# What if a driver passed my bike too closely?

Canonical: https://californiapersonalinjurylaws.com/guides/unsafe-bicycle-pass/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

State law has rules for safely passing a bike. An unsafe pass may support an injury claim if it caused harm.

## Hypothetical example

A driver passes too close to a cyclist. The rider is forced off the road and falls.

## How the rule works

Vehicle Code section 21760 addresses passing a bicycle. A safe pass is about more than avoiding contact. The road, lanes, spacing, and driver’s choices need to be checked against the rule.

## What can change the answer

Lane-change and spacing rules depend on the road and conditions. Lack of contact does not answer every question of fault.

## A useful next step

Save proof of the road width and lane markings. Note traffic and people who saw the pass.

## Court decisions behind this answer

### Cabral v. Ralphs Grocery Co. (2011)

51 Cal.4th 764, slip op., pp. 1–3. The court rejected a broad no-duty rule for a truck stopped beside a freeway. Drivers still had to use ordinary care.

Limit: This case supports the general duty of driver care. The bike-passing requirements come from the Vehicle Code, not from this truck-parking decision.

Source: https://law.justia.com/cases/california/supreme-court/2011/s178799/

## Sources

- [Vehicle Code § 21760 — Passing a bicycle](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=21760.)
- [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Cabral v. Ralphs Grocery Co. (2011) 51 Cal.4th 764](https://law.justia.com/cases/california/supreme-court/2011/s178799/)

General information, not legal advice.