San Francisco Bicycle Accident Lawyer

Do I Have a Case?

The Law Offices of Matthew J. Quinlan represent the victims of bicycle accidents in San Francisco and across the Bay Area.

Our skilled San Francisco bicycle accident lawyers are advocates for safe rides for all cyclists. We take immediate action to secure the financial compensation injured bicyclists need to pay for the best medical care available and return to their bikes again.

We also help families who have lost a loved one in a tragic San Francisco bicycle accident seek wrongful death support from an at-fault driver’s car insurance company to protect their futures.

Matthew J. Quinlan

Daniel R. Aguilar

Exactly what we do for our clients in a short, animated video:

Bicycle Accident
Dangers in San Francisco

Cyclists have protected and unprotected bike lanes in many parts of San Francisco now. Those include stretches along Market Street and Cabrillo Street. Cyclists also have every right to travel in the street, just like a motor vehicle, in places without these bike lanes. Sadly, these lanes and protective vehicle codes aren’t enough to prevent all cycling collisions.

City transportation experts with TransBASE track the bicycle accident dangers in the Bay Area each year. In San Francisco, at least 316 bicycle accidents involving vehicles occurred in 2021. That’s up slightly from the 311 bicycle accidents recorded in 2020. Tragically, the lives of at least four cyclists were claimed over the same two-year span.

For a more detailed look at San Francisco’s Bicycle Accident statistics over the past few years, check out our San Francisco Bicycle Accident Study.

The figures will tell you that there are still too many bicycle accidents on San Francisco streets. There are also too many victims who end up paying for their hospital bills of pocket, while a careless driver gets away without paying any consequences.

Our skilled San Francisco Bicycle Accident Lawyers are working to change this. We want the opportunity to inform every bicycle accident victim of the benefits available. We offer every victim a free case review before an auto insurance company tries to get them to accept far less than they need in recovery.

Support for Families After a Fatal Bicycle Accident

What to Do After a San Francisco Bicycle Accident

After a bicycle accident on a San Francisco boulevard, you may be able to stand immediately, or you might be unconscious and injured.

The first thing to do, if you are able to move, is to get out of harm’s way. If the accident left you in the path of other cars, try to get to a sidewalk.

Once the scene is secure, you may have the opportunity to collect evidence on the scene.

If you are feeling up to it, you should try to collect details that probably won’t be there once the accident scene is cleared.

Try to secure this proof to use to back up any injury claim you file:

Do I Have a Case?

Schedule a free consultation to find out!

What are the most common types of cycling injuries treated in San Francisco Emergency Rooms?

How Much is My San Francisco Bicycle Accident Injury Claim Worth?

This is understandably the single most asked question we get when meeting people who have been injured in a bike accident. San Francisco injury victims may be facing a financial disaster as medical bills pile up. They may also be losing paychecks at work and be unable to keep up with rent and car payments.

The factors of each case are different and it’s hard to put a value on your bicycle injury case before sitting down with you to discuss what happened. It is possible to get an idea of what you’d earn by going over the details that most affect your bike accident injury settlement amount.

Generally speaking, here are the types of things you would receive compensation for as the victim of a bike accident in the Bay Area:

Bicycle Accident Case Success
for our San Francisco Clients

$300,000 Settlement

$45,000 Settlement

Confidential Policy Limits Settlement

I Was Injured in a Bicycle Accident.
Do I Need a San Francisco Injury Lawyer?

We’re sorry to learn that you were injured in a bicycle accident, but that doesn’t necessarily mean that you need to hire a San Francisco bicycle accident lawyer. For example, if you suffered only minor injuries (scrapes and/or soft tissue injuries) and it is clear that the other party was at fault, you may be able to handle your accident claim yourself.

That said, for obvious reasons most bicycle collisions involving cars, SUVs, or Trucks result in serious injuries to bicyclists. If that’s the case, victims will benefit from having a great bike accident attorney. Contact us online to set up a free consultation to discuss whether you need a lawyer. If we can’t help you improve your potential settlement amount, we’ll tell you that and help you determine how to best proceed without a lawyer.

If you did suffer something more than a minor injury, you can likely benefit from having a legal representative. Furthermore, insurance companies love blaming the bicyclist in an accident as a way of not compensating you fairly, so you should be on high alert when you aren’t represented by a lawyer.

We also negotiate and reduce your health insurance claims, which nets you more in a bicycle accident settlement check.

Can I Earn Compensation If My Bicycle Accident Was Caused by a Hit-And-Run Driver?

Sadly, being hit by a motorist is only the beginning of a difficult period for many injured cyclists. In too many cases, the guilty driver decides to flee the scene to make it a hit-and-run crime.

Cyclists left on the roadway can wait even longer for emergency care. They can also have recovery bills left in their laps when there’s no insurance company to file a claim with.

The good news is that San Francisco cyclists can earn injury compensation even when a hit-and-run driver escapes justice. The victim or the victim’s family may file a claim with the victim’s own car accident policy. The claim would be filed on the victim’s uninsured motorist coverage. If the bicyclist didn’t have insurance, it’s possible the victim was covered by a family member’s policy.

When hit-and-run drivers are caught, they will likely be facing criminal charges. This will not delay the victim’s right to file a claim with the suspect’s car insurance provider. The civil claim is filed separately and an injury claim settlement can be reached even if a criminal trial hasn’t been decided.

No matter whose policy the claim is filed under, it’s safe to assume that any insurance company, even your own, will be trying to limit the support you receive. Having a San Francisco personal injury lawyer watching out for your interests is the best way to ensure you get the funds you need to cover every recovery bill and hardship.

What are the most common types of bicycle accidents you see?

Although based on our experience there are never ending fact patterns that give rise to injured bicyclists, the ones we see most often are “Dooring” Accidents, Driveway & Side Street Pull-Out Accidents, Side-swipe/Cut-off and Failure to Yield to Your Right of Way.

(1) Dooring Accidents

“Doorings” occur when a cyclist is riding in the bicycle lane or to the right of a road way when suddenly a car parked along the right curb swings out into the path of the cyclist. Unable to swerve to avoid the door, the cyclist slams into the open door. This type of accident occurs frequently in San Francisco and the Bay Area and typically causes severe injuries to the cyclist.  Fault for this type of accident is squarely on whoever opened the door. CVC 22517 clearly states that no person shall open a vehicle’s door on the side of moving traffic until it is safe to do so. Despite this law, people in cars regularly swing open their doors without checking their mirror or generally being aware that a bicycle may be passing by. A good rule of thumb to avoid doorings is to ride at least 4 feet from cars parked on the street, even if that requires you to ride slightly outside a bicycle lane that may be painted on the roadway.

(2) Driveway & Side Street Pull-Out Accidents

The busy streets of the Bay Area and San Francisco make every driveway and side street a hazard for unsuspecting bicyclists, as cars regularly “appear” from out of nowhere and into the path of moving bicycles.  In situation like this, cars are responsible for entering roadways in a safe manner and that includes being alert to the potential presence of bicyclists.  These types of sudden collisions typically cause severe injuries to the bicyclists and are one of the most common types of bicycle accidents we handle.  To protect yourself, always slow as you approach streets and driveways and attempt to make eye contact with drivers.  At night, be sure to use a front head light.  Lastly, make sure you travel with the flow of traffic, as cars exiting driveways and turning onto streets, typically only look to their left.

(3) Sideswipe/Cut-Off Accidents

Common sense and the law have bicyclists riding on the right side of the road, but being on the right of cars that may not see you is exactly how a lot of bike vs. car accidents happen.  Specifically, we see a lot of accidents where a car will turn right with no signal or a late signal and turn directly into a bicyclist proceeding straight.  The same type of accident can occur when a car passes a bicyclists and then quickly turns right, causing the bicyclist to crash into the back of the car.  Both of these types of accidents are likely the fault of the driver for making an unsafe turn.  To avoid these types of accidents, it is critical to slow down and be extra-alert as you near intersections, side streets, or commercial driveways.

(4) Failure to Yield Accidents

Since most drivers aren’t conditioned to be alert for bicyclists, it is common for drivers to turn in front of bicyclists that have the right of way at intersections.  Remember that bicyclists have an obligation to stop at stop signs and stop lights just like cars do, but even when you do, don’t’ assume that the drivers will yield to your right of way the same way you might if you were driving a car.

What are the Rules of the Road for San Francisco Bicyclists?

Laws and Rights for Bicyclists Hit By Cars Without a Helmet in San Francisco

In San Francisco, bicyclists are far too often blamed for their own injuries no matter the circumstances. When a driver is careless and hits a bicyclist, it’s easy for them and the police reporting the accident to place fault onto the cyclist. This is due to a stigma that bicyclists do not belong on the road.

But bicyclists in San Francisco have as much right to the road as vehicles, which is stated in California Law under CVC 21200. At MJQ, we exercise every avenue of the law to protect bicyclists from liability and your right to compensation.

For example, if a reckless driver fails to slow down behind you on the road, and they hit the back of your bicycle, causing you to fly off your bike and suffer a head injury. The insurance company may attempt to minimize your compensation by saying you should have been wearing a helmet. This is not only incorrect, but an unfair tactic used by insurance companies against injured bicyclists without legal representation.

Under CVC 21212, bicyclists over the age of 18 are not required to wear a helmet. In fact, there is no helmet law for legal adult bicyclists. Drivers, however, are required to exercise a duty of care toward bicyclists under CIV 1714. So, if a careless driver causes your injuries, contact the experienced Bicycle Accident Attorneys at MJQ. No one is above the law and we will hold the at-fault party responsible until your damages are fully compensated. 

Bicyclists Injured Leaving the Bicycle Lane in San Francisco

If you are injured in a bicycle accident by a passing vehicle because you had to swerve around a parked car in the bike lane, or because construction was blocking your path, you are still entitled to compensation. In fact, California Law protects bicyclists from being assigned blame in this instance, because the onus of care is on the driver to safely share the road with bicyclists whether their in the bike lane or not.

For example, the bike lane in Market Street has a marked lane for bicyclists and should be ridden in the same direction as the vehicle traffic.

But if a bicyclist must leave the bike lane, they are permitted to do so in certain circumstances. CVC 21208(a) outlines when a bicyclist is permitted to move outside the bike lane:

  • If the bicyclist is passing another bicyclist or pedestrian in the lane
  • If the bicyclist is turning left at an intersection or into a private driveway
  • If it is necessary to avoid debris in the lane or other hazardous conditions
  • If the bicyclist is approaching an authorized right turn

So, if a bicyclist gets injured by a vehicle when leaving the bike lane, who is liable? The answer will be dependent upon why the bicyclist had to leave the bike lane. However, any form of negligent driving will result in serious consequences for the driver in the form of citations to felony offenses.

If you are injured after leaving the bicycle lane, the experienced Bicycle Accident Attorneys at MJQ can help. We’ll file a civil lawsuit against the careless driver on your behalf to recover damages for medical expenses, missed time at work, and all other expenses you’ve incurred due to your injury.

How Bicycle Dooring Accidents Cause Injuries

Dooring – when a vehicle driver or passenger causes a collision by suddenly opening their door in the path of a bicyclist. Even as San Francisco is making the city a safer place for bicyclists, dooring is still a major problem due to the amount of street parking along most downtown roads. According to SF Data Portal, dooring accidents were the second-most common cause of bicycle-motor-vehicle crashes that resulted in injury in 2014.

When a driver or passenger opens the door of a vehicle in the immediate path of an oncoming cyclist, it provides the opportunity for significant injuries to occur in several ways:

  • The bicyclist collides directly with the door without being able to stop or redirect
  • The impact catapults the cyclist over the handlebars, causing a horrific fall against the cement
  • The bicyclist manages to swerve out of the way but rides out into open traffic, causing a horrific accident with multiple drivers
  • The bicyclist loses control of their bike, attempting to avoid the open door, and skids across the pavement

So, when a dooring accident occurs, who is at fault? Under CVC 22517, no person shall:

  • Open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering witht the movement of traffic.
  • Leave a door open in the way of moving traffic for a period of time longer than necessary.

In most cases, liability for a dooring accident will fall on the driver of the vehicle or the person who opened their car door into the path of a bicyclist.

The person opening the door is the party with the duty of care, meaning they have a legal obligation to act in a manner that a reasonably prudent individual would given the circumstances.

Their duty includes not dooring bicyclists in the bike lane or the road.

If you’ve suffered injury in a dooring accident in San Francisco, please do not hesitate to contact the Bicycle Accident Lawyers at MJQ to protect your right to compensation.

San Francisco Bicycle Law

San Francisco is one of the most unique bicycling cities in California. In a single outing you can bike through bustling city streets, quiet neighborhoods, ocean paths, and coastal forest trails all on the same route. It truly is a bicyclist’s paradise as long as everyone is following local bike law:

  • Bicyclists in San Francisco must be on the lookout for pedestrians and give them the right-of-way when they cross your path. This applies to pedestrians in and outside of crosswalks.
  • Bicycles are considered vehicles in San Francisco, meaning they must adhere to traffic signals and stop signs just as motorists are required to.
  • In San Francisco, if you are over the age of 13, then you are required to ride your bicycle on the street and NOT the sidewalk. Anyone over the age of 13 is permitted to walk their bike on the sidewalk, but they cannot ride on the sidewalk.
  • You are allowed to leave the bike lane in San Francisco whenever you feel it is safer to do so. This is due to the number of parked cars and construction that frequently blocks the bike lane.

New Laws to Protect Bicyclists in San Francisco

A number of new laws that took effect on January 1st, 2024, will impact everyday transportation for bicyclists in San Francisco. The new laws are intended to make San Francisco a safer place for bicyclists:

  • AB 361: this law allows local law enforcement to install forward-facing cameras on city-owned and district-owned vehicles to enforce bicycle lane violations. This is intended to carry out stronger regulation of cars blocking bike lanes, allowing bicyclists to have a safer place to ride.

  • AB 413: this law prohibits the stopping, standing, or parking of a vehicle within 20 feet of any crosswalk, whether it’s marked or not, and within 15 feet of a crosswalk with a curb extension. Keeping the area next to crosswalks in San Francisco allows pedestrians, drivers, bicyclists, and anyone else to see the street more clearly.

  • AB 645: this new law allows speed cameras to be used on San Francisco’s High Injury Network where over 68% of severe and fatal accidents occur. Unsafe speed is the number one cause of fatal crashes in San Francisco, so, this law is intended to tighten speeding regulation and protect everyone on San Francisco’s streets.

  • AB 1909: this law amends an original vehicle code, allowing bicyclists to cross the street on a pedestrian walk signal, unless otherwise directed by a bicycle control signal. In previous years, bicyclists were only permitted to cross the street on a greenlight, alongside motor vehicle traffic.

How Comparative Negligence Law Applies to San Francisco Bicycle Accidents

Comparative negligence is when more than one party is partially at fault for causing an injury and is covered under California Civil Code 1714. This law essentially states:

  • You can recover damages in cases even if you are partially at fault
  • If you and the defendant are found negligent, the jury assigns a percentage of fault to each party
  • The total compensation awarded to you is reduced by your percentage of fault
  • If you are 99% at fault, you can still receive 1% of the total case value

In the case of a bicycle accident, ultimately, fault will be determined by the details of the case and the judgment of a judge and jury if the matter goes to trial.

Let’s say, for example, a bicyclist is looking down at their phone while riding and exits the bike lane for a couple of seconds because they’re not paying attention. But at the same time, a speeding vehicle collides with the bicyclist. The bicyclist is thrown from their bike, causing them to suffer several injuries such as a broken elbow, fractured jaw, and bruised ribs. Who is at fault?

In a hypothetical situation like this, comparative negligence could come into play. A jury may find the driver 80% at fault for speeding near a bicyclist, while finding the bicyclist 20% at fault for exiting the bike lane without checking the road for passing cars. So, if the jury awards the bicyclist $1,00,000 then their reward will be reduced by 20% of the fault, netting them $800k.

Bicycle Accidents and Premise Liability Law in San Francisco

Premises liability is when a property owner fails to keep their property free of hazardous conditions, as covered in California Civil Code 1714. This law not only applies to property owners but to:

  • Business owners
  • Government entities
  • Contractors or Subcontractors

Essentially, whoever is responsible for the property is required to repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe. Property owners who fail to repair dangerous conditions, or warn them, can be served with a premise liability lawsuit if someone gets injured as a direct result of their carelessness.

In the case of a bicycle accident, premises liability can apply if a government entity failed to repair damages to a bike lane, or left a manhole cover off in the bike lane, and a bicyclist suffered injuries. Suing a government entity is an entirely different process than a typical lawsuit, but we’ll cover that scenario later in the article.

Another example would be if a construction company allowed materials to spill out into the bike lane and create a hazard for bicyclists. If their carelessness resulted in you suffering injuries, then the construction company would be liable for a premises liability. As you can see, a bicycle accident in San Francisco can quickly become complicated. That’s why it is important to contact an experienced Personal Injury Lawyer to protect your right to compensation.

California E-Bike Law

SB No. 1271 was signed into law in 2024 and is now in effect as of January 1st, 2025. This bill covers several new e-bike regulations to address the e-bike situation in California. The law states that an electric bicycle is a bicycle equipped with fully operable pedals and an electrical motor of less than 750 watts. Also, the new law separates e-bikes into the following three classes:

Class 1: a low speed pedal-assisted electric bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached

Class 2: a low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance once a speed of 20 mph is reached

Class 3: a low speed pedal-assisted electrical bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached

E-bikes are permitted to ride in the bike lane. However, Class 3 e-bikes cannot:

  • Be ridden on bike trails
  • Be ridden on sidewalks or in parks unless indicated otherwise
  • Be operated by anyone under the age of 16 years old
  • Be operated without a helmet
  • Be operated while transporting passengers

Can I Get a DUI on a Bicycle in San Francisco?

Some people may think riding a bicycle is safe to do even after having a few drinks. However, in the state of California, bicycling under the influence is a crime according to California Vehicle Code 21200.5. In order for a bicyclist to be convicted of a DUI while cycling, they would have to be displaying signs of intoxication while riding on a public highway.

It is important to note that a DUI charge on a bicycle is not the same as one charged to a motorist driving under the influence. Cycling under the influence is a misdemeanor in the state of California, punishable by a fine up to $250. Other key differences include:

  • No legal limit – determining intoxication in a bicycle case is proven through indirect evidence such as the odor of alcohol, flushed face, or erratic cycling.
  • No jail time – normal DUIs in California are punishable up to six months in jail. However, cycling under the influence does not come with consequences of jail time.
  • No driver’s license suspension – cyclists will not have their license suspended if they receive a DUI while cycling unless they are under the age of twenty-one. If you are under twenty-one years of age and you get caught cycling under the influence, your driver’s license will be suspended for up to one year. If you haven’t received your driver’s license, then the process to get your driver’s license will be delayed for one year.

Suing a Government Entity in a San Francisco Bicycle Accident

If you suffered a bicycle accident injury in a San Francisco city park due to a hazardous condition, pursuing damages can be more complicated than if you were to file a lawsuit against a privately owned park. Instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government.

One of the major differences between government entities and privately owned parks is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.

However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a bicycle crash accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.

Lawsuits against the government are on a stricter time limit, only allowing injured victims 6 months to file a claim, as opposed to two years for a personal injury claim against a non-government entity.

Contact a San Francisco Bicycle Accident Lawyer as Soon as Possible

If you or a loved one has been the victim of a bicycle crash caused by a negligent driver, don’t trust your recovery to an insurance company. Allow The Law Offices of Matthew J. Quinlan to deal with the most frustrating parts of injury claims and insurance hassles so you can focus on getting better.

Contact our offices for a free case consultation that comes with no obligation to you or your family. Let us work to get the most out of your San Francisco bicycle accident settlement. We want to see you return to the streets again on your bike.

And if you decide to hire us to maximize the compensation you receive, you won’t have to worry about payment right now. MJQ Law doesn’t get paid unless we win your case for you. Then we are paid out of the settlement money you receive.

Did You Know?