Bicycle Accident Statute of Limitations in San Diego: What Injured Cyclists Need to Know

A bicycle crash can turn your world upside down in an instant—leaving you with serious injuries, mounting medical bills, and an uncertain path forward. If you're considering legal action, timing is critical. California law places strict time limits, known as statutes of limitations, on how long you have to file a claim. Miss the deadline, and you could lose your right to compensation entirely.

Here’s what every injured cyclist in San Diego needs to know about filing bicycle accident claims on time—and how Hulburt Law Firm can help.

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What Is the Statute of Limitations for Bicycle Accidents in California?

In most bicycle accident cases involving negligence (such as being hit by a car), the statute of limitations is:

Two years from the date of the accident.

California Code of Civil Procedure § 335.1

This time limit applies to personal injury claims seeking compensation for:

• Medical expenses
• Lost income
• Pain and suffering
• Future treatment
• Property damage (if included in your injury claim)

If you try to file a lawsuit after this two-year window, the court will likely dismiss your case, no matter how serious your injuries are.

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Special Deadlines for Claims Against Government Entities

If your bicycle crash involved a government vehicle (such as a city bus or utility truck) or hazardous road conditions caused by a public agency (like an unsafe bike lane), a different rule applies.

You must file a government claim within six months of the incident.

California Government Code § 911.2

This is a formal process that comes before you can even file a lawsuit. The government has 45 days to respond. If denied, you typically have six months from the denial to file a lawsuit.

Missed the six-month deadline? You may still have a second chance. The law allows you to submit a late claim application within one year of the date of injury. This application must clearly explain the reason for the delay, such as physical incapacity, mistake, or other excusable circumstances. If the government agency denies your late claim request, you may then petition the superior court for permission to proceed.

These rules are strict and complex—missing a step can derail your entire case. That’s why it’s essential to speak with a bicycle accident attorney early on.

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What If I Didn’t Know I Was Injured Right Away?

In rare cases, you may not realize you were seriously injured until weeks or months after the crash. California law has a “discovery rule,” which may allow you to file a claim within two years of discovering (or reasonably should have discovered) the injury.

However, defendants often dispute when an injury was "discovered." If this applies to your case, speak with an attorney immediately to protect your rights.

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What Happens If You Miss the Deadline?

Failing to file a claim within the legal time limit can result in:

• Dismissal of your case
• Loss of your right to compensation
• No recovery for medical bills, lost wages, or long-term care
  

Even if you have a strong case, missing the statute of limitations makes it legally invalid. Don’t wait until it’s too late.

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How a San Diego Bicycle Accident Attorney Can Help

At Hulburt Law Firm, we help injured cyclists in San Diego navigate complex legal deadlines and pursue the compensation they deserve. Here’s how we support you:

• Evaluate your case timeline and identify which deadlines apply
  
• Preserve key evidence before it disappears or gets altered‍
• Handle all legal filings, including government claims
• ‍Negotiate with insurance companies for full and fair compensation
• ‍Take your case to trial if a reasonable settlement can’t be reached
  

Whether you're just starting the claims process or worried about a looming deadline, we’re ready to guide you forward.

"Timing matters. Don’t wait and risk your future. Let us help you act quickly and strategically.”— Conor Hulburt, Trial Attorney

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Don’t Wait—Your Rights May Be at Risk

If you’ve been injured in a bicycle accident in San Diego, the clock is ticking. Contact Hulburt Law Firm today for a free consultation. We’ll help you understand your legal options and take immediate steps to protect your claim—before it’s too late.

• ‍Visit our San Diego Bicycle Accident Attorney page for more information.
• Or call 619-821-0500 to speak directly with our team.

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Related Content:

• Insurance Claims for Bicycle Accidents
• Common Causes of Bicycle Crashes in San Diego