Proving Negligence When a California Driver Claims They “Didn’t See” a Cyclist

One of the most common things drivers say after hitting a cyclist is, “I didn’t see them.” In San Diego, where bicycles share crowded streets with cars, trucks, and rideshare vehicles, this excuse is used in countless injury claims. Unfortunately, for injured cyclists, those words often become the foundation for insurance companies trying to deny or minimize responsibility.

Not seeing a cyclist does not excuse a driver from liability. Under California law, motorists have a duty to remain alert, scan for bicyclists, and share the road safely. When a driver fails to notice a cyclist who was legally on the roadway, that failure is often evidence of negligence.

Why Cyclists Are Frequently Overlooked on the Road

Cyclists are smaller than vehicles and can be harder to notice in heavy traffic. However, that does not absolve drivers of responsibility. San Diego’s roadways are filled with conditions that require heightened awareness.

Common factors include:

• Heavy traffic near downtown, beach communities, and freeway on-ramps.
• Drivers distracted by phones, navigation systems, or rideshare apps.
• Vehicles making turns across bike lanes.
• Parked cars are blocking sightlines at intersections.
• Poor lighting during early morning or evening hours.

When drivers fail to scan the roadway properly, cyclists are put in danger.

What Negligence Means in a Bicycle Injury Case

Negligence occurs when a driver fails to act with reasonable care under the circumstances. In bicycle collision cases, this often involves failing to maintain a proper lookout.

Drivers are required to:

• Watch for cyclists in bike lanes and traffic lanes.
• Yield when turning across a cyclist’s path.
• Check mirrors and blind spots before changing lanes.
• Adjust speed and position to avoid hitting a rider.
• Follow California bicycle safety laws.

A claim that a driver “didn’t see” a cyclist usually means one of these duties was not met.

The Injuries Cyclists Commonly Suffer

Because cyclists lack physical protection, collisions often result in serious injury.

These injuries may include:

• Traumatic brain injuries.
• Broken bones and joint damage.
• Spinal cord and neck injuries.
• Road rash and deep lacerations.
• Facial and dental injuries.
• Permanent nerve damage.

Many cyclists face long recoveries, lost income, and ongoing medical care.

How Evidence Proves a Driver Was Not Paying Attention

Insurance companies frequently try to frame cyclist injuries as unavoidable. Substantial evidence can show that the driver should have seen the cyclist and avoided the crash.

Our San Diego bicycle accident attorneys often collect:

• Traffic camera and surveillance footage.
• Dashcam video.
• Witness statements.
• Vehicle event data.
• Bicycle and vehicle damage analysis.
• Accident reconstruction reports.
• Medical documentation of injury severity.

This evidence helps establish where the cyclist was, how visible they were, and how the driver failed to react.

Comparative Fault Does Not Eliminate Liability

California follows a comparative negligence system. Even if a cyclist is found partially at fault, they can still recover compensation. Insurers often try to blame cyclists for riding too fast, being in the wrong lane, or not wearing bright clothing.

These arguments are designed to reduce payouts, not reflect reality. The core question remains whether the driver failed to exercise reasonable care.

How National Injury Help Supports Injured Cyclists

At National Injury Help, we understand how often cyclists are unfairly blamed after serious crashes. Our attorneys investigate every aspect of the collision, challenge insurance company defenses, and fight for compensation that reflects the actual impact of the injuries. We pursue recovery for medical bills, lost wages, pain and suffering, and long-term care needs.

If you or someone you love was hit by a driver who claims they did not see the cyclist, contact National Injury Help for a free consultation. Our Trusted San Diego County bicycle injury attorneys are ready to protect your rights and pursue the justice you deserve.