Hit and Run Bicycle Accidents in San Diego

The growing prevalence of bicycles on streets and roadways in Southern California has led to an uptick in collisions with cars. Bicyclists who sustain serious injuries in those accidents may be able to collect damages from an at-fault driver. However, if that driver flees the accident scene, the bicyclist’s opportunity to recover damages becomes more challenging. 

The bicycle accident lawyers at CaseyGerry apply the knowledge they have gained from more than 75 years of advocacy for injured accident victims to collect compensation for riders injured in hit and run bicycle accidents in San Diego. We use all available evidence to track and locate at-fault drivers. We also investigate every accident to determine all parties that may bear liability for the losses and injuries suffered by our clients. 

Understanding Liability in Hit-and-Run Bicycle Accidents

In every negligence lawsuit, liability will attach to an at-fault party when:  

• That party owed a duty to the accident victim. 
• The negligent party breached that duty. 
• That breach was the direct and proximate cause of the accident victim’s injuries. 
• The victim suffered financial losses and damages.  

When negligence lawsuits go before a judge and jury in Southern California, San Diego injury lawyers will use all available evidence to prove these four elements of liability.  

This evidence can include testimony from the victim and the at-fault party, statements from eyewitnesses, police accident reports, photographs of the accident scene, expert testimony from accident reconstruction specialists, and reports from doctors about medical treatments provided to the victim. 

Determining Liability in a Hit and Run Bicycle Accident

In a hit and run bicycle accident case in San Diego, an attorney will follow a similar process with specific reference to California bicycle accident laws. As of 2023, for example, the state has a new law that requires drivers to move into another available lane when passing a bicyclist if it is open. A trial lawyer might use evidence from witnesses, surveillance cameras, and other sources to show that a motorist failed to make that required lane change and, accordingly, breached a duty owed to the bicyclist.  

In some situations, liability may also attach to parties other than a motorist who was the primary source of the hit and run bicycle accident. Consider, for example: 

• A town or municipality responsible for maintaining roads may bear some liability if unrepaired or poorly maintained road surfaces or inadequate signage contributed to the accident. 
• Third-party drivers who force a motorist into the path of a bicyclist might also be liable for injuries and losses. 
• If a bicyclist was riding on work-related business, their employer’s workers’ compensation insurance may be a source of recovery for lost wages and reimbursement of medical expenses. 
• If equipment or components of the car or the bicycle failed and that failure contributed to the hit and run bicycle accident, the manufacturer may bear liability for poor design or manufacturing. 

California bicyclists should also be aware that they may bear some liability for an accident. Under California’s pure comparative negligence laws, an injured party’s right to recover damages will be reduced in proportion to their fault. To reduce the likelihood that some liability will attach to cyclists, they should always follow all traffic laws, wear a helmet and other protective clothing, and keep their bicycles well-maintained.

Steps to Take After a Hit-and-Run Bicycle Accident

After a hit and run or any other type of bicycle accident in San Diego, you should:

• Get as far from the roadway as you can. 
• If possible, record a description of the car that hit you with as much information as possible. 
• Ask for contact information from any witnesses. 
• Take multiple photographs of the accident scene and make notes about the accident location, including names of nearby businesses that may have security camera footage. 
• Get a medical examination, even if you believe your injuries are minor. 
• Report the accident to the local police or sheriff. 
• Contact an experienced hit and run bicycle accident lawyer to begin recovering the damages you are entitled to receive. 

California gives you two years from the date of your bicycle accident to file a negligence lawsuit. However, the evidence in hit-and-run bicycle accidents can dissipate very quickly. Any delay in contacting and retaining a lawyer may be detrimental to the ultimate success of your case.  

Working with San Diego Hit and Run Bicycle Accident Lawyers

The bicycle accident lawyers at CaseyGerry are strong advocates for Southern California cyclists. We leverage our 75 years of experience in accident and negligence lawsuits to make cycling in and around San Diego safer for everyone by holding negligent drivers accountable for the injuries that they cause. 

We offer free consultations for all San Diego hit and run bicycle accident cases. We work on a contingency basis, so there are no upfront legal fees. Call us for a confidential and complimentary case review after your bicycle accident.