Bike & Pedestrian Accidents

San Diego Bicycle and Pedestrian Accident Attorneys

Khashayar Law Group represents bicyclists and pedestrians seriously injured by motor vehicles throughout San Diego County. Bike and pedestrian crashes produce disproportionate injuries because vulnerable road users absorb the full impact force without the protection a vehicle provides. The legal framework — California Vehicle Code right-of-way rules, comparative negligence, and government claim requirements when road defects contribute — requires trial-ready counsel willing to take the case to verdict.

California Vehicle Code Right-of-Way Rules

Key California rules include:

• Pedestrians in crosswalks — California Vehicle Code §21950 generally requires drivers to yield to pedestrians in marked or unmarked crosswalks at intersections.
• Bicycles on roadways — California Vehicle Code §21200 grants bicyclists the same rights and duties as drivers.
• Three-foot passing rule — California Vehicle Code §21760 requires drivers passing a bicycle in the same direction to maintain at least three feet of clearance.
• Bike lanes — California Vehicle Code §21208 limits when bicyclists must use a bike lane and when they can leave it.
• Headphones and electronic devices — California Vehicle Code §27400 restricts bicyclists from covering both ears.
• Jaywalking — Vehicle Code §21955 (the Freedom to Walk Act amendments) substantially reformed jaywalking enforcement effective January 2023.

Common Injury Patterns

Common bike and pedestrian crash injuries include traumatic brain injury (often despite helmet use), spinal-cord injury, fractures of the pelvis, femur, tibia, and wrist, road-rash and degloving injuries, and internal injuries. These categories produce significant medical expenses, long recovery timelines, permanent disabilities, and elevated wrongful death exposure when the crash is fatal.

How Khashayar Law Group Handles These Matters

Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.

ABOTA Membership and What It Means for Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.

Time Limits and Governing California Law

California Code of Civil Procedure §335.1 generally provides a two-year statute of limitations for personal injury arising from a bike or pedestrian crash. If a government vehicle, government driver, or a public road defect (poor crosswalk design, missing signage, dangerous intersection) contributed, California Government Code §911.2 requires a written government claim within six months.

Frequently Asked Questions

Does California's pure comparative negligence rule apply to bike and pedestrian cases?

Yes. Under California Civil Code §1714, even when the bicyclist or pedestrian was partially at fault, recovery is reduced by the percentage of fault — not eliminated.

I was struck while crossing outside a crosswalk — can I still recover?

Often yes. California pedestrians outside crosswalks must yield to vehicles, but drivers must still exercise reasonable care. Pure comparative negligence applies — the recovery is reduced by the pedestrian's percentage of fault.

What's the three-foot passing rule?

California Vehicle Code §21760 requires drivers passing a bicycle in the same direction to maintain at least three feet of clearance. Violations are admissible as evidence of negligence in civil cases.

How long do I have to file a bike or pedestrian accident claim in California?

Two years from the crash under California Code of Civil Procedure §335.1; six months for a written government claim under Government Code §911.2 if a government entity is involved.

What if the driver fled the scene?

Hit-and-run cases require pursuing uninsured motorist coverage on the client's own auto policy (or a household policy), and California Victims Compensation Board benefits where applicable. The firm investigates every available recovery source.

Talk to a San Diego Bike or Pedestrian Accident Attorney

Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.