Below is a summary of California bicycle laws. Click here for Wisconsin bicycle laws.
California 3 foot law for People on Bicycles
Does California have a three foot bicycle law? Yes. This law requires people who drive motor vehicles to give a minimum of three feet space when attempting to overtake a human on a bicycle. If the driver of the motor vehicle cannot give a minimum of three feet the driver of the motor vehicle must wait behind the person on the bicycle until it is safe to pass. This is the same as passing other slow moving vehicles on roadways such as tractors, snow plows, horse buggy etc. If you were hit from behind by a person driving a motor vehicle in California the person who hit you violated the law and is at fault. You cannot give someone at least three feet and still hit them.
California Vehicle Code 21760 (California three feet for safety act), requires that:
(b) The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
(c) A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator. The driver of a motor vehicle overtaking or passing a bicycle that is proceeding in the same direction and in the same lane of travel shall, if another lane of traffic proceeding in the same direction is available, make a lane change into another available lane with due regard for safety and traffic conditions, if practicable and not prohibited by law, before overtaking or passing the bicycle.
(d) If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway.
Attorney Griessmeyer has represented numerous people who were injured while riding bicycles and struck from behind by motor vehicles including multiple jury trials where the person on the bicycle won.
California Dooring Law
Does California have a bicycle dooring law? Yes. If you get doored in California it means the person who opened the door is at fault for hurting you. The person is responsible for causing your damages including things such as medical bills, pain and suffering, change of lifestyle, worry, distress etc.
California Vehicle Code 22517 requires a person who is opening the door to a motor vehicle on a highway to make sure it is reasonably safe and that opening the door will not interfere with the movement of traffic. (people riding bicycles are part of “traffic,”), Attorney Griessmeyer has experience with dooring case including many lawsuits where insurance lawyers try to blame the person riding the bicycle who got doored. All dooring cases were resolved to the client’s satisfaction.
California Bicycle Helmet Laws
Can you ride a bike in California without a helmet? Yes. If you are over the age of 18. The State of California bicycle helmet law applies to people age 18 and under. California Vehicle Code 21212 States:
21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.
There is nothing unlawful about any person over the age of 18 choosing to ride a bicycle without a helmet. If you are an adult and got injured in a bike crash and did not have a helmet on it does not mean that you are at fault for the crash or your injuries. While insurance lawyers may try to argue your damages would have been less severe if you have a brain injury, it does not change the real facts of how the crash happened or that your injuries were caused by someone else. Attorney Griessmeyer has represented many people on bicycles who suffered brain injuries including people who were not wearing helmets. He has experience with bicycle cases involving permanent brain injuries, coma, and death. He has tried several bicycle brain injury cases to juries.
Can you text while riding a bicycle in California? Yes. California’s texting law refers to the operator of a motor vehicle. Therefore it does not apply to a person riding bicycle (unless it has a motor). Keep in mind if you are not paying attention whilst riding a bicycle an argument could be made that you are partially at fault for not using reasonable care etc. It is common in legal cases for lawyers to subpoena a person’s phone records when there is an issue with possible distracted driving. Insurance lawyers also may seek facebook and other social medical type evidence to fish around and see what a person who was injured is posting. Attorney Griessmeyer has been invovled in multiple lawsuits where the insurance lawyers subpoenaed a bicyclist’s garmin/strava/workout type evidence in an attempt to argue the person was not injured too badly. Attorney Griessmeyer has won multiple jury trials by using subpoenaed phone records to prove to the jury that the driver who struck the person on the bicycle was distracted by phone use.
Who is at fault when a person driving a motor vehicle turns right into a person riding a bicycle in a bike lane in California?
The person driving the motor vehicle. CVC 21717 requires a motorist to drive in a bike lane prior to making a turn. Whenever it is necessary for the driver of a motor vehicle to cross a bicycle lane that is adjacent to his lane of travel to make a turn, the driver shall drive the motor vehicle into the bicycle lane prior to making the turn and shall make the turn pursuant to Section 22100. CVC 22100 requires the person driving the motor vehicle to make the right turn as close as practicable to the right hand curb or edge of the roadway. The three foot law requires a person driving a motor vehicle who passes a person on a bike to give at least three feet space when passing. CVC 21209 states that a person using a bike lane in a motor vehicle to turn right may only do so within the last 200 feet from the intersection.
Riding Bicycle on sidewalk in San Diego California.
Can you ride a bike on a sidewalk in San Diego? Yes under some circumstances. Riding on the sidewalk is not allowed in front of commercial business unless signs say it is o.k. People riding on the sidewalk must yield to pedestrians. This is a common rule that also often applies to riding on shared use paths, general rule-motorized yields to non motorized, faster to slower and all yield to horses. San Diego municipal code 84.09 lists the rules related to biking on sidewalks in San Diego. See below:
§84.09 Bicycle Riding Restricted (a) No person shall operate a bicycle upon any sidewalk fronting any commercial business establishment unless official signs are posted authorizing such use. (b) Any person riding or operating a bicycle on any sidewalk or right of way not open to public vehicular traffic shall exercise due care and shall yield the right of way to pedestrians. (c) No person shall operate a bicycle on any sidewalk or right of way not open to public vehicular traffic at a speed greater than is reasonable and prudent having due regard for pedestrian traffic and in no event at a speed which endangers the safety of persons or property. (d) No person shall operate a cycle, with the sole exception of bicycles of conventional structure, designed to carry only one person or two persons, one behind the other with wheels one behind the other, upon the most westerly public walkway between San Diego Place and Law Street, known as Ocean Front Walk or Ocean Boulevard, and the most easterly public walkway between San Diego Place and Santa Rita Place, known as Bayside Walk. This subsection shall not apply to persons disabled or otherwise physically incapable of operating a conventionally designed bicycle.
Attorney Griessmeyer has experience with cases involving persons getting hurt while riding bicycles upon sidewalks, bike paths, bike lanes and other common areas.
Drunk or high bicycling in California.
Can you get a dui on a bike in California? Yes. CVC 21,200.5 specifically prohibits riding under the influence on a highway. The penalty if convicted is a fine only no jail but it is a misdemeanor crime not infraction. A “highway,” under the vehicle code, is not limited to what most people think of as highways. It includes any “way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. This includes public roads and streets in California.
21200.5. Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.
Can a person refuse a test? The operator of a “motor” vehicle in California must provide blood or breath alcohol if an officer properly requests it. This is because of the implied consent law for “motor” vehicles, CVC 23612 (a) (1) (a). A person riding a bicycle is not subject to the implied consent law unless they are operating a motor bicycle. Instead, the person operating a bicycle without motor can request an officer to test the person’s blood, breath, or urine for alcohol or drug content.
23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.
California safe passing of bicyclist law
Can a driver of a motor vehicle cross a double yellow center line to pass a slow moving vehicle? Only if one of the yellow lines is broken and the broken line is on the same side of the roadway as the driver of the motor vehicle. Note, California has a three foot law for passing humans on bicycles. See above. Thus if there is a double yellow line that is not broken, and the motor vehicle driver cannot pass with at least three feet space, then the motor vehicle driver must wait behind the bicyclists until it is safe not pass in an unsafe manner and later blame the humans on bikes.
CVC 21460:
(c) If the double parallel lines, one of which is broken, are in place, a person driving a vehicle shall not drive to the left of the lines, except as follows:
(1) If the driver is on the side of the roadway in which the broken line is in place, the driver may cross over the double lines or drive to the left of the double lines when overtaking or passing other vehicles.
California Bicycle Brake Law
Do people who ride bikes need to have brakes on their bikes in California? Yes. California law states that: CVC 21201(a) “No person shall operate a bicycle on a roadway unless it is equipped with a brake that will enable the operator to make one braked wheel skid on dry, level, clean pavement.” While a brake is required the law does not specific what type of brake.
Right of Way at Crosswalk
Do drivers of motor vehicle’s have to yield to humans walking, jogging or riding bicycles inside crosswalks? Yes for people walking or jogging, no for people riding bicycles.
CVC 21650 requires people riding bicycles to ride on the right half of the roadway. (g) states that people on bicycles are not prohibited from riding along any crosswalk or bicycle path crossing.
(g) This section does not prohibit the operation of bicycles on any shoulder of a highway, on any sidewalk, on any bicycle path within a highway, or along any crosswalk or bicycle path crossing, where the operation is not otherwise prohibited by this code or local ordinance
Who has the right of way when a person is riding a bicycle inside a crosswalk? CVC 21950 only requires operators of vehicles to yield the right of way to pedestrians. “(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”
CVC 467 defines pedestrians as “(a) A "pedestrian" is a person who is afoot or who is using any of the following: (1) A means of conveyance propelled by human power other than a bicycle.”
Thus, a person operating a vehicle (including a bicycle) shall yield the right of way to a person who is afoot crossing within any marked or unmarked crosswalk.
Can you ride a bike on the highway in San Diego County. In general no. But certain highways allow people to ride bicycles on them.
CVC 21960 allows the DOT and local authorities to prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board. Look for signs before the highway on ramp and along the highway to indicate or prohibit bicycle use.
Do bicyclists in San Diego, CA have to have lights at night? Yes.
California Vehicle Code 21202 requires people riding bicycles during darkness to a white front light visible from 300 feet in front and from the sides (or white light attached to the person visible from 300 feet), red rear light visible from 500 feet to the rear (under motor vehicle beams) white or yellow reflectors on pedeals visible from 200 feet
(d) A bicycle operated during darkness upon a highway, a sidewalk where bicycle operation is not prohibited by the local jurisdiction, or a bikeway, as defined in Section 890.4 of the Streets and Highways Code , shall be equipped with all of the following:
(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector or a solid or flashing red light with a built-in reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
(4) A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.
The reflectors and reflectorized tires shall be of a type meeting requirements established by the department.
(e) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in lieu of the lamp required by paragraph (1) of subdivision (d).
Calfornia bicycle hand signal laws
Do people riding bikes have to give a signal before turning? Sometimes yes, sometimes no. A signal is required when any other vehicle may be affected by the movement. When a person is required to signal, the signal should be given for the last 100 feet before turning.
CVC 22107:
No person shall turn a vehicle from a direct course or move right or left upon a roadway until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided in this chapter in the event any other vehicle may be affected by the movement.
CVC 22108:
Any signal of intention to turn right or left shall be given continuously during the last 100 feet traveled by the vehicle before turning.
Driving on or across a bicycle lane
Can a motor vehicle driver drive across a bike lane in San Diego? Yes, but only under three circumstances-to park, to enter or leave a roadway or to prepare for a turn. Attorney Griessmeyer has handled numerous cases of people on bicycles getting hit by a motor vehicle whilst riding in a bike lane.
CVC 21209:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection.
Bicyclist lane positioning on roadway
Do people riding bicycles in California have to ride to the far right side of the road? Sometimes yes, sometimes no. CVC 21202 requires people riding less than the speed of normal traffic to ride as far right as practicable. Exceptions to this general rule include 1. When passing a person on a bike or motor vehicle going the same direction;
2. When preparing for left turn into private road or driveway;
3. When necessary to avoid conditions that make it unsafe to ride to the far right. [Note, in dooring cases the insurance companies often argue that the person on the bicycle should have been riding further left to avoid the door. However, there is a specific statute that makes the person who opens the door at fault for a dooring crash].
The law also allows for people bicycling upon a one way street to ride on the left side of the street. CVC 21202 (b).
What is the law regarding e-bikes in California?
California Vehicle Code Section 312.5: (a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. (1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. (3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
Do you need insurance for your e-bike in California? The law does not require it (unless it is a pedicab).
CVC 24016 (a)
(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, driver‘s licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.
Can you ride a motorized bike on a bike path or in a bike lane in San Diego?
CVC 21207.5 prohibits motorized bicycles on bike paths or bike lanes.
21207.5.
(a) Notwithstanding Sections 21207 and 23127 of this code, or any other law, a motorized bicycle or class 3 electric bicycle shall not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.
(b) The local authority or governing body of a public agency having jurisdiction over a bicycle path or trail, equestrian trail, or hiking or recreational trail, may prohibit, by ordinance, the operation of a class 1 or class 2 electric bicycle on that path or trail.
Is an E-bike a motor vehicle under California law? No Why does this matter? Because many insurance policies such as homeowners, renters etc. may provide coverage for liability but the policy may exclude “motor vehicles.” Because an E-bike is not a motor vehicle, if someone hurts someone with an E-bike and has a liability policy through homeowners/renters etc. that has an exclusion for motor vehicles, the person who was hurt has a legitimate and correct argument that the exclusion does not apply and the insurance company should pay the injured person.
CVC 24016 (a)
(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, driver‘s licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.
What are the laws governing bike lanes in San Diego?
Under CVC 21207, the City of San Diego (or other local agencies) can establish bike lanes on non-State highways.”
Can San Diego Create and Enforce laws related to bike registration or parking or riding on sidewalks? Yes if the law does not conflict with State Statute.
Under California Vehicle Code 21206
This chapter does not prevent local authorities, by ordinance, from regulating the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the provisions of this code.
San Diego Bicyclist right to use roads.
Do people on bikes in California have the same right to the road as people who drive cars? Generally yes. See CVC 21200 (a).
A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division……..except those provisions which by their very nature can have no application.
In a legal case involving a person on a bicycle the lawyer should be familiar with provisions which apply only to people in motor vehicles and not people on bicycles. Attorney Griessmeyer has fought many times in court with insurance lawyers about which law applies to the person on the bicycle and which law applies to the person driving the motor vehicle. In a jury trial, before the jury gets the case, the lawyers argue for the instructions or law that they want the judge to read to the jury and argue against instructions/law that the lawyers feel is not appropriate for the facts of that case. The judge decides which law to read and then tells the jury what the law is. The jurors use the law given to them by the judge and apply it to the facts they heard during the trial from witnesses. The jurors get to decide the facts/ what to believe what not to believe. They have more power than anyone including the judge.