Bicycle Accident Statute of Limitations in San Diego
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.
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 applies to claims for:
- Medical expenses
- Pain and suffering
- Lost wages and future earnings
- Long-term care
- Property damage (when included in the injury claim)
Failing to file within this two-year window generally means your case will be dismissed—even if liability is clear.
Special Deadlines for Claims Against Government Entities
If your accident involved:
- A city or county vehicle (e.g., MTS bus, maintenance truck)
- Dangerous public road conditions (e.g., potholes, missing signage, unsafe bike lanes)
You must first file a government claim within six months of the incident.
California Government Code § 911.2
The government agency has 45 days to respond. If your claim is denied, you usually have six months from the denial to file a lawsuit.
Missed the six-month deadline? A late claim application may be filed—but only within one year of the accident, and only under narrow exceptions like incapacity or mistake. These rules are unforgiving, so early legal help is crucial.
Further reading on suing government agencies for roadway hazards.
Bicycle Accidents Involving Minors: Different Rules Apply
When a minor (under 18) is injured in a bicycle crash, the clock doesn’t start ticking right away. Instead:
The statute of limitations is tolled until the child turns 18. They typically have until age 20 to file a claim.
California Code of Civil Procedure § 352
However, parents don’t have to wait. A lawsuit can be filed much earlier with a court-appointed guardian ad litem—a representative who acts on the child’s behalf. This allows families to secure compensation for treatment, rehabilitation, and other costs while evidence is still fresh.
Note: If a government agency is involved, the six-month deadline still applies—regardless of the child’s age.
Statute of Limitations for Wrongful Death Bicycle Accidents
If a loved one dies from injuries sustained in a bicycle accident, surviving family members typically have:
Two years from the date of death to file a wrongful death claim.
California Code of Civil Procedure § 335.1
Eligible claimants include spouses, children, and certain dependents. Compensation may include loss of financial support, companionship, funeral costs, and emotional suffering.
As always, earlier filing helps preserve critical evidence and legal options.
Learn more about seeking justice after a fatal bicycle accident.
What If You Didn’t Know You Were Injured Right Away?
Some injuries—such as brain trauma, internal bleeding, or PTSD—may not surface until days or weeks later. California’s “discovery rule” allows the statute of limitations to begin when you knew (or reasonably should have known) that you were injured.
This can extend your filing window—but it’s often disputed by the defense. If your injury wasn’t immediately obvious, speak to an attorney as soon as possible.
Hit-and-Run Bicycle Accidents: What Happens to the Deadline?
Hit-and-run crashes still follow the standard two-year deadline. However, these cases often rely on your Uninsured/Underinsured Motorist (UM/UIM) coverage, which can be used even if you were cycling—not driving.
Early documentation and insurance notification are vital. Do not wait to open a claim or speak with legal counsel.
Can You Still Recover If You Were Partially at Fault?
Yes. California follows a pure comparative negligence system. Even if you were partially responsible for the accident (e.g., not using a bike lane, riding without lights), you can still recover damages—reduced by your percentage of fault.
Importantly, the two-year statute still applies. Fault does not extend your deadline. And insurers will use alleged fault to deny or reduce your claim unless you push back with legal support.
What Compensation Can You Pursue—If You File on Time?
Filing within the deadline protects your right to seek full compensation for:
- Emergency and ongoing medical care
- Lost income and loss of future earnings
- Pain and suffering
- Mental anguish or trauma
- Damage to your bicycle and riding gear
- Funeral and burial expenses (in wrongful death cases)
Missing the deadline—by even a single day—could mean walking away with nothing.
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.
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
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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The Hulburt Law Firm specializes in catastrophic personal injury and wrongful death cases in San Diego, California.
