California Bicycle Accident Lawyer: The 3-Foot Law, Dooring, E-Bike Rules, Helmets and Deadlines (Updated November 2026)

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What to do after a bike crash in California

1. Get medical care first. Head, shoulder, collarbone and wrist injuries are common in bike crashes and can look minor on the first day.
2. Make sure there is a police report. If the driver fled, the crash must be reported within 24 hours to the city police, or to the sheriff or CHP outside city limits, and you must give your own insurer a sworn statement within 30 days. Those are conditions for uninsured motorist coverage against an unknown driver (Ins. Code § 11580.2).
3. Keep the bike and helmet unrepaired. The damage shows how you were hit, and an e-bike’s label shows its class and wattage.
4. Photograph the scene, the car, any open door and your injuries, and note every camera you see.
5. Do not give a recorded statement to the driver’s insurer before you talk to a lawyer.

More on hit-and-run claims: hit-and-run in California: what to do.

California’s passing, lane and dooring rules

The Three Feet for Safety Act. A driver passing a bicycle going the same direction must pass at a safe distance and may not pass closer than three feet between any part of the car and any part of the bicycle or rider. If the bike is in the same lane and another lane going the same way is open, the driver must change lanes when it is safe and practicable. If traffic or the road makes that impossible, the driver must slow down and pass only when it would not endanger the rider. A violation is a $35 fine, raised to $220 when the driver hits and injures the cyclist (Veh. Code § 21760). Our 3-foot passing law FAQ has examples.

Your rights on the road. A person riding a bicycle has all the rights, and is subject to the same rules, as the driver of a vehicle (Veh. Code § 21200). A rider going slower than traffic must stay as close as practicable to the right edge, with exceptions for passing, turning, and avoiding hazards, including a lane too narrow for a bike and a car to share side by side (Veh. Code § 21202).

Dooring. No person may open a car door on the side of moving traffic unless it is reasonably safe and can be done without interfering with traffic (Veh. Code § 22517). The rule covers any person, so a passenger stepping out of a taxi or rideshare is bound by it too. See our California Uber and Lyft accident page.

When the driver broke the law. Under Evidence Code § 669, a person who violated a safety statute and caused the kind of harm it was meant to prevent is presumed negligent. A close pass or a door opened into a bike lane can start the case with that presumption against the driver.

E-bikes in California: classes, ages and the 2026 changes

California defines an electric bicycle as a bicycle with working pedals and a motor of 750 watts or less. Class 1 assists only while you pedal and stops at 20 mph. Class 2 can run on the throttle alone and stops assisting at 20 mph. Class 3 assists only while you pedal, stops at 28 mph and must have a speedometer. A device built or modified to go faster than 20 mph on motor power alone, to exceed 750 watts, or with its pedals removed is not an e-bike under the Vehicle Code (Veh. Code § 312.5). Insurers use that line to argue that bicycle rules did not apply.

E-bike riders are subject to the same article of the Vehicle Code as other cyclists (§ 312.5(b)). No one under 16 may operate a Class 3 e-bike, and every Class 3 rider and passenger must wear a helmet (Veh. Code § 21213).

Recent changes. Since January 1, 2026, e-bikes must show a rear red reflector or red light at all hours (AB 544), and e-bikes and their batteries must be tested and labeled before sale (SB 1271) (CHP). Laws signed in fall 2026 set a default 10 mph limit for riding on sidewalks and let cities set 10 to 20 mph limits on bike paths starting January 1, 2027 (AB 2346), and target retailers that sell electric motorcycles as e-bikes (SB 1167) (CalMatters, Oct. 9, 2026).

Our news desk covered a 40-year-old e-bike rider killed on North Figueroa Street in Highland Park (Highland Park e-bike crash) and a 14-year-old e-bike rider killed by a Tesla in Pacific Beach, where police said the teen turned against a red light (Olney Street and Balboa Avenue).

Helmets and your claim

Riders under 18 must wear a properly fitted and fastened helmet on a bicycle, including as a passenger. The fine is at most $25, and a first citation can be dismissed (Veh. Code § 21212). Adults on regular bikes and Class 1 or Class 2 e-bikes have no state helmet requirement; Class 3 riders of every age do (§ 21213).

California’s helmet statutes do not say whether riding without a helmet reduces damages. If a defendant argues it should, the jury decides under the pure comparative fault rule from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, in which any share of fault assigned to you lowers the award and never bars it (opinion).

Deadlines and your share of fault

If a jury finds you 20% at fault for riding outside the bike lane, you still recover 80% of your damages. See comparative fault in CA, TX and WA. When a cyclist dies, the family’s claim has the same two-year deadline: wrongful death statute of limitations in California.

How a California bicycle claim gets paid

The driver’s liability insurance pays first. The $30,000 minimum (Veh. Code § 16056) rarely covers a broken pelvis or a brain injury.

Your own uninsured and underinsured motorist coverage. California requires UM coverage in every auto liability policy unless it is waived in writing. The statute defines “insured” to include the named insured, the spouse, and relatives living in the same household “while occupants of a motor vehicle or otherwise” (Ins. Code § 11580.2). “Or otherwise” is what reaches you on a bike. You may be covered under a parent’s or spouse’s policy even if you do not own a car. See hit by an uninsured driver in California.

Hit-and-run. For an unknown driver, the statute requires physical contact between the car and you, a police report within 24 hours and a sworn statement to your insurer within 30 days. A driver who ran you off the road without touching you does not meet the contact requirement.

Government vehicles. A vehicle owned by the state or a city, county or other public agency is not an “uninsured motor vehicle” under the statute, so the claim goes to the agency. In October 2026 a bicyclist was hurt in a collision with a Lodi Police Department vehicle (Lodi police vehicle crash). A claim like that starts with the six-month rule below.

MedPay on your own policy can pay medical bills regardless of fault (how MedPay works in California).

Dangerous roads and claims against public agencies

A city, county or Caltrans can be liable for a dangerous condition of its property, such as a deep pothole or broken pavement in a bike lane, when the condition caused the injury, created a foreseeable risk of that kind of injury, and either an employee created it or the agency had notice in time to fix it (Gov. Code § 835).

The deadline is short. A claim for injury or death must be presented to the agency within six months (Gov. Code § 911.2). If the agency rejects it in writing, you have six months from that notice to sue (Gov. Code § 945.6). More: crashes caused by potholes and dangerous roads, a city or county vehicle hit me and the six-month claim rule.

Bicycle deaths in California

• 145 bicyclists were killed in motor vehicle crashes in California in 2023, down 20.8% from 2022, according to an OTS-funded fact sheet from UC Berkeley SafeTREC. Los Angeles County had the most deaths (28) and the most serious injuries (268) (SafeTREC).
• Only Florida had more bicyclist deaths than California in 2023. Nationally, 1,166 cyclists died and an estimated 49,989 were injured, and 28% of the deaths happened at intersections (NHTSA).

For local help, see our Los Angeles accident lawyer page.

Evidence that matters in bike cases

• Video from businesses, buses and doorbell cameras, requested in writing right away.
• Ride data from a bike computer, e-bike app or fitness tracker, and the driver’s phone records.
• Medical records from day one. See how bicycle accident claims work.

Related pages

• Texas bicycle accident lawyer
• Washington bicycle accident lawyer
• California’s 3-foot passing law
• California car accident lawyer
• California pedestrian accident lawyer
• California truck accident lawyer

Common questions

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, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.