Bicycle Accident FAQs
Walkup, Melodia, Kelly & Schoenberger has more than 65 years of experience representing individuals injured in bicycle accidents throughout the Bay Area. The firm is widely recognized for its work in bicycle injury litigation and its commitment to holding negligent parties accountable. The firm has a longstanding history of supporting and sponsoring local bicycle coalitions and remains committed to advancing cyclist safety, accountability, and fair treatment under California law.
What recourse do I have if the party that caused my bicycle accident has no insurance or inadequate insurance?
If the at-fault party has little or no insurance, there are still several potential avenues for recovering compensation. Multiple insurance policies may apply, including:
- The driver’s personal auto insurance
- Insurance covering the vehicle involved, even if the driver does not own it
- Employer liability coverage if the driver was working at the time of the crash
An early step is determining whether uninsured motorist (UM) or underinsured motorist (UIM) coverage applies under the injured person’s own auto policy. In California, this coverage may apply even when the injured person was riding a bicycle or walking, as long as a motorist caused the injury. A direct collision is not always required.
It is also important to determine whether the driver was operating a work vehicle or acting within the scope of employment. If so, the employer’s insurance may provide an additional source of recovery.
In some cases, the driver or vehicle owner may have personal assets that can be pursued. A thorough investigation is required to identify all available sources of compensation.
No release or agreement offered by an insurance company should be signed without legal advice. Signing a release may waive the right to pursue claims against the driver, vehicle owner, employer, or other responsible parties.
What should I do if, while riding my bicycle, a hit-and-run driver injures me?
Many serious bicycle accidents involve hit-and-run drivers. If a driver leaves the scene, the incident should be reported to law enforcement immediately. Provide any identifying details available, including vehicle description, direction of travel, and license plate information if known.
Medical attention should be obtained promptly. A bicycle accident attorney should be consulted as soon as possible to preserve evidence and protect legal rights.
If a license plate number is available but the driver is not identified by law enforcement, an auto insurer may be able to assist in identifying the vehicle and any applicable insurance coverage.
If the driver cannot be identified, compensation may still be available through uninsured motorist (UM) coverage under the injured person’s auto policy. This coverage applies even when the injured person was cycling or walking, as long as a motorist caused the injury.
Most UM policies require prompt reporting to both law enforcement and the insurance carrier. Failure to comply with these requirements can affect coverage.
What are the most common causes of bicycle accidents in the Bay Area?
The firm has handled hundreds of bicycle accident cases involving a wide range of causes. While each case is fact-specific, common causes include:
- Drivers making right turns directly into the path of cyclists
- Drivers turning left into oncoming cyclists
- Dooring incidents involving parked vehicles
- Unsafe lane changes and sideswiping collisions
- Drivers pulling out from driveways or parking areas without looking
- Failure to yield at intersections or crosswalks
- Distracted or impaired driving
- Excessive speed or unsafe driving for road conditions
- Dangerous roadway conditions, including design defects, poor maintenance, construction hazards, debris, or surface defects
- Defective bicycles or component failures
Each case requires careful investigation, including scene analysis, witness statements, and expert evaluation when necessary.
If I cause an accident while riding my bicycle, what can I expect? Will my insurance cover the other person’s injuries and damages?
If a cyclist is found responsible for causing an accident that results in injury or property damage, the injured party may bring a claim for compensation.
Standard automobile insurance policies generally do not provide liability coverage for injuries caused by a bicyclist. However, renter’s or homeowner’s insurance policies may provide coverage in certain circumstances. Some specialty insurers also offer bicycle liability coverage.
If a claim is made, the appropriate insurance carrier should be notified immediately. Policy terms should be reviewed carefully, and coverage positions should not be accepted without verification.
California follows comparative fault rules. If multiple parties share responsibility, liability is allocated based on each party’s percentage of fault. A person who is partially at fault may still recover damages reduced by that percentage.
It is also important to understand applicable time limits. In California, personal injury claims generally must be filed within two years (CCP §335.1). Property damage claims are typically subject to a three-year limitation period. Claims involving government entities require action within six months.
In some situations, insurers may delay asserting property damage claims beyond two years, which can affect the ability to bring related injury claims. These timing issues should be evaluated carefully.
When should I speak with a bicycle accident attorney?
An attorney should be consulted as soon as possible after a bicycle accident. Early involvement allows for preservation of evidence, identification of responsible parties, and protection against common insurance tactics.
Walkup, Melodia, Kelly & Schoenberger prepares every case as if it will be tried before a jury. That approach strengthens both settlement negotiations and litigation outcomes.
Contact the firm for a free case evaluation online or by calling (415) 233-4074.