By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by a car while riding in California?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
What the law requires of drivers
Subdivision (b) of § 21760 applies the general passing rules, including the duty in § 21750 to pass on the left at a safe distance. That distance depends on the speed and size of both vehicles, traffic, weather, visibility and the road itself.
Subdivision (c) sets the floor at 3 feet between any part of the vehicle and any part of the bicycle or its rider. Under subdivision (d), a driver who cannot give 3 feet on a narrow or crowded street must slow down and wait until the pass will not put the rider in danger.
What AB 1909 changed in 2023
Assembly Bill 1909, signed September 16, 2022 as Chapter 343 of the Statutes of 2022, added a lane-change duty to § 21760(c) that took effect January 1, 2023. When a cyclist is in the same lane of travel and another lane going the same direction is available, the driver must move into that lane before passing, with due regard for safety and traffic, if doing so is practicable and not prohibited by law. The Assembly Transportation Committee analysis notes the wording mirrors the rule for passing stopped emergency vehicles.
The passing rules at a glance
| Situation | Rule | Statute |
|---|---|---|
| Any pass of a bicycle going the same way | Pass on the left at a safe distance | Veh. Code §§ 21750, 21760(b) |
| Minimum clearance | At least 3 feet from any part of the bike or rider | § 21760(c) |
| Cyclist in your lane, another same-direction lane open | Change lanes before passing, when practicable and legal | § 21760(c), as amended by AB 1909 |
| 3 feet is not possible | Slow down; pass only when it will not endanger the rider | § 21760(d) |
| Violation, no injury | Infraction, $35 fine | § 21760(e)(1) |
| Violation, collision injures the cyclist | $220 fine | § 21760(e)(2) |
What the law expects from cyclists
Under § 21200, a person riding a bicycle on a highway has the rights and duties of a driver, except for rules that by their nature cannot apply to a bike. Section 21202 asks a cyclist moving slower than traffic to ride as close as practicable to the right curb or edge.
A rider may move left to pass, to turn, or to avoid hazards such as parked cars, debris or a lane too narrow for a bike and a car to share side by side. Taking the lane when it is too narrow to share is lawful, and the driver behind still has to wait or change lanes.
Free case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
How a passing violation is used in an injury claim
Under Evidence Code § 669, a driver who violated a safety statute is presumed negligent when the violation caused the injury, the harm is the kind the law was written to prevent, and the injured person belongs to the group it protects. A cyclist struck during a close pass fits § 21760 closely, so the driver must then show reasonable conduct despite the violation. Lawyers call this negligence per se.
Insurers often respond by blaming the rider for drifting out from the curb. California uses pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, so a rider found partly at fault still recovers, reduced by that share. A cyclist found 25 percent responsible would recover 75 percent of the damages. If the crash caused a head injury, our guide to traumatic brain injury claims in California explains how those cases are proven.
NHTSA counted 163 cyclists killed in California traffic crashes in 2024, second only to Florida. UC Berkeley SafeTREC reports that Los Angeles County led the state in 2023 with 28 cyclist deaths and 268 serious injuries (deaths from FARS, injuries from provisional SWITRS data).
Filing deadlines
- Two years from the crash to sue a private driver for personal injury (Code of Civil Procedure § 335.1).
- Six months to present a written claim if a public agency’s vehicle hit you (Government Code § 911.2). Agencies answer for an employee’s negligent driving on the job under Vehicle Code § 17001.
What this means for your case
After a close-pass crash, note whether a lane to the driver’s left was open and how close the mirror came to your handlebar. Photos of the lane width and markings help show whether the driver could have moved over, the question AB 1909 now asks. Request the traffic collision report and keep the bike and helmet as they were.
If a bus or city truck hit you, the six-month deadline controls. Beverly Law’s attorneys review bicycle crash claims in Los Angeles and across California. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.
Common questions
Does the 3-foot rule apply if I am riding in a bike lane?
Section 21760(c) does not mention or exempt bike lanes, so the most natural reading is that the 3-foot minimum still applies when you ride in one. The separate lane-change duty is tied to a cyclist in the same lane of travel as the car, so it may not apply to a rider in a marked bike lane.
Do I need the driver to get a ticket to bring a claim?
No. A citation helps, but in a civil case the judge or jury decides whether the driver violated § 21760 based on witness accounts, video and the physical evidence.
What if I was not riding as far right as possible?
Section 21202 has exceptions for hazards, turns and lanes too narrow to share, so riding farther left is often lawful. Even if you were partly at fault, California’s pure comparative fault rule reduces your recovery instead of barring it.
Is the $220 fine all the driver has to pay if I was hurt?
No. The fine is the penalty for the infraction. Medical bills, lost income and pain and suffering are pursued separately through the driver’s insurance or a lawsuit.
How long do I have to file a bicycle accident claim in California?
Generally two years from the crash under CCP § 335.1. If a government vehicle was involved, a written claim must be presented within six months under Gov. Code § 911.2.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Injury lawyer — Beverly Law
If you were hurt because of someone else in California, Texas or Washington, talk to a lawyer about your options. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
FAQs · California traumatic brain injury claims · Los Angeles injury lawyers · California
Sources
- California Vehicle Code § 21760 (Three Feet for Safety Act)
- California Vehicle Code § 21750 (overtaking on the left)
- AB 1909 (2022), Chapter 343, Statutes of 2022, California Legislative Information
- Assembly Transportation Committee analysis of AB 1909 (Friedman)
- California Vehicle Code § 21200 (cyclist rights and duties)
- California Vehicle Code § 21202 (riding to the right and exceptions)
- California Evidence Code § 669 (presumption of negligence)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, Stanford SCOCAL
- Code of Civil Procedure § 335.1 (two-year limit)
- Government Code § 911.2 (claims against public entities)
- California Vehicle Code § 17001 (public entity liability for employee driving)
- NHTSA, Bicyclists and Other Cyclists: 2024 Data (DOT HS 813 822, July 2026)
- UC Berkeley SafeTREC, 2025 Traffic Safety Facts: Bicycle Safety
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 6, 2026.