Proving Negligence in California Bicycle Accident Cases

Proving Negligence in California Bicycle Accident Cases

• September 29, 2025
• Categories: Personal Injury

California has a vibrant cycling culture because of its favorable climate and expanding network of bike lanes. This means an increasing number of cyclists are on the road, and motorists need to be alert and aware.  Unfortunately, the growth in the popularity of cycling has corresponded with a rise in bike accidents, many resulting in serious injuries due to the inherent vulnerability of cyclists. When these accidents occur, understanding how to prove negligence in California bicycle accident cases becomes critical for injured parties seeking compensation.

The Four Elements to Prove Negligence

To Win Your Bike Collision Case, You Must Convincingly Prove That the Other Party Was Fully or Partially at Fault.

Duty of Care

Motorists and cyclists alike owe a duty of care to others sharing the roadway. This legal obligation requires drivers and riders to act with reasonable caution to avoid causing harm to others. Drivers must be on the watch for cyclists, maintain safe distances, and follow traffic laws. Similarly, bicyclists must adhere to applicable traffic regulations for stops, signaling, and right of way. California law clearly defines the responsibilities of both motorists and cyclists on public roadways.

Breach of Duty

After duty of care is established, an injury victim must convincingly show that the other party breached this duty through action or inaction. A breach occurs when someone fails to meet the expected standard of care, such as speeding, running red lights, failing to use turn signals, or opening doors without checking for oncoming cyclists. Proving a breach requires showing that the responsible party’s behavior was inferior to what a reasonable person would have done in similar circumstances.

Causation

The third element requires establishing a causal link between the defendant’s breach of duty and the victim’s resulting injuries. This means showing that the accident would not have occurred had the defendant not been negligent or careless, and that the harm was a foreseeable consequence of their actions. Causation often becomes one of the most contested elements in bike accident cases, with attorneys arguing about what happened when and how particular statutory language applies in the specific case at hand.

Damages

Finally, an injury victim must prove they suffered economic and/or non-economic damages caused by the accident. These can include current and future medical expenses, lost wages, property damage, loss of future earning potential, pain and suffering, PTSD, emotional distress, loss of enjoyment of life, and other diminishing experiences.

Pure Comparative Negligence System in California

California adopted its pure comparative fault system to ensure equitable apportionment of liability, replacing what the court saw as an outdated and harsh contributory negligence doctrine.  California transitioned to pure comparative negligence in 1975 through the landmark California Supreme Court case Li v. Yellow Cab Co. (13 Cal. 3d 804, 532 P. 2d 1226). The court abolished contributory negligence, which previously barred recovery entirely if the plaintiff shared even 1% fault.

The pure comparative negligence rule states that multiple parties can be at fault for an accident, and that compensation should be apportioned based on the percentage of fault assigned to each party.  For example, if damages in a case are $300,000 but the injured cyclist was 20% responsible for the accident, the victim would receive $240,000 (the total award minus $60,000, or 20%).

Pure comparative fault introduces some complexity into personal injury cases, but it also ensures fair apportionment of liability. Anyone injured in a bike crash should consult a skilled bicycle accident lawyer to navigate these challenges and maximize your financial recovery.

Why Choose Neale & Fhima as Your Bike Accident Attorney?

At Neale & Fhima, our attorneys have more than 40 years of combined experience in handling bicycle crash cases in California. We know the complexities of fault and liability under California law, and we use this knowledge to pursue the highest compensation possible for our clients. Attorney Aaron Fhima is among the best and the brightest when it comes to negotiating aggressively with insurance companies and winning cases. We’ve recovered more than $50 million in rightful compensation for injury victims throughout Southern California. We’re transparent and will explain to you the legal process, potential challenges, and estimated value of your claim before you make a decision about hiring us. We have many satisfied clients who refer friends and family to our law firm.

Deadlines for California Bike Accident Lawsuits

It’s important to adhere to deadlines for California personal injury claims so that you aren’t inadvertently barred from seeking recovery. Deadlines include:

• 2-Year Statute of Limitations: Most bicycle collision claims must be filed within 2 years of the date of the crash.
• 6-Month Deadline for Government Entities: Claims against government entities require a notice within six months. This could come into play when a bike accident is caused by road debris, broken guardrails, or other dangerous situations on roads that municipalities or government agencies are responsible for keeping in good working order.

Because of these strict deadlines for filing claims, it’s better to act sooner rather than later. If you are in a hospital or at home with injuries after a bicycle accident, reach out to a lawyer to begin the legal process while you focus on your medical recovery.

Contact Neale & Fhima Today for Aggressive Representation in Your Wrongful Death Case

Neale & Fhima will handle the legal side of things so you don’t have to. Our skilled and tenacious lawyers will negotiate aggressively with insurance companies to get the highest payout possible in your bicycle accident case. We won’t let insurance representatives bully you into accepting a low-ball offer. Neale & Fhima has a 99% success rate in personal injury cases. For a free consultation about your case, call us at 888-407-2955.