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Los Angeles bicycle accident lawyer
California treats a bicycle as a vehicle. The duties between drivers and cyclists are statutory — and in Los Angeles, the corridor evidence is what often decides who pays.
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What a Los Angeles bicycle case actually involves
A bicycle collision in Los Angeles is governed by a specific subset of the Vehicle Code that gives the cyclist the same rights and duties as a vehicle operator under CVC §21200. That single statute controls more case outcomes than any other in this category. The driver has the same duty to a cyclist as to another motorist; the cyclist has the same duty to obey signals, stop signs, and right-of-way rules. The case is not about whether a bicycle "should" be on the road — California law has answered that.
The injury pattern in a bicycle case is severe even at moderate impact speeds. The cyclist has no airbags, no crumple zone, and a center of gravity that tends to throw the body over the handlebars on frontal impact and onto the hood and windshield on lateral impact. Common injuries include collarbone and shoulder fractures, distal radius (wrist) fractures from the instinctive bracing motion, head injuries despite a helmet, road rash that requires debridement and sometimes skin grafting, and dental injuries when the face hits the pavement.
On evidence, three things matter most: GPS data from the cyclist's ride-tracking app (Strava, Komoot, Apple Fitness, Garmin Connect), surveillance footage from the corridor, and the at-fault driver's phone records on a CVC §23123 distracted-driving suspect case. The first two are time-perishable; the third requires a litigation-hold subpoena before the carrier deletes records.
Los Angeles has built an expanding bike infrastructure: the Sunset Boulevard Class II bike lane, the Spring Street and Main Street downtown bike lanes, the LA River Bike Path, the South Bay Bicycle Trail, the Ballona Creek Bike Path, the Reseda Boulevard cycle track, and the Expo Line bike path. The presence of designated infrastructure changes the duty analysis under CVC §21208. A cyclist riding in the bike lane has a stronger statutory position than one in the general travel lane, but the cyclist may leave the lane for a variety of statutory reasons.
Burg & Brock has handled bicycle cases out of the Beverly Hills, Sherman Oaks, and Glendale offices. The firm tries cases. Bicycle carriers — particularly when the at-fault driver was on the job — settle differently with firms that file complaints than with firms that do not.
Your rights under California law
California treats the bicycle as a vehicle. The duties on both sides come from the Vehicle Code.
Spriesterbach v. Holland (2013) 215 Cal.App.4th 255 addressed cyclist-versus-vehicle right-of-way at intersections under California law and the apportionment of fault in mixed-fault cases. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 controls comparative fault — a cyclist who was riding without lights at night, against the flow of traffic, or outside a designated lane does not lose the case but may see a percentage reduction.
Bostick v. Flex Equipment Co. (2007) 147 Cal.App.4th 80 addresses product-liability theory against manufacturers when a frame, brake, or component failure contributed to the collision.
How Burg & Brock works your case
Bicycle cases live or die on the corridor evidence and the GPS-track data from the cyclist's ride app. The first ninety-six hours decide what month-eighteen looks like.
- Scene and corridor preservation. Photograph the impact area, the bike lane markings (or absence), the cyclist's bicycle, and any debris. Preserve the bicycle itself — frame deformation tells the impact story to a reconstructionist.
- GPS-track and ride-app subpoena. Strava, Apple Fitness, Garmin Connect, and Komoot all log GPS coordinates, speed, and elevation. The data establishes cyclist speed and trajectory at impact — critical evidence in any contested-liability case.
- Surveillance-footage canvass. LADOT cameras (typically 30-60 day retention), private surveillance from corner stores, ATMs, and doorbell cameras (often 7-14 day retention).
- Medical-records and treating-physician work. ER chart from the receiving facility, orthopedic and neurosurgical workup, dental and oral-surgery records when facial trauma is involved.
- Liability and biomechanical experts. Reconstructionist for impact dynamics; biomechanical engineer for the injury-pattern-versus-mechanism analysis; bicycle-industry expert for any product-defect theory.
- Demand and litigation. Demand goes out structured to the policy stack — driver's personal auto, driver's employer if on the job, vehicle owner under CVC §17150, and (if applicable) any commercial carrier. Filing follows when offers fall below the floor.
Operational note: do not let the carrier or the police report dictate fault. The traffic-collision report is admissible only for foundational facts, not for opinion on fault. The carrier will use it; we re-litigate it.
Common bicycle collision profiles in Los Angeles
Right-hook collisions. Driver overtakes the cyclist and turns right across the cyclist's path — common at signalized intersections on Sunset, Wilshire, Pico, and at Class II bike-lane endings.
Left-cross collisions. Driver making a left turn through oncoming traffic strikes a cyclist coming from the opposite direction — sight-line and signal-timing issues.
Dooring collisions. CVC §22517 violations — driver or passenger of a parked vehicle opens a door into the path of a cyclist. Common on downtown bike-lane corridors and Spring Street.
Sideswipe collisions. CVC §21760 Three Feet for Safety violations — driver passes the cyclist with insufficient clearance.
Rear-end collisions. Driver inattention strikes a cyclist proceeding in the same direction. Often distracted-driving (CVC §23123) cases.
Bike-lane intrusion collisions. Driver enters the bike lane improperly — stopping, parking, or driving in a Class II lane outside permitted circumstances.
Pedestrian-overlap-zone collisions. Cyclist on a multi-use path or shared roadway with pedestrian traffic — careful analysis under Hauter v. Zogarts framework.
Bus-and-truck blind-spot collisions. Larger vehicles striking cyclists in their right-side blind spot; common with delivery trucks, garbage trucks, and Metro buses.
Hit-and-run cyclist cases. Driver flees the scene; UM coverage on the cyclist's auto policy under Insurance Code §11580.2 becomes the recovery vehicle.
Pothole and roadway-defect cases. Dangerous condition of public property under Government Code §835 — six-month claim deadline applies.
Common causes
- Driver failure to leave three feet of clearance when overtaking under CVC §21760.
- Right-hook turns where the driver does not check the bike lane before turning.
- Dooring under CVC §22517 — driver or passenger opens a door without looking.
- Distracted driving in violation of CVC §23123.
- Excessive speed for conditions in violation of CVC §22350.
- Driving in or stopping in a Class II bike lane.
- Driving under the influence in violation of CVC §23152 — punitive-damages exposure.
- Dangerous condition of public property — potholes, broken bike-lane paint, debris in lane — under Government Code §835.
Liability theories
Bicycle liability typically reaches multiple defendants. The standard analysis includes:
- The at-fault driver — primary negligence under Civil Code §1714 and applicable Vehicle Code sections.
- The driver's employer if the driver was on the job (respondeat superior).
- The vehicle owner if the driver was operating with permission under CVC §17150.
- The vehicle manufacturer when an automatic-emergency-braking, blind-spot, or turn-signal defect contributed.
- A government entity — City of LA, County, or Caltrans — for dangerous-condition cases under Government Code §835.
- A bicycle component manufacturer when a frame, brake, or wheel defect contributed under Greenman v. Yuba Power.
Government-entity claims have a six-month written-claim deadline under Government Code §911.2. We open the file and draft the claim before the medical record is complete.
How damages break down
Economic damages on a bicycle case begin with past medical bills (admissible at the lesser-of-billed-or-paid under Howell v. Hamilton Meats & Provisions). They continue with future medical care, lost earnings, lost earning capacity reduced to present value, and the replacement value of the bicycle and gear.
Non-economic damages cover pain and suffering, scarring (particularly from road rash and facial injuries), loss of enjoyment of life (especially significant for cyclists whose recreation and commuting were affected), and loss of consortium for a spouse.
Punitive damages under Civil Code §3294 are available on clear and convincing evidence of malice — most often in DUI driver cases, conscious-disregard records by commercial fleet operators, or knowing violations of the Three Feet for Safety Act with a documented prior-incident history.
Reported settlement and verdict ranges
| Case profile | Reported range | Drivers |
|---|
| Right-hook collision, collarbone and wrist fracture | $80,000 – $235,000 | Liability undisputed under CVC §21200, surgical fixation, six-month recovery. |
| Dooring collision, multiple fractures and concussion | $185,000 – $475,000 | CVC §22517 violation, surgical course, mild TBI. |
| Three Feet for Safety violation, severe injury | $320,000 – $850,000 | CVC §21760 violation, multi-system trauma, lost earnings. |
| DUI-driver bicycle strike, catastrophic | $950,000 – $4+ million | Punitive exposure under Civil Code §3294, high-limit policy, severe injuries. |
| Wrongful-death cyclist | $1.4 million – $6+ million | CCP §377.60 heirs' claim, decedent earning capacity. |
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.
Why work with Burg & Brock
Burg & Brock treats the GPS-track data, the surveillance canvass, and the bicycle preservation as the case file's spine. None are routine; all three move the settlement value.
The firm tries cases. Bicycle carriers settle differently with firms that file complaints. Burg & Brock has filed in LA County Superior Court on bicycle cases for more than two decades.
Contingency fee. No fee unless we recover. Free consultation. Twenty-four-hour line at (888) 528-8595.
Steps after a Los Angeles bicycle collision
- Get medical care first. ER evaluation at the closest receiving facility. Document any head impact and any loss of consciousness, however brief.
- Preserve the bicycle. Do not repair, do not throw out. The frame deformation is evidence.
- Pull your ride-app data. Strava, Apple Fitness, Komoot, Garmin Connect. Save the GPS track, speed, and elevation data from the ride.
- Photograph everything. Scene, vehicles, your injuries, the bike. As many angles as possible.
- Get witness contact info. Anyone who saw the impact, including pedestrians and other cyclists.
- Do not give a recorded statement. Decline the carrier's request. Refer the call to your attorney.
- Call a lawyer in the first ninety-six hours. Surveillance retention, witness recall, and EDR data all run on the clock.
Where these cases are filed
Most LA County bicycle cases are filed in Los Angeles County Superior Court — Stanley Mosk Courthouse for unlimited civil. Cases against the City of LA, County, or Caltrans for dangerous-condition theories require a written tort claim within six months under Government Code §911.2.
Burg & Brock has practiced in every LA County courthouse where these cases are heard.
Frequently asked questions
Does California really treat a bicycle as a vehicle?
Yes.
CVC §21200(a) states that a person riding a bicycle on a roadway has all the rights and is subject to all the duties of a vehicle driver. The full Vehicle Code applies — signal compliance, stop-sign duties, right-of-way, no driving under the influence, etc. — with limited exceptions for the unique mechanical realities of cycling.
What is the Three Feet for Safety Act?
CVC §21760, codified in 2014, requires drivers to leave at least three feet of clearance when passing a cyclist proceeding in the same direction. If the lane is too narrow for three feet, the driver must slow to a safe speed and pass only when safe to do so. Violation is a citable offense and is admissible as evidence of negligence in a civil case.
I was doored. Whose fault is that?
CVC §22517 places the duty on the person opening the door — driver or passenger — to look first. Dooring cases are typically the door-opener's primary fault. The recovery is from the at-fault person's auto policy, which usually has liability coverage even when the vehicle was parked.
I was in a bike lane. Does that change my case?
It strengthens it.
CVC §21208 requires a cyclist on a roadway with a Class II bike lane to ride in the lane unless one of the enumerated exceptions applies. Riding in the lane puts the cyclist where the law tells them to be — strong statutory position in any contested-liability fight.
What if I was riding outside the bike lane?
CVC §21208 has five enumerated exceptions: (1) when overtaking another bicyclist, vehicle, or pedestrian; (2) when preparing for a left turn; (3) to avoid debris or a hazardous condition; (4) when the lane is too narrow for the cyclist and a vehicle to safely share; (5) when approaching a place where right turns are authorized. Most contested "outside the lane" cases come down to which exception applied — that is fact-specific and litigated.
What if the driver fled the scene?
A hit-and-run cyclist case has two recovery tracks: identification (LAPD/LASD detective work, surveillance video, partial-plate searches, CrimeStoppers tips at 213-485-2876) and uninsured-motorist coverage on the cyclist's own auto policy under
Insurance Code §11580.2. UM coverage typically follows the person, not the vehicle.
I was not wearing a helmet. Does that bar my case?
No. California requires helmets only for cyclists under 18 (
CVC §21212). For adult cyclists, helmet non-use is sometimes raised as comparative fault by the carrier — but the argument requires expert proof that a helmet would have prevented or reduced the specific head injury sustained, and California courts have limited the reach of the defense.
How long do I have to file a bicycle injury lawsuit?
Two years from the date of injury under CCP §335.1. If a public entity (City of LA, County, Caltrans) is involved on a dangerous-condition theory, a written claim must be filed within six months under Government Code §911.2. We open the file early to protect both clocks.
Can I sue the city for a pothole that caused my bike crash?
Sometimes. Government Code §835 requires proof that the property was in a dangerous condition, the condition created a foreseeable risk of the type of injury that occurred, the public entity had actual or constructive notice with sufficient time to take corrective action, and either an employee acted negligently or the entity itself failed to address a known condition. The six-month written-claim deadline applies.
What if my bicycle was custom-built or expensive?
The replacement value of the bicycle, the helmet, the cycling clothing, the GPS computer, and any other gear damaged in the crash are recoverable economic damages. We document the value at intake — receipts, photos, build-list specs — so the property-damage component is fully captured.
Are e-bikes treated the same as regular bicycles?
Mostly, with some distinctions. CVC §312.5 defines three classes of e-bikes (Class 1, 2, 3) with different speed and operational rules. Class 1 and 2 are generally treated as bicycles. Class 3 has additional restrictions including helmet requirements for all riders and minimum-age rules. The basic CVC §21200 vehicle-equivalency rule applies.
How much does it cost to hire Burg & Brock for a bicycle case?
Nothing up front. Contingency fee — paid a percentage of the recovery only if we recover. The percentage is disclosed in the engagement letter. No hourly billing, no retainer. Case costs advanced by the firm and reimbursed from the recovery.
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Talk to a Burg & Brock attorney today
No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.
Call (888) 528-8595
Burg & Brock office locations: Sherman Oaks (HQ) — 4554 Sherman Oaks Avenue, Unit A100, Sherman Oaks, CA 91403 · Glendale — 633 N. Central Avenue, Suite 200, Glendale, CA 91203 · Beverly Hills — 9701 Wilshire Boulevard, Suite 1000, Beverly Hills, CA 90212 · Irvine — 7545 Irvine Center Drive, Suite 200, Irvine, CA 92618 · Bakersfield — 4900 California Avenue, Tower B, 2nd Floor, Bakersfield, CA 93309 · Visalia — 2300 W Whitendale Avenue, Visalia, CA 93277 · Modesto — 1015 12th Street, Suite 4, Modesto, CA 95354. Phone: (888) 528-8595.
