What to Do Right After a Bicycle Accident in San Diego

Cycling in San Diego offers sunshine, scenic routes, and a healthy way to commute, but it also comes with risks. In 2024, 950 cyclists were killed or injured in police-reported crashes in San Diego County, according to state crash data, and the aftermath of a collision can be overwhelming. If you’ve been injured in a bicycle accident, what you do next can make all the difference.

At Hulburt Law Firm, we’ve helped injured cyclists throughout San Diego recover physically, emotionally, and financially after serious crashes. Below are your essential steps after a bike crash.

Prioritize Your Safety

If you’re able to move, get to a safe location away from traffic. If you’re seriously injured, try to remain still and wait for emergency responders. Your health comes first.

Call 911 and Report

Request police and medical assistance right away. Even if your injuries seem minor, an official report can be critical later. Ask the responding officer (San Diego Police, the Sheriff, or CHP, depending on where the crash happened) to write a collision report. Be honest but cautious in your statements. Avoid admitting fault or speculating.

Discover the importance of a police report and how to request it.

Seek Medical Attention

Injuries like concussions, fractures, or internal trauma may not show symptoms right away. A prompt medical evaluation creates a record of your injuries and helps protect your health.

Keep copies of all medical records, bills, prescriptions, and diagnostic results. These will support your claim for damages.

Preserve Evidence

If you’re physically able, collect key evidence before it disappears:

• Contact and insurance info from all involved drivers
• Names and numbers of any eyewitnesses
• Photos of:
  • Your injuries
  • Bicycle damage
  • Vehicles involved
  • Road conditions, signage, and debris

Save your damaged bicycle, helmet, and clothing. These items may be important to proving the severity of the crash or the force of impact. Don’t attempt repairs or throw anything away.

Save your ride data and any camera footage, and avoid posting about the crash. If a distracted driver hit you, the driver’s phone records may help prove it; our guide to the driver mistakes that cause bicycle crashes explains why.

Notify Your Insurance

Even if you weren’t in a car, your auto insurance policy’s uninsured motorist (UM) coverage may apply. Report the crash to your insurer promptly. If the driver fled, California law requires a police report within 24 hours and a sworn statement to your insurer within 30 days to keep an uninsured motorist claim. Learn more about navigating the insurance claims process after a bicycle accident.

Consult with a Lawyer

The at-fault driver’s insurance company may reach out and try to get a recorded statement or offer a quick settlement. Don’t agree to anything or sign any documents without talking to a lawyer first. These early offers are often far below what your case is worth.

Mistakes to Avoid

Knowing what not to do is just as important as knowing the right steps.

Avoid these common missteps:

• Leaving the scene without calling police or gathering evidence
• Downplaying injuries or skipping a medical exam
• Throwing away or fixing your damaged bike
• Giving a statement to the driver’s insurer without representation
• Posting about the accident on social media
• Missing key deadlines for insurance or legal filings

If the Driver Fled

If the driver who hit you left the scene, you can still take legal action. California law allows cyclists to file a claim under their uninsured motorist (UM) policy, even if you weren’t driving a car at the time.

If the driver is never identified, your uninsured motorist claim generally requires that the crash be reported to the police, sheriff, or CHP within 24 hours and that you give your insurer a sworn statement within 30 days.

Read more: Hit and Run Bicycle Accidents: Legal Steps for Injured Cyclists in San Diego

Your Insurance Options

Many cyclists don’t realize they may have coverage even if the at-fault driver is uninsured or unidentified.

You may be covered by:

• Uninsured/Underinsured Motorist (UM/UIM)
• Medical Payments Coverage (MedPay)
• Homeowners or Renters Insurance (for bike and gear damage)
• Specialized Bicycle Insurance (if applicable)

Compensation

Depending on the severity of your injuries, you may be eligible to recover compensation for a bicycle accident, including:

• Emergency care and hospital bills
• Follow-up treatment, rehab, or surgery
• Lost income and future earnings
• Pain and emotional distress
• Property damage (bike, gear, phone)
• Funeral costs in wrongful death cases

Filing Deadlines

California law sets strict deadlines for bicycle accident claims. Understanding the statute of limitations for bicycle accidents in San Diego is critical to protecting your case.

• Personal injury lawsuit: 2 years from the date of the accident (CCP §335.1)
• Claim against a government agency: 6 months
• Uninsured motorist claim after a hit-and-run: report to police within 24 hours and give your insurer a sworn statement within 30 days (Insurance Code § 11580.2)

Act quickly. Waiting too long could result in denied claims or lost evidence.

Hulburt Law Firm

At Hulburt Law Firm, we’ve built a reputation for standing up for cyclists, whether they’ve been hit by negligent drivers, injured due to unsafe infrastructure, or harmed by defective bicycle equipment.

What sets us apart:

• Practicing law since 2007, with a focus on catastrophic injury and wrongful death cases
• Deep knowledge of California cycling laws and San Diego traffic conditions
• Experience challenging city agencies, insurance companies, and manufacturers
• A trial-first mindset: We prepare every case like it’s going to court

Schedule a Free Consultation Online

The Truth Demands Justice.

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