Los Angeles Bicycle, E-Bike and Scooter Accident Lawyer

Short answer: if a driver hit you while you were riding a bicycle, an e-bike or an electric scooter in Los Angeles County, the driver’s auto liability policy is usually the first source of payment, and California law treats you as a road user with the same rights as a driver, not as a trespasser on the road (Veh. Code § 21200). Two facts surprise most riders: your own auto insurance can pay you even though you were not in a car, because uninsured and underinsured motorist coverage follows the named insured and resident relatives as people, not just as occupants of a vehicle (Ins. Code § 11580.2); and if a pothole, a raised utility plate, an open trench or a badly designed intersection threw you, the claim is against a public entity and the deadline is six months, not two years (Gov. Code § 911.2). Abdi & Associates, Inc. helps riders in Los Angeles and throughout California figure out which policies apply and get the claim moving before the evidence and the deadlines are gone. Free consultation. Call 24/7, English and Spanish: (888) 772-2529. No attorney fee unless there is a recovery.

Do you have a case? Signs that you should call

• A driver turned across your path, pulled out of a driveway or alley, or made a right turn across a bike lane and hit you.
• Someone opened a car door in front of you and you hit the door or swerved into traffic to avoid it. Opening a door into traffic when it is not reasonably safe is its own violation (Veh. Code § 22517).
• A car passed you too closely, clipped your handlebar or mirror, or forced you into a parked car or the curb. California requires three feet of clearance and, when three feet is not possible, requires the driver to slow down and change lanes (Veh. Code § 21760).
• The driver left the scene and was never identified, or the driver had no insurance or a minimum policy that will not cover your medical bills.
• You went down because of a pothole, a sunken trench patch, an unmarked construction plate, a missing bike lane marking, a raised rail crossing or debris the city or Caltrans had reason to know about.
• You were riding a shared or personally owned e-bike or e-scooter and the brakes, the throttle, the fork, the stem or the battery failed.
• The vehicle that hit you had an Uber or Lyft decal, a delivery placard, a company logo, or was a bus, a city truck or a commercial van.
• An adjuster has already called you, offered to “take care of the bike,” or asked for a recorded statement or a signed medical authorization.

If you recognise your crash in any of these, call and ask. A consultation costs nothing and takes one call to find out whether there is a claim worth pursuing.

What to do in the first days after a bicycle, e-bike or scooter crash

1. Report the collision and get a police report. In Los Angeles that is usually LAPD, or the sheriff or CHP depending on where you were. If the driver fled, report it immediately: a hit-and-run claim under your own uninsured motorist coverage requires that the accident be reported to police within 24 hours and that a sworn statement be filed with the insurer within 30 days after that (Ins. Code § 11580.2(b)).
2. Photograph everything before it moves. The car and its license plate, the damage on the car and on your bike, the door that opened, the lane markings, the pothole with something for scale, the sight lines, the signs and signals, and your injuries. Photograph the driver’s license and insurance card.
3. Keep the bike, the helmet and the scooter exactly as they are. Do not repair the frame, replace the fork, throw out a cracked helmet or return a rented scooter to the rack before it is documented. A cracked helmet is proof of head impact. A sheared stem or a failed brake lever is the product case.
4. Ask for camera footage the same day. Businesses, apartment buildings, buses, parking structures and doorbell cameras overwrite footage in days. A short polite request in person, the same day, is worth more than a subpoena three months later.
5. Find your own auto policy declarations page. Even though you were not in a car, your uninsured and underinsured motorist coverage and any medical payments coverage may apply to you as a cyclist. So may a resident parent’s or spouse’s policy.
6. Get medical care and keep going. Adrenaline hides concussions, wrist fractures and internal injuries. Gaps in treatment are the first thing an adjuster uses to argue you were not really hurt.

What California law says about riders, and how insurers get it wrong

You have the rights of a driver

A person riding a bicycle on a highway “has all the rights and is subject to all the provisions applicable to the driver of a vehicle,” except provisions that by their nature cannot apply (Veh. Code § 21200). The same rule applies to a person operating a motorized scooter (Veh. Code § 21221). That single sentence answers the adjuster who says a cyclist “should not have been in the road.”

Where you were allowed to ride

• Riding to the right, with exceptions. A cyclist moving slower than traffic must ride as close as practicable to the right-hand curb or edge, but not when overtaking, not when preparing for a left turn, not when approaching a place where a right turn is authorized, and not when it is necessary to avoid a hazard, which the statute defines to include “fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes” (Veh. Code § 21202). Taking the lane to avoid the door zone or a lane too narrow to share is what the statute contemplates.
• Bike lanes. A slower cyclist must use an available bike lane, subject to the same kinds of exceptions: overtaking, preparing for a left turn, approaching an authorized right turn, and leaving the lane when reasonably necessary to avoid debris or other hazardous conditions (Veh. Code § 21208).
• When a driver may be in the bike lane. A motorist may not drive in a bike lane except to park where parking is allowed, to enter or leave the roadway, or to prepare for a turn within 200 feet of the intersection (Veh. Code § 21209). “I was allowed to be in the bike lane” is true far less often than drivers assume.

The three foot rule, and what happens when three feet is impossible

The Three Feet for Safety Act requires a driver overtaking a bicycle in the same direction to pass at a safe distance and not within three feet of any part of the bicycle or the rider (Veh. Code § 21760). When the driver is in the same lane and another lane is available and it is practicable to move over, the driver must change lanes. If traffic or roadway conditions make compliance impossible, the driver must slow to a speed that is reasonable and prudent and may pass only when doing so would not endanger the rider. There is no exception that lets a driver squeeze past a cyclist at speed.

Dooring

No person may open a vehicle door on the side available to moving traffic “unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic,” and no one may leave that door open longer than necessary to load or unload passengers (Veh. Code § 22517). The duty is on the person opening the door, and it applies to passengers and rideshare passengers as well as drivers. When a safety statute is violated, the violation proximately causes the injury, the injury is the kind the statute was meant to prevent and the injured person is in the protected class, the failure to use due care is presumed (Evid. Code § 669).

E-bikes and electric scooters

California divides electric bicycles into three classes in Veh. Code § 312.5: class 1, pedal assist that stops assisting at 20 mph; class 2, throttle capable and not able to assist past 20 mph; class 3, pedal assist that stops at 28 mph and must have a speedometer. All three must have fully operable pedals and a motor of 750 watts or less. Senate Bill 1271 rewrote that definition, and as of January 1, 2026 a device sold as an electric bicycle must have a battery system tested by an accredited laboratory to the standards referenced in the statute. That certification requirement matters in battery fire and failure cases.

Class 3 riders must be at least 16, and every class 3 rider and passenger must wear a helmet on a street, bikeway or bicycle path regardless of age (Veh. Code § 21213). Section 21207.5 no longer bars electric bicycles from bike paths as a class; it bars motorized bicycles, and it lets a local authority or the Department of Parks and Recreation prohibit e-bikes or a particular class of e-bike on specific trails and paths by ordinance. Because the rules are local, where you were riding is a fact to check, not to assume.

Motorized scooters have their own rules in Veh. Code § 21235: a working brake, no riding on a highway with a speed limit over 25 mph unless in a Class II or Class IV bikeway (local authorities may extend that to 35 mph), a helmet for riders under 18, a valid driver’s license or instruction permit, no passengers, and no riding on a sidewalk except as necessary to enter or leave adjacent property. A scooter rider who broke one of these rules still has a claim; it becomes a comparative fault argument, not a bar.

Night riding equipment

A bicycle on a roadway must have a brake capable of skidding one wheel on dry, level, clean pavement, and at night must have a white front lamp visible 300 feet ahead and from the sides, a red rear reflector or red light with a built-in reflector visible 500 feet to the rear, pedal or ankle reflectors visible 200 feet, and side reflectors (Veh. Code § 21201). Riding without lights does not hand the driver a defense automatically, but it is the first thing the insurer looks for, so document what lights you had.

Who pays, by scenario

If you do not know what coverage exists, that is the call to make. Finding the policies is the first thing we do. Call (888) 772-2529, 24/7, in English or Spanish.

Your own auto policy can pay you even though you were on a bike

This is the point riders most often miss. Under Ins. Code § 11580.2(b), when the named insured is an individual, “insured” means the named insured and the spouse, plus relatives of either while residents of the same household, and also any person while in or upon or entering into or alighting from an insured motor vehicle. The first two categories are not tied to a car at all. That means a cyclist or scooter rider struck by an uninsured driver, or by a hit-and-run driver who is never identified, can generally claim under their own auto policy’s uninsured motorist coverage, and a rider who lives with a parent or spouse who has a policy may be covered under that policy as a resident relative.

Two conditions matter for a hit and run. The statute requires physical contact of the vehicle with the insured or with a vehicle the insured is occupying, so a driver who forces you down without touching you is a harder claim. And it requires the accident to be reported to the police department, sheriff or CHP within 24 hours and a statement under oath filed with the insurer within 30 days after that. Underinsured motorist coverage works differently: it applies when the at fault driver had some insurance but less than your own uninsured motorist limits, and it does not pay until the at fault driver’s liability limits have been exhausted by settlement or judgment (Ins. Code § 11580.2(p)). Do not settle with the at fault driver’s insurer without checking that your own carrier has consented, or you can lose the underinsured claim.

Proposition 213 and why it usually does not apply to a cyclist

Civil Code § 3333.4 bars recovery of non-economic damages, meaning pain and suffering, in an action arising out of the operation or use of a motor vehicle when the injured person was convicted of driving under the influence in connection with the accident, was the owner of a vehicle involved in the accident that was not insured as the financial responsibility laws require, or was the operator of a vehicle involved in the accident who cannot establish financial responsibility. It is aimed at owners and operators of uninsured motor vehicles. A bicycle is moved by human power, is not a motor vehicle, and California’s financial responsibility laws do not require insurance for one, so on its terms the statute does not reach a person injured while riding a bicycle. If you also own a car, whether that car was “involved in the accident” is the question that decides it. Bring your policy information to the consultation and let it be looked at rather than guessed at.

Deadlines

Injuries and what the claim can recover

A rider has no crumple zone. The common serious outcomes are traumatic brain injury including concussion with lasting symptoms, spinal cord injury, facial and dental fractures, clavicle and scapula fractures, distal radius fractures from bracing, hip and pelvis fractures, degloving and road rash requiring grafts, and amputation. Where the injuries are permanent, the case becomes a catastrophic injury case and the future care and lost earning capacity components dwarf the medical bills to date.

California allows recovery of economic damages, meaning past and future medical care, past and future lost earnings and lost earning capacity, home and vehicle modifications, and the replacement value of the bicycle and gear, plus non-economic damages for pain, suffering, disfigurement and loss of the ability to do the things you used to do. When more than one defendant is at fault, each defendant is liable for all of the economic damages but only for its own proportionate share of the non-economic damages (Civ. Code § 1431.2, Proposition 51). That is one reason identifying every responsible party matters so much.

The comparative fault arguments insurers make, and the answers

• “You were not wearing a helmet.” California requires a bicycle helmet only for riders under 18 (Veh. Code § 21212) and for class 3 e-bike riders and passengers of any age (Veh. Code § 21213). An adult on an ordinary bicycle who was not wearing a helmet has not broken any law, so there is no negligence per se. Insurers still argue it as a comparative fault or failure to mitigate issue on the head injury portion of the damages, which is why the argument shows up so often even where it should not carry weight.
• “You were on the sidewalk.” Sidewalk bicycle riding in California is regulated by local ordinance, and the rule differs from city to city inside Los Angeles County. Motorized scooters may not be ridden on sidewalks except to enter or leave adjacent property (Veh. Code § 21235(g)). Even where riding there was prohibited, the driver who pulled out of a driveway without looking still owed a duty of due care.
• “You were in dark clothing.” No statute requires reflective clothing. The lighting requirements are in Veh. Code § 21201, and they attach to the bicycle.
• “You had no lights.” If true it can reduce recovery, but California is a pure comparative fault state, so a share of fault reduces damages proportionally rather than ending the case.
• “You came out of nowhere.” Sight line photographs, signal timing, the point of impact on the vehicle and the damage pattern on the bicycle usually answer this better than either party’s memory.

Shared scooters and e-bikes, and rental agreements

Shared mobility operators require riders to accept a user agreement in the app, and those agreements typically contain liability waivers, arbitration clauses and class action waivers. Their enforceability depends on the terms, on how they were presented and on whether the claim is one the law allows to be waived, and a waiver signed with the operator does not release the driver of the car that hit you. If the crash involved a shared scooter or e-bike, save the ride receipt, the ride identifier and screenshots of the app before anything is deleted, and have the agreement reviewed rather than assuming that clicking “accept” ended the matter.

How Abdi & Associates can help

Abdi & Associates, Inc. helps individuals with bicycle, e-bike and electric scooter accident claims throughout California. We evaluate the claim, identify every responsible party and insurance policy, explain the deadlines, and handle the insurers so you can focus on treatment. Where a case calls for it, we work with experienced personal injury trial counsel we trust and stay involved in your case. We work remotely, by phone, video and secure electronic signature.

On the first call we ask what you were riding and where, what the driver did, whether a report was made and to which agency, what your injuries are and where you are being treated, and whether you or anyone in your household has an auto policy. From there we look for the driver’s coverage, any commercial or rideshare coverage, your own uninsured and underinsured motorist coverage and medical payments coverage, and whether a public entity claim needs to be presented within six months. If a road defect or a product failure is involved, we tell you what to preserve and when. Consultations are free and confidential, in English or Spanish, and there is no attorney fee unless there is a recovery. If you were riding for work when it happened, we handle the workers’ compensation claim in house and coordinate it with the claim against the driver.

Frequently asked questions

Who is at fault when a car hits a bicycle in California?

Fault turns on ordinary negligence under Civ. Code § 1714 and on which traffic rules were broken. Because a cyclist has the rights and duties of a driver (Veh. Code § 21200), the usual right of way, turning, passing and speed rules decide it. Violating a safety statute that was meant to prevent the kind of harm that occurred creates a presumption that the violator failed to use due care (Evid. Code § 669).

Can I use my own car insurance if I was hit while riding my bike?

Often yes. Uninsured and underinsured motorist coverage under Ins. Code § 11580.2 insures the named insured and resident relatives as people, not only as occupants of a car, so it can respond when a cyclist is struck by an uninsured or hit-and-run driver. Medical payments coverage on the same policy may also pay treatment bills regardless of fault. Send us the declarations page and we will read it with you.

What if the driver who hit me drove off?

Report it to the police within 24 hours and file a sworn statement with your insurer within 30 days, because Ins. Code § 11580.2(b) makes those conditions of an uninsured motorist claim for an unidentified driver, along with physical contact between the vehicle and you. Then look for cameras immediately. Plates and partial plates recovered from nearby video are how many of these drivers are identified.

Do I have a claim if I hit a pothole and no car was involved?

Possibly, against the public entity that owns and controls the road. You must show a dangerous condition, that it proximately caused the injury, that it created a reasonably foreseeable risk of that kind of injury, and either that a public employee created it or that the entity had actual or constructive notice in time to fix it (Gov. Code § 835). The written claim is due within six months (Gov. Code § 911.2), which is why these cases cannot wait.

Does not wearing a helmet ruin my case?

No. California requires helmets only for riders under 18 and for class 3 e-bike riders and passengers, so an adult on a regular bicycle broke no law by riding without one. Insurers still raise it against head injury damages, and it is answered with the medical evidence and the law, not by conceding the point.

Are the rules different for an e-bike or an electric scooter?

The fault rules are the same, because scooter operators also have the rights and duties of a driver (Veh. Code § 21221). What differs is the equipment and eligibility rules: e-bike classes and battery certification under Veh. Code § 312.5, the minimum age of 16 and universal helmet requirement for class 3 e-bikes under Veh. Code § 21213, and the licensing, sidewalk, passenger and speed limits for motorized scooters under Veh. Code § 21235. Breaking one of those is a comparative fault argument, not a bar to recovery.

How long do I have to file a bicycle accident lawsuit in Los Angeles?

Generally two years from the date of injury against a driver, a company or a manufacturer (Code Civ. Proc. § 335.1). If a city, the county, Caltrans or Metro may be responsible for the road, you have six months to present a government claim (Gov. Code § 911.2), and generally six months after a written rejection to file suit (Gov. Code § 945.6).

The driver only had a minimum policy. Is that all I can get?

Not necessarily. Look for a second liability policy, an employer if the driver was working, a rideshare or delivery platform, an umbrella policy, and your own underinsured motorist coverage, which applies when your uninsured motorist limits exceed the at fault driver’s liability limits and pays after those limits are exhausted (Ins. Code § 11580.2(p)). Get consent from your own carrier before accepting the driver’s limits.

My child was hit riding a bike. Is the deadline different?

The two year period generally does not run while the injured person is a minor (Code Civ. Proc. § 352(a)), but that tolling does not apply to claims that must be presented to a public entity (Code Civ. Proc. § 352(b)). If a road condition may be involved, treat the six month claim deadline as firm.

What is my bicycle case worth?

No one can tell you that on a first call, and anyone who does is guessing. Value depends on the injuries and the medical evidence, the future care and work impact, the available coverage, and the fault picture. What we can tell you early is which policies exist and what has to be preserved to protect the claim.

Related pages

• Pedestrians hit by cars in California
• Uber and Lyft accidents in Los Angeles
• Motorcycle accident claims
• California car accidents
• What to do after a collision in California
• Catastrophic injuries in Los Angeles
• Head and brain injuries after a crash
• Spinal cord injuries and paralysis
• Wrongful death claims
• Personal injury in California
• Abogados de accidentes (en español)
• Contact Abdi & Associates

Hit while riding a bike, an e-bike or a scooter in Los Angeles? Call (888) 772-2529, 24/7, in English or Spanish, for a free and confidential consultation, or use the form below. No attorney fee unless there is a recovery.

Primary sources: Cal. Veh. Code §§ 312.5, 21200, 21201, 21202, 21207.5, 21208, 21209, 21212, 21213, 21221, 21235, 21760, 22517; Cal. Civ. Code §§ 1431.2, 1714, 3333.4; Cal. Evid. Code § 669; Cal. Code Civ. Proc. §§ 335.1, 352; Cal. Gov. Code §§ 835, 911.2, 945.6; Cal. Ins. Code § 11580.2; Stats. 2024, ch. 972 (SB 1271).

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Published: September 10, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm yours with an attorney. Past results do not guarantee future outcomes.