Bicycle crashes are not accidents. When drivers text while driving, fail to check blind spots, violate cyclists' right of way, or drive impaired, the resulting crashes are predictable consequences of driver negligence - not random, unavoidable accidents. Yet insurance companies, police, and even the public treat bicycle collisions as inevitable accidents rather than preventable crashes caused by specific driver errors. This language shift matters because it affects how we think about these events and who bears responsibility. If you've been injured in a bicycle crash caused by a negligent driver in Nevada City or anywhere in Nevada County, you need representation that understands these aren't accidents - they're crashes requiring driver accountability and full compensation for your injuries.
Why Words Matter: Crashes vs. Accidents
Language shapes perception. The cycling community and safety advocates have pushed to eliminate the word "accident" from discussions of traffic crashes, particularly those involving vulnerable road users like cyclists and pedestrians. This isn't mere semantics - it's about accurately describing what really happens.
Accidents Imply Inevitability
The word "accident" suggests an unavoidable event, something that happens by chance with no one truly at fault. A tree falling in a storm that happens to strike a passing car - that's an accident. A driver checking their phone instead of watching the road and striking a cyclist - that's a crash caused by negligent driving.
When we call bicycle collisions "accidents," we implicitly excuse driver behavior. We suggest that cyclist injuries are unfortunate but inevitable consequences of sharing roads with motor vehicles, rather than preventable results of driver negligence.
Crashes Reflect Causation
Calling these events "crashes" accurately describes what occurred and why. A crash happens when a driver:
- Drives distracted: Texting, phone calls, eating, adjusting controls, or passenger interactions take attention from driving
- Fails to maintain proper lookout: Not scanning for cyclists, failing to check blind spots, or not seeing what was plainly visible
- Violates traffic laws: Running red lights or stop signs, failing to yield right of way, illegal turns, or speeding
- Drives impaired: Alcohol, drugs, fatigue, or medical conditions affecting driving ability
- Drives aggressively: Impatience, anger, or deliberate intimidation of cyclists
- Fails to accommodate cyclists: Not providing required passing distance, forcing cyclists off roads, or blocking bike lanes
Each of these represents a specific failure by the driver - a choice to engage in risky behavior or a failure to exercise reasonable care. These are not accidents; they're preventable crashes resulting from driver negligence.
Language Affects Legal Cases
The accident versus crash distinction matters in legal proceedings. When police reports, insurance adjusters, and even attorneys reflexively call bicycle collisions "accidents," it subtly shifts perception away from driver fault. It suggests these events just happen, with no particular party to blame.
In contrast, calling it a "crash" focuses attention on causation. What caused this crash? Which driver behaviors contributed? Could the driver have prevented this by following traffic laws and exercising reasonable care? These questions properly frame the issue as one of driver responsibility.
Throughout your case, we'll refer to bicycle crashes, not accidents, because accurate language matters when establishing liability and pursuing full compensation.
Common Driver Negligence Causing Bicycle Crashes
Understanding how driver negligence causes bicycle crashes helps establish liability and prevent future collisions.
Distracted Driving - The Leading Cause
Distracted driving has reached epidemic levels with smartphone proliferation. Drivers check texts, scroll social media, use GPS navigation, or make calls despite laws prohibiting handheld device use. These distractions cause bicycle crashes when drivers don't see cyclists at all, drift into bike lanes or shoulders where cyclists ride, fail to check blind spots before turning, or run red lights and stop signs.
The National Safety Council reports that drivers using phones have "inattention blindness" - they look but don't see. They may claim they looked before turning but honestly didn't see the cyclist. This isn't a defense - it proves they weren't paying adequate attention despite looking in the right direction.
Failure to Yield Right of Way
California law gives cyclists equal road rights, yet many drivers fail to yield when legally required. Common failure-to-yield crashes include left turns across cyclists' paths when cyclists have the right of way, right turns cutting off cyclists traveling straight, emerging from driveways or parking lots without yielding, and running stop signs or red lights where cyclists have the green light or right of way.
Drivers often see cyclists but misjudge their speed, thinking they have time to complete turns before cyclists arrive. Or they see cyclists but don't believe cyclists have equal right to the roadway. Either way, failure to yield establishes clear liability.
Unsafe Passing and Following Too Closely
California's three-foot passing law requires drivers to provide at least three feet clearance when passing cyclists. Yet drivers routinely violate this rule, passing too closely and creating dangerous situations. Close passes can cause crashes through drivers actually striking cyclists with mirrors or vehicle bodies, creating wind turbulence that destabilizes cyclists, or forcing cyclists toward road edges where hazards like potholes, gravel, or grates cause crashes.
Following too closely behind cyclists is equally dangerous. If cyclists need to brake suddenly for road hazards, following drivers may not have time to stop, rear-ending cyclists and causing severe injuries.
"I Didn't See Them"
Perhaps the most common driver excuse after striking cyclists is "I didn't see them." While drivers may honestly believe this, it doesn't excuse liability - it establishes negligence.
Drivers have a duty to maintain proper lookout. This means actively scanning for all road users including cyclists, checking blind spots before every turn and lane change, adjusting for weather and lighting conditions that reduce visibility, and avoiding distractions that prevent seeing what's plainly visible.
When drivers claim they didn't see cyclists wearing bright clothing, using lights as required by law, and riding predictably in bike lanes or on road shoulders, it proves the driver wasn't maintaining adequate lookout. Not seeing doesn't excuse the crash - it proves the driver breached their duty of care.
Common Driver Excuses and the Truth
| Driver's Excuse | The Legal Reality |
|---|---|
| "I didn't see them" | Failure to maintain proper lookout proves negligence |
| "They came out of nowhere" | Cyclists don't teleport - driver wasn't paying attention |
| "They were going too fast" | Cyclists have no speed limits unless posted |
| "They weren't wearing bright colors" | Not required by law; drivers must see all road users |
| "They should be on the sidewalk" | Often illegal; cyclists have road rights |
| "The sun was in my eyes" | Must slow or stop when unable to see safely |
10 Things to Do After a Bicycle Crash
The actions you take immediately after a bicycle crash significantly affect both your physical recovery and your legal case. Here are the ten most important steps to protect your health and legal rights.
1. Stay at the Scene and Ensure Safety
Don't leave the crash scene unless you require emergency medical transport. If possible, move yourself and your bicycle to a safe location away from traffic, but remain at the scene.
Leaving the scene before police arrive can create problems for your claim. Insurance companies may argue you weren't really injured if you left. Additionally, California law requires remaining at crash scenes.
If you're seriously injured and cannot move safely, have someone else move your bicycle if it poses a traffic hazard. Prioritize your safety but stay at the scene.
2. Call 911 Immediately
Always call 911 after bicycle crashes, even when injuries seem minor. Request both police and medical response.
Why police response matters: Police reports document crash details, establish a record of when and where the crash occurred, may cite the driver for traffic violations establishing liability, and create official documentation insurance companies cannot easily dismiss.
Why medical response matters: Some serious injuries aren't immediately apparent due to adrenaline. Professional medical evaluation documents injuries. Refusing medical attention at the scene allows insurance companies to argue injuries aren't serious.
Even if you feel okay, tell paramedics about every symptom. Don't downplay pain or injuries. Adrenaline masks pain initially but injuries become apparent hours or days later.
3. Get Driver and Vehicle Information
Obtain complete information from the driver who hit you:
- Driver information: Full name, address, phone number, and email
- Driver's license: Number and state, photograph the actual license
- Vehicle information: License plate number, make, model, color, and year
- Insurance information: Company name, policy number, phone number for claims
- Employment info: If driving for work, employer name and phone number
Don't rely on police to gather this information. Get it yourself. Photograph the driver's license, vehicle registration, and insurance card.
If the driver fled the scene (hit-and-run), write down everything you remember about the vehicle and driver immediately.
4. Photograph Everything Extensively
Photographs provide critical evidence. Take photos immediately while at the crash scene:
Your bicycle: All damage from multiple angles, close-ups of specific damage points, serial numbers, and the overall condition before being moved.
Your injuries: Visible injuries like road rash, cuts, bruises, and swelling. Take photos every few days as bruising develops and injuries heal, creating a visual timeline.
The vehicle: All damage from multiple angles, license plate, damage that may have come from striking you, and the overall vehicle condition.
The scene: Wide shots showing the intersection or road segment, bike lane markings if present, traffic controls (signals, signs, crosswalks), road conditions, weather conditions, sight lines and visibility, and any skid marks, bicycle tracks, or debris.
Your equipment: Damaged helmet, torn clothing, damaged lights or accessories, and cycling shoes or other gear.
Take far more photos than you think necessary. You can't return to the scene later and recreate conditions as they existed immediately after the crash.
5. Identify and Interview Witnesses
Witnesses provide independent verification of how the crash occurred, countering driver claims that contradict your account.
Find witnesses: Look for people who stopped to help, drivers or cyclists who saw the crash, pedestrians in the area, and people at nearby businesses or homes who may have heard or seen the collision.
Get their information: Full name, phone number, email address, and physical address. Photograph their driver's licenses if they consent.
Ask what they saw: While memories are fresh, ask witnesses to describe what they saw. Record their statements on your phone if possible, or write down their accounts.
Ask them to stay: If willing, ask witnesses to remain until police arrive to provide statements to officers.
Don't let witnesses leave without getting their information. Police may not identify or interview all witnesses, and without contact information, you cannot locate them later.
6. Document Everything in Writing Immediately
While everything is fresh in your mind, create written documentation of the crash:
Write down your account: Exactly what you were doing (riding straight, signaling, slowing, etc.), where you were positioned (bike lane, shoulder, road center), what the driver did (turned without signaling, ran red light, passed too close), the sequence of events leading to impact, and what happened after impact (where you landed, what you felt, what the driver said).
Note driver statements: Anything the driver said, especially apologies or admissions of fault like "I didn't see you," "I was checking my phone," "I'm so sorry," or explanations of what they were doing.
Document your symptoms: Every symptom you notice even if it seems minor including pain locations and severity, numbness or tingling, difficulty moving, headaches, dizziness, confusion, and emotional state (shaken, scared, angry).
Use your phone to type notes or record voice memos. Send yourself an email with all details. Create contemporaneous documentation before memories fade or become clouded by subsequent discussions.
7. Preserve Your Damaged Bicycle and Equipment
Your damaged bicycle is critical physical evidence. Do not repair or discard anything until your attorney and insurance companies inspect it.
Why preservation matters: Damage patterns prove impact location and forces involved, paint transfers may identify the vehicle, damage severity helps prove crash forces, and property damage value must be documented.
What to preserve: The entire bicycle in its post-crash condition, all damaged components even if already detached, your helmet even if no visible damage (helmets should be replaced after any impact), all damaged clothing and gear, and damaged lights, computers, or accessories.
How to preserve: Photograph everything before moving, store in a safe location where it won't be further damaged, don't clean anything - preserve road debris, paint transfers, etc., don't let well-meaning friends start repairs, and document everything with video showing all damage.
Insurance companies may claim damage is unrelated to the crash if repairs are made before inspection. Preserve everything until getting approval from your attorney.
8. Seek Immediate Medical Evaluation
Even if you declined ambulance transport, seek medical evaluation the same day or within 24 hours after bicycle crashes.
Why immediate care matters: Some serious injuries don't cause immediate symptoms. Adrenaline masks pain initially. Delayed treatment gives insurance companies arguments that injuries aren't serious. Medical records document the injury-crash connection.
Where to seek care: Emergency department for significant injuries, urgent care for moderate injuries, or your primary care physician for minor injuries. Don't wait days or weeks.
What to tell doctors: Describe exactly how the crash occurred, report every symptom even if it seems minor, and explain all areas of pain, numbness, or altered sensation. Don't minimize symptoms or say "I feel fine" if you don't.
Follow all recommendations: Complete all imaging studies ordered, follow up with specialists as recommended, attend physical therapy, and comply with activity restrictions. Non-compliance gives insurance companies arguments against you.
9. Do NOT Give Statements to Insurance Companies
Insurance adjusters will contact you quickly, often within hours of crashes. They seem friendly and concerned, but their goal is getting statements they can use to deny or minimize your claim.
Don't give recorded statements: Politely decline all recorded statement requests. You're not legally required to give recorded statements to the other driver's insurance.
Don't sign medical authorizations: These give insurance companies access to your complete medical history, which they'll use to search for pre-existing conditions to blame for your injuries.
Don't discuss fault: Don't speculate about what happened, admit any fault, or minimize your injuries. Simple facts only: "I was riding my bicycle when the driver struck me."
Don't accept quick settlement offers: Initial offers are typically far below case value. They come before you understand injury severity and may require releasing all claims for inadequate money.
Consult an attorney first: Contact an experienced bicycle crash attorney before dealing with insurance companies. Let your attorney handle all insurance communications.
10. Download and Save All Cycling Data
If you use Strava, Garmin, Wahoo, or other cycling computers or apps, this data provides valuable evidence.
What data shows: Your GPS location on the road at impact, your speed when struck, your route and path of travel, sudden deceleration indicating impact, heart rate spikes indicating the crash, and timeline proving your location at specific times.
How to preserve data: Immediately download the GPS file from your device, take screenshots of your activity on Strava or other platforms, export all data in multiple formats, save to multiple locations (phone, computer, cloud), and provide copies to your attorney.
Don't rely on data remaining available online. Platforms may delete activities, accounts get closed, or data gets overwritten. Download everything immediately after crashes.
This data is particularly valuable for countering driver claims about your speed, position, or behavior. GPS data doesn't lie about where you were and how fast you were traveling.
Injured in a Bicycle Crash?
These aren't accidents - they're crashes caused by driver negligence. We hold negligent drivers accountable. Free consultation.
Call (530) 265-0186 NowSerious Injuries From Bicycle Crashes
The force disparity between cyclists and motor vehicles means even "minor" crashes from the driver's perspective cause serious cyclist injuries.
Why Bicycle Crashes Cause Severe Injuries
Cyclists have no protective structure. No seatbelts, no airbags, no steel frame absorbing impact forces. The cyclist's body takes the full force of collision. A 3,000-pound vehicle striking a 150-pound cyclist at 25 mph creates devastating forces, yet the vehicle may show minimal damage.
This disconnect between property damage and injury severity creates problems when insurance companies point to minor vehicle damage and argue the crash was too minor to cause serious injuries. They ignore that the cyclist absorbed forces that would have gone into damaging a heavier vehicle.
Common Catastrophic Injuries
Traumatic brain injuries: Despite helmet use, cyclists suffer concussions, skull fractures, and severe brain trauma from impacts with vehicles, pavement, or other objects. These injuries cause cognitive problems, personality changes, headaches, and long-term disability.
Spinal cord injuries: The most devastating bicycle crash injuries involve spinal cord damage causing partial or complete paralysis, permanent sensory deficits, chronic pain, and lifetime medical needs.
Multiple fractures: Cyclists commonly suffer simultaneous fractures of collarbones, arms, wrists, hips, pelvis, legs, ankles, and facial bones. Multiple fractures require extensive surgery, prolonged recovery, and often cause permanent limitations.
Internal organ damage: Blunt force trauma causes liver or spleen lacerations, kidney injuries, punctured lungs from broken ribs, and internal bleeding requiring emergency surgery.
Severe road rash: High-speed slides across pavement remove skin layers down to muscle or bone. Severe road rash requires debridement, skin grafting, and leaves permanent scarring. Insurance companies minimize road rash despite excruciating pain and extensive treatment.
Long-Term Consequences
Many bicycle crash injuries cause permanent problems including chronic pain limiting activities and work, reduced range of motion in injured joints, arthritis developing in fractured joints, nerve damage causing permanent numbness or weakness, post-traumatic stress making cycling anxiety-inducing or impossible, and visible scarring affecting self-esteem and relationships.
These long-term consequences must be factored into case valuation through life care planning, vocational analysis, and comprehensive damage calculation.
Insurance Company Bad Faith Tactics
Insurance companies use specific tactics to deny or minimize bicycle crash claims, exploiting anti-cyclist bias and crash complexities.
Shifting Blame to Cyclists
The default insurance strategy claims cyclists contributed to crashes. Common arguments include alleging cyclists were riding recklessly or too fast (without evidence), claiming cyclists violated traffic laws (often false), arguing cyclists should have anticipated driver negligence and avoided the crash, blaming cyclists for not wearing bright colors or using enough lights, and suggesting cyclists shouldn't have been on the road at all.
These arguments exploit anti-cyclist bias. They suggest that any time a cyclist is struck, the cyclist must have done something wrong. Countering these tactics requires clear evidence of the driver's negligence, documentation that the cyclist was following all traffic laws, and effective advocacy emphasizing that drivers bear responsibility for avoiding crashes regardless of cyclist behavior.
Comparative Negligence Defense
Even when driver liability is clear, insurance companies argue comparative fault to reduce payouts. California's pure comparative negligence system reduces recovery by the plaintiff's percentage of fault. If you're found 30% at fault, your $100,000 recovery becomes $70,000.
Insurance companies exploit this by inventing comparative fault arguments. They claim you were riding too far into the lane (ignoring your right to use full lane), were traveling too fast (cyclists generally have no speed limits), failed to take evasive action (they argue you could have swerved or braked to avoid the negligent driver), or weren't visible enough (despite wearing bright clothing and using lights).
Fighting comparative fault requires comprehensive evidence, effective presentation of California bicycle law, witness testimony corroborating your account, and demonstrating that the driver's negligence was the sole cause of the crash.
Denying Uninsured Motorist Claims
Hit-and-run bicycle crashes are common, requiring uninsured motorist (UM) claims against your own insurance. Insurance companies defend these claims aggressively despite being obligated to provide coverage.
Common UM denial tactics include claiming no physical contact occurred (UM requires contact in most cases), arguing reporting requirements weren't met (24-hour police report and 30-day insurance notice), disputing whether a motor vehicle was involved, and undervaluing claims once coverage is accepted.
UM claims involve complex policy interpretation requiring experienced legal representation to overcome insurance company resistance.
Why You Need an Attorney for Bicycle Crash Cases
Bicycle crashes are not simple car accidents. They involve unique legal issues requiring focused representation.
Understanding Cycling and Cyclist Rights
Effective representation requires understanding cyclists' perspective, California bicycle law and cyclists' road rights, common driver negligence patterns causing crashes, anti-cyclist bias and how to counter it, and bicycle equipment and proper valuation.
We understand these issues from representing numerous injured cyclists over 25+ years. We know that crashes aren't accidents - they're predictable results of driver negligence requiring accountability.
Comprehensive Evidence Development
Winning bicycle crash cases requires thorough evidence development including prompt crash scene investigation and documentation, witness identification and interviews, surveillance footage preservation, bicycle and equipment damage analysis, medical evidence documenting injury severity, accident reconstruction when crash dynamics are disputed, and cycling computer data analysis.
Insurance companies know which attorneys properly investigate cases and which accept whatever evidence happens to be available. Thorough investigation creates leverage.
Trial Experience
Our 25+ years includes hundreds of trials. Insurance companies know we're prepared and willing to try bicycle crash cases when they refuse fair settlement. This trial readiness creates settlement leverage producing better outcomes than attorneys who never try cases.
Contingency Fee Representation
We handle bicycle crash cases on contingency fees. You pay nothing upfront and nothing unless we recover compensation.
Our Fee Structure
29% before filing lawsuit: Lower than most attorneys' 33⅓% standard rate
33⅓% after filing lawsuit: Standard rate once litigation begins
40% if trial required: Reflects extensive trial preparation and courtroom time
Calculated on net recovery: We calculate fees after deducting costs, meaning you keep more money
No recovery = no fee: If we don't win, you owe nothing for attorney fees or costs we advanced
Contact Our Nevada City Office
If you've been injured in a bicycle crash in Nevada City or anywhere in Nevada County, contact Phillips Personal Injury for a free consultation. We're located at 305 Railroad Avenue, Suite 5, in downtown Nevada City.
We understand that bicycle crashes aren't accidents - they're predictable results of driver negligence. We hold negligent drivers accountable and pursue full compensation for injured cyclists.
Call (530) 265-0186 today. Free consultation. No fee unless we win your case.