Bicycle Accident Lawyer: What to Know After a Bike or E-Bike Crash in California, Texas and Washington

If a driver hit you while you were riding, you can usually bring a claim against that driver’s insurance, and the deadline to sue is two years in California and Texas and three years in Washington. If a government vehicle or road defect was involved, California and Texas set a much shorter claim deadline, so act within weeks.

Do I have a case after a bike crash?

You likely have a claim if someone else’s carelessness caused the crash and you were hurt. In all three states, a person riding a bicycle on the road generally has the same rights and duties as a driver of a vehicle (Cal. Veh. Code 21200; Tex. Transp. Code 551.101; RCW 46.61.755). That means a driver who turns across your path, opens a door into you or passes too close is judged by the same traffic rules that protect other drivers.

California’s Three Feet for Safety Act bars a driver from passing a bicycle going the same direction at less than three feet (Veh. Code 21760). Washington requires drivers to slow down and pass at a safe distance, where practicable at least three feet, or move fully into the next lane (RCW 46.61.110). A broken passing rule is often the center of a cyclist’s claim.

Bike crashes are serious. The federal safety agency counted 1,103 bicyclists killed in traffic crashes in 2024, (NHTSA).

How long do I have to file a bicycle accident claim?

Claims against a government are faster. In California, an injury claim against a public entity must be presented within six months (Gov. Code 911.2). In Texas, a governmental unit is entitled to notice within six months, and a city charter can set its own notice period, which may be shorter (Civ. Prac. & Rem. Code 101.101). In Washington, you must present a claim to a local government and wait sixty days before suing (RCW 4.96.020). A pothole, a city bus or a missing sign can bring these rules into play.

What if the insurance company says it was my fault?

Insurers often blame the rider: no helmet, no light, riding on the sidewalk. Your share of fault matters, but how much depends on the state.

• California uses pure comparative negligence: your damages are reduced by your share of fault, even a large share (B.B. v. County of Los Angeles).
• Texas bars recovery if your share of responsibility is greater than 50 percent (Civ. Prac. & Rem. Code 33.001).
• Washington reduces your award by your share of fault but does not bar it (RCW 4.22.005).

On helmets: California requires them only for riders under 18 (Veh. Code 21212), and Washington has no statewide bicycle helmet law, though some cities do (WSDOT). An adult without a helmet can still bring a claim.

How much does a bicycle accident lawyer charge?

Most injury lawyers work on a contingency fee: the fee is a percentage of what is recovered, and no fee is owed if nothing is recovered. There is no legal “average.” California requires the contract to be in writing and to state that the fee is not set by law and is negotiable between lawyer and client (Bus. & Prof. Code 6147). The same law requires the contract to explain how case costs affect your share.

Example only. If a contract set a 33% fee and a case settled for $30,000, the fee would be $9,900 before costs. Your own contract and the facts of your case decide the real numbers.

Before you sign, ask whether the percentage changes if the case goes to trial, who pays case costs if you lose, and whether medical liens come out of your share. At Beverly Law, you owe no fees or costs unless we win.

E-bikes, scooters and delivery riders

California sorts e-bikes into three classes: classes 1 and 2 stop assisting at 20 mph, and class 3 stops at 28 mph (CHP). Texas applies its bicycle rules to electric bicycles too (Transp. Code 551.002). The class can matter for where you were allowed to ride, so keep the bike and its label.

If you were delivering food or packages when you were hit, you may have two separate paths. A workers’ compensation claim, if you qualify as an employee, does not stop you from suing the driver who caused the crash (Cal. Labor Code 3852; Tex. Labor Code 417.001; RCW 51.24.030). Whether an app rider counts as an employee depends on the facts.

What to do now

1. Get medical care and keep every bill and record.
2. Get the police report number and the driver’s name, plate and insurer.
3. Photograph the bike, your helmet, the road and your injuries before anything is repaired.
4. Do not give a recorded statement to the other driver’s insurer until you have advice.
5. Write down the names of witnesses and any nearby cameras.
6. If a government vehicle or road was involved, note the date: in California and Texas, the six-month clock may already be running.
7. Call (310) 552-6959 for a free case review.

Talk to us

A bike crash can leave you with bills while you cannot work. Call (310) 552-6959 or use the form below. You owe no fees or costs unless we win.

Common questions

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Accident Lawyer Guides · Motorcycle accident lawyer · Truck accident lawyer · Los Angeles pedestrian accidents · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.