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Bicycle Accidents in El Monte: Your Rights and Who's at Fault
Bicycle Accidents · By Payam Soliemanzadeh ·
Written and reviewed by Payam Soliemanzadeh, Founder and President — Updated
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Cyclists have the same road rights as drivers in California. After an El Monte bike crash, here's how fault is decided — and why partial fault isn't the end.
Riding along Valley Boulevard or the San Gabriel River Trail in El Monte, a moment's inattention by a driver can change your life. Drivers and insurers are quick to blame the cyclist — but California law gives riders more protection than they often realize.
Cyclists have the same rights as drivers
Under California law a bicycle is treated as a vehicle, and riders generally have the same rights and duties as drivers (Vehicle Code § 21200). A motorist who turned across a bike lane, 'doored' a rider, or failed to give the required passing distance was negligent regardless of a rider's minor imperfections.
Partial fault doesn't end your claim
California follows pure comparative negligence, so being partly at fault only reduces your recovery by your percentage — it doesn't bar it. A cyclist found 25% at fault still recovers 75% of their damages.
How insurers inflate a rider's fault
Expect arguments about helmets, riding outside a bike lane, or 'coming out of nowhere.' Many don't reduce fault the way insurers claim, and comparative negligence limits any reduction rather than ending the claim.
Evidence keeps the fault split honest
The police report, the driver's line of travel, any camera footage, and witness accounts are what stop an insurer from overstating your share.
Local details for El Monte
- County: Los Angeles County
- Where a case is filed: An El Monte bicycle case is generally filed in the Los Angeles County Superior Court's East District (El Monte Courthouse).
- Key deadline: Generally 2 years (CCP § 335.1).
Cycling risk in El Monte concentrates along Valley Boulevard and Garvey Avenue, near the 10 and 605 freeways and the San Gabriel River Trail. Seriously injured cyclists are often taken to Los Angeles General Medical Center. Preserving nearby camera footage quickly protects your fault percentage.
Frequently asked questions
Do cyclists have the same rights as cars?
Largely yes — under California law a bicycle is treated as a vehicle with the same rights and duties on the road.
Can I recover if I was partly at fault?
Yes — under pure comparative negligence your recovery is reduced by your share of fault, not eliminated.
Does not wearing a helmet end my claim?
Generally no — it doesn't automatically bar recovery, though an insurer may raise it. The driver's negligence remains the central question.
Related reading
- Our Bicycle Accident practice
- Comparative fault after a Los Angeles bicycle accident
- Talk to an El Monte injury attorney
Hurt while cycling in El Monte? Don't let an insurer pin it on you. Call California Personal Injury Attorneys at (800) 800-8910 for a free, 24/7 case review.
This article is attorney advertising and provides general information only — it is not legal advice, and reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. For advice about your situation, speak with a licensed attorney.