feet of clearance. If conditions do not allow three feet, the driver must slow to a safe speed and pass only when it is safe to do so.
Violation of section 21760 is negligence per se. That means the violation itself, when it causes injury, establishes the driver's negligence. We do not have to prove a separate breach of duty; the statute does it for us.
The same applies to other vehicle code violations that frequently injure cyclists: failure to yield when turning right across a bike lane (section 21717), unsafe lane changes (section 22107), and dooring (section 22517).
The dooring statute
California Vehicle Code section 22517 prohibits opening a vehicle door on the side adjacent to moving traffic unless it can be done in reasonable safety. Dooring is one of the most common urban cyclist injury scenarios. The driver opens the door without checking, the cyclist hits the door or swerves into traffic, and the driver bears full responsibility under the statute.
Insurance carriers sometimes try to argue comparative fault, suggesting the cyclist should have been further from the door zone. The argument has limits. The duty is on the driver, and section 22517 is clear about that.
Right hook collisions
The right hook is one of the most dangerous patterns for urban cyclists. A driver passes the cyclist on the left, then turns right across the cyclist's path. The driver's defense is usually "I didn't see them" or "they came up too fast."
Neither is a defense in California. Drivers are required to check before turning, and the cyclist's lawful presence in the lane or bike lane is exactly what the driver should have anticipated. These cases are won with scene investigation, vehicle damage patterns, and where appropriate, reconstruction.
Helmet law and comparative fault
California requires helmets only for cyclists under 18 under Vehicle Code section 21212. Adults may legally ride without a helmet. But the absence of a helmet can affect damages on head injury claims under comparative fault principles.
Other damages, orthopedic injuries, lost wages, scarring, remain fully recoverable. The comparative fault doctrine is explained in detail in understanding comparative negligence in California.
Sidewalk riding
Sidewalk riding is regulated by local ordinance, not state law. Some California cities permit it; others restrict it. Los Angeles allows sidewalk riding under most circumstances; Santa Monica restricts it in commercial districts. Even where sidewalk riding is prohibited, the driver's duty to look for cyclists and pedestrians at driveways and intersections does not disappear.
Injuries
Bicycle crashes produce a distinctive injury profile. Concussions and traumatic brain injuries, even with helmet use. Clavicle and wrist fractures from the instinctive arm extension during a fall. Pelvic injuries in higher speed impacts. Road rash that can produce permanent scarring. Spinal injuries in severe cases.
The medical documentation is as important here as in any other injury case. The relevant guidance is in the importance of medical documentation.
What to do after a bicycle crash
Call 911. Stay where you are unless safety requires moving. Get medical evaluation, even if you think you can ride away. Photograph the scene, your bike, your injuries. Get witness contact information. Decline to give recorded statements to the driver's insurer. The general approach is similar to the steps we recommend after any roadway incident, and the practical sequence after a vehicle strike, whether you are walking or riding, is in steps to take after a pedestrian accident.
Deadlines
The two year personal injury statute applies. Government entity claims require six month notice. The full deadline framework is in California's statute of limitations. The broader case process is in how personal injury claims work.
For a free review of a California bicycle accident case, reach Allan Movagar through our contact page, or learn more about our bicycle accident practice.