San Diego Bicycle Accident Lawsuits: Process & Timelines

Being injured in a bicycle crash is overwhelming—especially when medical bills, lost income, and insurance negotiations pile up. Understanding the legal process can ease uncertainty and help you make informed decisions.

At Hulburt Law Firm, we guide San Diego cyclists through injury claims, fighting for justice and fair compensation. This guide explains how bicycle accident lawsuits work in California, filing deadlines, and what to expect at every stage.

‍

Step 1: Know the Filing Deadlines

California law imposes strict time limits for bicycle accident lawsuits. Missing these deadlines can permanently bar your claim.

• 2 years from the date of the accident to file a lawsuit against a private party (Code Civil Procedure § 335.1)
• 6 months to file a claim if a government entity is involved (e.g., unsafe road conditions or a city vehicle), under the California Tort Claims Act

Exceptions: Deadlines may be “tolled” (paused) in certain cases, such as when the injured person is a minor or mentally incapacitated.

‍

Step 2: Gather Evidence

Evidence is the cornerstone of any successful claim. Right after a crash, key evidence includes:

• Police report
• Photos or videos of the scene
• Medical records documenting your injuries
• Witness contact information
• Damage to your bicycle and gear
• Surveillance or dash cam footage

Tip: Many cyclists wait too long—by then, skid marks fade, witnesses forget details, and surveillance video is erased. Our firm moves quickly to preserve crucial evidence, working with accident reconstructionists, engineers, and medical experts.

“The truth is in the details. That’s why we work fast to gather and protect evidence from day one.”— Leslie Hulburt, Trial Attorney

‍

Step 3: File Your Claim

Once evidence is collected and your injuries are fully assessed, your attorney will:

1. Draft a demand letter to the at-fault party’s insurance company outlining liability and damages.
2. File a personal injury lawsuit if settlement talks stall or deadlines approach.

The lawsuit begins with a complaint filed in civil court, which is formally served to the defendant.

‍

Step 4: Discovery Phase

After the lawsuit is filed, both parties exchange information during the discovery phase, which includes:

• Written discovery (interrogatories and document requests)
• Depositions (sworn testimony from you, the driver, witnesses, and experts)
• Medical evaluations and expert reports

This process helps clarify the facts and can be critical in resolving disputed liability or the extent of injuries.

‍

Step 5: Settlement Negotiations

Most bicycle accident cases settle before trial. Settlement benefits include faster resolution, reduced costs, and avoiding courtroom uncertainty.

Your attorney will:

• Present evidence of negligence and damages
• Counter low settlement offers
• Calculate fair value based on medical costs, lost wages, future care needs, and pain and suffering

If the insurer refuses to be fair, we’re ready to take your case to court.

Learn more about bicycle accident settlements in San Diego.

‍

Step 6: Trial (If Necessary)

If settlement fails, the case moves to trial. This may involve:

• Jury selection
• Opening statements
• Presentation of evidence and witness testimony
• Cross-examination
• Closing arguments and jury deliberation

Trials can be complex but often yield higher verdicts—especially when the defendant’s negligence is clear.

‍

Step 7: Receiving Compensation

If your claim is successful—either through settlement or trial—you may recover compensation for:

• Medical expenses (past and future)
• Lost income and reduced earning potential
• Pain, suffering, and emotional distress
• Property damage
• Loss of enjoyment of life

Our goal is to ensure your recovery covers both immediate and long-term needs.

‍

How Long Does a Bicycle Accident Lawsuit Take?

In San Diego, most cases settle within 6–18 months. If your case goes to trial, it could take 18–36 months, depending on complexity and court scheduling.

‍

How Much Can You Recover?

Case value depends on factors like:

• Severity of injuries
• Medical costs and future treatment needs
• Lost income and earning potential
• Evidence of negligence
• Insurance policy limits

Some claims resolve in five figures, while severe or catastrophic injury cases may result in seven or eight-figure recoveries. View some of our case results.

‍

Why Choose Hulburt Law Firm?

We know San Diego cycling—and we know the law. Conor and Leslie Hulburt are award-winning trial lawyers who combine compassion for our clients with relentless pursuit of justice.

Our promise:

• No upfront fees — you pay only if we win
• Immediate action to preserve evidence
• Full preparation for trial in every case

Because The Truth Demands Justice.

‍

Ready to Protect Your Rights?

If you’ve been hurt in a bicycle accident, don’t delay. Our attorneys, Conor and Leslie Hulburt, are here to guide you through every step of the legal process—from day one to final resolution.

Call 619.821.0500 or visit our San Diego Bicycle Accident Attorneys page to learn more.

‍

Further Reading:

• Gathering Evidence After a Bicycle Accident
• Do You Need a Police Report for a Bicycle Accident Claim in San Diego?
• Average Bicycle Accident Settlements in California