If you’ve been hit by a bicyclist while walking or crossing the street, you’re probably wondering what your options are and whether the law is actually on your side. You're not alone in asking that.
Yes, you can sue if the bicyclist was negligent and caused your injuries. In this post, we’ll walk you through the legal process, what you need to prove, what kind of evidence matters, and how working with a Los Angeles Bicycle Accident Lawyer can help you pursue fair compensation. Contacting the Law Offices of Adrianos Facchetti, Accident & Injury Lawyers is a strong first step toward protecting your rights.
Understanding Your Right to Sue
If you’ve been injured by a bicyclist, you might be wondering: can you sue someone for hitting you with their bike? The answer is yes, if the cyclist was negligent and caused your injuries, you can bring a bicycle accident lawsuit under California’s personal injury laws.
These types of accidents are handled similarly to car crashes. That means the person who caused the harm can be held civilly liable for the injuries, losses, and disruptions you’ve suffered. The process relies on negligence laws, just like in any other personal injury lawsuit and it starts by proving that the cyclist acted carelessly and didn’t meet their legal obligations.
Keep in mind, though, that laws about driver negligence and fault can vary. For example, comparative negligence rules in California might reduce your compensation if you were partially responsible. Knowing your legal rights and working with a lawyer who understands bicycle accident law can make a big difference.
What You Need to Prove
Winning a personal injury claim isn’t about telling your side it’s about showing it through facts. In any liability claim involving a bicycle, you’ll need to show four key things to hold the cyclist accountable.
- Duty of Care: Every cyclist has a responsibility to follow traffic rules and look out for others. That means yielding to pedestrians, staying alert, and not riding recklessly.
- Breach of Duty: You’ll need to prove the rider broke that responsibility maybe they were texting, speeding, or riding where they shouldn’t have been.
- Causation: There has to be a clear link between the cyclist’s actions and the injuries you suffered.
- Damages: You must show that the accident caused real harm, economic damages like medical bills and lost wages, and future damages or pain and suffering from what you’re going through now and what might still lie ahead.
For example, if someone was hit by a cyclist while crossing legally at a crosswalk, and suffered a broken ankle that required surgery, this framework would apply directly. It’s not just about being injured, it’s about proving fault and the compensatory damages that result.
Types of Evidence to Gather
To back up your story and strengthen your personal injury lawsuit, you’ll need solid proof. The right evidence can help show how the accident happened, who was at fault, and what it’s costing you physically, emotionally, and financially.
Here’s what can help:
- Police Reports: These documents often include the officer’s opinion about fault, diagrams, and contact info for everyone involved.
- Medical Records: These show how serious your injuries are, how they’re being treated, and how much your medical expenses add up to.
- Photographs & Video: Images of your injuries, the accident scene, and damage to your belongings can tell a story that words alone can’t.
- Witness Statements: Neutral eyewitness statements are powerful, especially if they support your version of events.
- Traffic Camera Footage: If the crash happened near an intersection or a business, traffic or surveillance footage could clearly show what took place.
- Cellphone or GPS Data: If the cyclist was using a ride-tracking app like Strava or had their phone in hand, it might support claims of distracted riding or route details.
- Social Media Evidence: Posts or photos the cyclist shared right after the incident can sometimes reveal key details about how they were riding or what they admitted to.
This kind of documentation is critical. For example, a client once used store camera footage to prove a cyclist ran a red light something the cyclist denied. That single video helped turn the case in their favor.
Steps to Take After a Bicycle Accident
Right after a bicycle accident, things can feel confusing but the steps you take next can affect your ability to file a bicycle accident claim and recover compensation. Even if your injuries seem minor at first, documenting everything properly matters.
- Seek immediate medical care – Your health comes first. Plus, medical records are key for proving your bicycle injury claim later.
- Report the accident to authorities – A police report can serve as official evidence if you end up suing after a bicycle accident.
- Document everything – Take photos of your injuries, the scene, and any damage to your belongings. Save receipts, bills, and communications.
- Avoid giving statements to insurance adjusters without advice – Insurance companies may try to get you to settle quickly or downplay your injuries. Protect your words and your claim.
- Contact a lawyer early to preserve evidence and protect your rights – An attorney can help you navigate bike accident claims, deal with the insurance companies, and guide the legal process from the start.
- Keep a personal injury journal – Write down how you’re feeling, what daily tasks are harder, and how your recovery is going. These details can strengthen your case if your injury affects your life long-term.
Statute of Limitations in California
If you’re thinking about taking legal action after a bicycle accident, timing matters. California’s statute of limitations gives you a limited window to file a lawsuit and missing that deadline could mean losing your chance to seek accident-related damages altogether.
- In most personal injury cases, you have 2 years from the date of the injury to file your claim.
- If the injured person is a minor, or if the injury wasn’t discovered right away, there may be some exceptions.
- If you’re filing a claim against a public entity like a city or county due to unsafe road conditions the deadline is much shorter, often just 6 months.
Knowing your timeline is crucial. Filing too late even with a strong case can keep you from holding someone civilly liable or collecting the compensation you need. Speaking with a lawyer early ensures you don’t run into deadline problems.
What Compensation Can You Recover?
If you’ve been hurt in a bike collision, you’re probably wondering what your settlement for bicycle accident injuries might look like and what exactly you can recover. Every case is different, but compensation generally falls into a few categories:
- Medical Expenses – From ambulance rides and emergency room visits to surgery, physical therapy, and future care needs.
- Lost Wages – If you’ve had to miss work or can’t return to the same job, these economic damages should be part of your claim.
- Pain and Suffering – This includes physical discomfort, emotional stress, and the ways your life has been affected, now and in the future.
- Property Damage – If your phone, clothing, glasses, or other personal items were damaged, they can be included in your claim.
Even if the accident seemed small at first, the true costs can add up quickly. Talking to a lawyer helps make sure no part of your loss whether short-term or future damages is overlooked.
Common Causes of Bicycle-Pedestrian Accidents
If you were struck by a bicyclist, you might be wondering what went wrong and whether their actions were avoidable. The truth is, many of these crashes happen because the rider wasn’t paying attention or didn’t follow basic traffic rules. Understanding how these accidents happen can help clarify whether a legal claim is worth pursuing.
Here are some of the most common causes of bicycle-pedestrian collisions:
- Distracted riding (phones, headphones) – Just like drivers, cyclists who text or listen to music while riding can easily miss someone crossing their path.
- Speeding or ignoring right of way – Bicyclists are supposed to yield to pedestrians, especially in crosswalks. When they don’t, people get hurt.
- Riding on sidewalks or against traffic – In many areas, it’s illegal or unsafe for cyclists to ride on sidewalks or go against the flow of traffic. These behaviors catch pedestrians off guard.
- Poor visibility or lack of lighting – At night or in bad weather, not having lights or reflective gear can lead to collisions in crosswalks, parking lots, or driveways.
- Failure to stop at signals or signs – Some riders roll through stop signs or red lights, assuming they can sneak by without issue.
- E-bike use in pedestrian zones – Faster and heavier than traditional bikes, e-bikes are increasingly involved in pedestrian crashes, especially in dense city areas.
Filing a Bicycle Accident Lawsuit: What to Expect
If you're thinking about taking legal action, knowing what to expect can ease the pressure. Filing a bicycle accident lawsuit isn’t just about paperwork it’s about building a case that proves the other person was at fault and that you deserve compensation.
Here’s what the process typically involves:
- Establishing negligence through evidence – You’ll need to show that the bicyclist didn’t act reasonably and that their behavior caused your injuries.
- Filing the claim and negotiating with insurers – A strong claim includes police reports, medical bills, photos, and witness statements. Most cases settle during this stage, but the offer has to reflect your losses.
- Moving to trial if settlement isn’t fair – If the insurance company refuses to offer enough, your attorney can file a lawsuit and take the case to court for a fair result.
This process doesn’t happen overnight, but with the right help, it stays manageable.
Consult an Experienced Bicycle Accident Lawyer in Los Angeles
Knowing your rights is one thing. Protecting them is another. If a bicyclist hit you and caused injuries, working with a bicycle accident lawyer in Los Angeles can make a big difference in your recovery and peace of mind.
At the Law Offices of Adrianos Facchetti, Accident & Injury Lawyers, we’ll review your case, gather evidence, and help you fight for compensation that covers your medical bills, lost wages, and pain and suffering. We’ve worked with people in your shoes pedestrians caught off guard by a reckless or distracted rider and helped them get real results.
There’s no pressure to commit. Just call (626) 793-8607 or use our contact form to speak with a Bicycle Accident Lawyer today. The sooner we talk, the better we can protect your claim.
