Santa Cruz Bicycle Accident Attorney

Attorney Michael Rehm - (800) 978-0754

Bicycle Accidents in Santa Cruz County

Attorney Michael Rehm represents cyclists injured in accidents throughout Santa Cruz County. In 2023, Santa Cruz County recorded 149 bicycle accident victims — ranking 1st worst among California's 58 counties, according to the California Office of Traffic Safety. Within the city of Santa Cruz, 58 bicycle accident victims were recorded that year, ranking 2nd worst among comparable California cities. In Capitola, 11 bicycle victims ranked 2nd worst among smaller California cities.

Over the 12 years from 2013 to 2024, 86 pedestrians and cyclists were killed and more than 3,000 were injured in Santa Cruz County, according to Santa Cruz Local. Law enforcement records from that period identify the most crash-prone corridors for cyclists: Ocean Street in Santa Cruz, Soquel Avenue and Soquel Drive through Santa Cruz, Live Oak, and Soquel, Highway 9 at Highway 1, and Bay Avenue in Capitola. Two cyclists were killed on Ocean Street alone since 2019.

The Legal Basis for a Bicycle Accident Claim

Cyclists have the same rights and responsibilities on the road as motor vehicle operators. Vehicle Code §21200 provides that a person riding a bicycle upon a highway has all the rights applicable to the driver of a vehicle. California Civil Code §1714 imposes a duty of ordinary care on every person operating a vehicle — a driver who strikes a cyclist by failing to yield, failing to check mirrors, or failing to maintain a safe passing distance has breached that duty.

Vehicle Code §21760, California's three-foot passing law, requires drivers to provide a minimum of three feet of clearance when passing a bicycle. A driver who fails to maintain that distance and strikes a cyclist has violated this statute, which is evidence of negligence per se.

The California Supreme Court confirmed in Rowland v. Christian (1968) 69 Cal.2d 108 that the duty of ordinary care is the default rule — no exception exists for accidents involving cyclists on public roads.

UM/UIM Coverage for Cyclists

One of the most important and least understood aspects of bicycle accident claims is that uninsured and underinsured motorist coverage applies to cyclists — not just vehicle occupants. Insurance Code §11580.2 requires that UM/UIM coverage apply when the insured is injured by a motorist. A cyclist injured by a hit-and-run driver or an uninsured driver may have a valid claim under their own automobile insurance policy — even though they were not in a vehicle at the time of the accident. This coverage must be evaluated at the outset of every bicycle accident case.

The Bias Defense

Insurers sometimes argue that cyclists assume the risk of road conditions or that a cyclist's presence on a particular road was itself negligent. These arguments must be raised and proven by the defendant. Under California's pure comparative fault system, any contributory negligence on the part of the cyclist reduces the recovery proportionally — it does not bar the claim. A cyclist found 25 percent at fault in a $400,000 case recovers $300,000.

How Bicycle Cases Proceed in Santa Cruz Superior Court

Bicycle accident lawsuits are filed at the Santa Cruz County Courthouse, 701 Ocean Street, Santa Cruz. Under Local Rule 2.1.01, the first case management conference is set approximately 120 days after filing. According to Judicial Council data for fiscal year 2022–23, Santa Cruz Superior Court reported zero personal injury jury trials. Cases resolve through settlement in the vast majority of instances.

The Statute of Limitations

Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts. Contact Attorney Michael Rehm to assess the timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles bicycle accident cases throughout Santa Cruz County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.