Home » Blog » How Long Do I Have to File a Pedestrian or Bicycle Accident Claim in California?
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Last Modified on Oct 18, 2026
Most pedestrian or bicycle accident claims must be filed within two years of the crash, but that window can shrink to just six months if a government entity may be at fault.
Knowing which deadline applies can decide whether you recover anything at all.
Bentley & More LLP handles pedestrian and bicycle crash cases across California, including ones involving dangerous roads and public entities, and can help you figure out where your case stands.
Key Takeaways
- Most pedestrian and bicycle crash claims must be filed within two years under Cal. Civ. Proc. Code § 335.1.
- Claims against a city, county, school district, or Caltrans require a written claim within six months.
- Minors generally get until their 20th birthday to sue, though a government claim still needs that six-month notice.
- Waiting too long can cost you witnesses, video footage, and evidence your case depends on.
The Two-Year Rule for Most Pedestrian and Bicycle Claims
California law generally gives an injured person two years from the date of injury to file a personal injury lawsuit. Wrongful death claims must be filed within two years of someone’s death.The two-year rule covers most pedestrian and bicycle crashes.
A pedestrian or bicycle accident attorney can help confirm your exact filing date.
A Claim Against a City, County, or Caltrans Moves Much Faster
Some pedestrian and bicycle crashes trace back to a cracked sidewalk, a missing bike lane stripe, or a poorly timed signal. When a dangerous condition of public property is involved, a city, county, or Caltrans becomes a possible defendant. You must present a claim within six months of the accident.
If the entity denies the claim, a six-month lawsuit deadline follows from that denial. Bentley & More LLP has handled roadway-defect cases including a $31.5 million verdict against Caltrans over a dangerous highway dike and a $16.5 million settlement tied to a roadway design problem in Pasadena. Past results do not guarantee future case outcomes.
How a Child’s Age or a Hit-and-Run Can Shift Your Timeline?
Not every case follows the standard two-year rule.
- Minors: They have until two years after their 18th birthday to sue, though a government claim must still go in within six months.
- Hit-and-run or uninsured drivers: These cases often shift toward an uninsured motorist claim against your own policy, which carries its own separate notice deadlines. Learn more about what to do after an uninsured motorist accident in California.
Speaking with an attorney early can help you make sure you don’t miss an essential deadline.
What Happens If You Miss the Deadline?
Missing a filing deadline in California almost always ends the right to recover anything, regardless of how serious the injury or how clear the fault. Courts enforce these windows strictly. A consultation about your timeline costs nothing and can clarify matters while the facts are still fresh.
Frequently Asked Questions
Does the two-year deadline change if the driver fled the scene in California?
In California, statute of limitations does not change, but hit-and-run crashes often move toward an uninsured motorist claim against your own policy. That claim type carries its own notice deadlines set by the policy, separate from the two-year court deadline. Report the crash to police and your insurer quickly so you don’t lose your right to make a claim.
Can I still sue if I was a minor at the time of the crash in California?
Generally yes, in California. The filing clock pauses until the minor turns 18, which usually means until their 20th birthday to file a standard claim. If a government entity is involved, a parent or guardian still needs to present a claim within six months or ask to file a late claim within one year.
Do I need to deal with my insurance company before the deadline passes in California?
In California, settling with an insurer is separate from the court filing deadline, and insurance talks do not pause the clock. Many claims drag through negotiation only to run short on time, so track the filing deadline independently of settlement discussions.
Bentley & More LLP: A California Pedestrian and Bicycle Accident Law Firm
Figuring out whether you have two years or six months can feel confusing right after a crash, especially while you’re still recovering.
Every week that passes without action is a week closer to a deadline you may not even know applies to your case. Contact us today to talk through your situation.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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