Orange County Bicycle Accident Lawyer
An experienced Orange County bicycle accident lawyer helps injured cyclists recover compensation for medical bills, lost wages, and pain and suffering while handling insurance disputes and proving driver negligence on local roads from PCH to inland bike paths.
From our Newport Beach offices, Bentley & More LLP serves injured cyclists from San Clemente to Brea, understanding both the local cycling community and the legal strategies that secure meaningful compensation. Our attorneys understand the devastating impact of bicycle accidents, from traumatic brain injuries requiring lifetime care to wrongful death cases that leave families grieving, and we fight for accountability from all responsible parties.
Whether you were doored by a parked car in downtown Fullerton, struck by a right-turning vehicle in Costa Mesa, or injured by a hit-and-run driver on the Santa Ana River Trail, you may have legal rights to compensation. Contact us at (949) 870-3800 for a free consultation about your case.
Key Takeaways
- Bicycle accident victims have two years to file personal injury claims in California, but only six months for government claims involving dangerous road conditions
- Compensation includes medical expenses, lost income, pain and suffering, and property damage, with additional sources through UM/UIM coverage when drivers lack adequate insurance
- California’s comparative negligence law allows recovery even if you’re partially at fault, though your compensation is reduced by your percentage of responsibility
- E-bike accidents involve additional considerations, including classification levels, speed restrictions, and potential product liability claims for battery fires or brake failures
- Legal representation can significantly improve outcomes by coordinating medical treatment, preserving evidence, and countering arguments about the cyclist’s fault
Why Choose Bentley & More LLP for Your Orange County Bike Accident Case
Bentley & More LLP brings decades of trial experience to catastrophic bicycle accident cases that demand sophisticated litigation strategies and substantial resources. Our founding partners, Greg Bentley and Keith More, built their practice handling complex personal injury claims requiring extensive medical documentation, accident reconstruction, and often multiple defendants.
What sets our approach apart for bicycle accident victims?:
- Comprehensive investigation into recovery sources – We pursue available claims against drivers, government entities, product manufacturers, and your own UM/UIM coverage to secure fair compensation
- Trial-ready representation – Insurance companies know we’ll take cases to court, motivating settlement offers
- Catastrophic injury focus – We handle serious cases involving spinal cord damage, traumatic brain injuries, and wrongful death, not minor injury claims
- Resource investment in your case – Access to accident reconstruction professionals, medical specialists, and life care planners who can help build compelling evidence, when needed
- Local Orange County presence – From our Newport Beach offices, we know the roads from PCH to Santiago Canyon, the jurisdictions from Anaheim to San Clemente, and the judges who hear these cases
Our firm’s recent victories include substantial settlements for cyclists with spinal cord injuries, families who lost loved ones to distracted drivers, and riders injured by dangerous road conditions that government entities failed to repair. While each case presents unique challenges, our commitment remains constant: pursuing every available avenue for compensation while treating clients with the respect and personal attention they need during recovery.
Contact our Orange County bicycle accident attorneys at (949) 870-3800 for a free consultation about your case.
Understanding Your Rights as an Injured Cyclist in California
California law provides robust protections for cyclists, recognizing bicycles as vehicles with full rights to use public roads. Vehicle Code Section 21200 grants cyclists the same rights and responsibilities as drivers, meaning motorists must yield, signal, and share the road appropriately. Recent legislative changes through AB 1909 strengthened these protections, updating passing requirements and clarifying when cyclists may leave bike lanes for safety.
Many misunderstand California bicycle laws, leading to incorrect fault determinations. For example, contrary to popular belief, cyclists aren’t required to use bike lanes when they’re unsafe due to debris, parked cars, or dangerous conditions. Vehicle Code Section 21208 lists numerous exceptions allowing cyclists to leave bike lanes, including when passing, turning left, or avoiding hazards.
The three-foot passing law requires drivers to maintain at least three feet of clearance when overtaking cyclists. If traffic conditions prevent safe passing with three feet of space, drivers must slow to a reasonable speed and pass only when it won’t endanger the cyclist. Violations of this law establish clear negligence in accident cases, though proving the distance at impact often requires careful investigation.
Dooring incidents, where cyclists collide with suddenly opened car doors, represent another area where California law protects riders. The law prohibits opening vehicle doors unless it’s reasonably safe and won’t interfere with traffic, including bicycles. Despite this, dooring remains a leading cause of urban cycling injuries, particularly along busy commercial streets in Orange County cities.
Common Causes of Bicycle Accidents Throughout Orange County
Orange County’s unique mix of beach communities, dense urban centers, and sprawling suburbs creates distinct hazards for cyclists. From the tourist-heavy Pacific Coast Highway to the industrial corridors of Anaheim and Santa Ana, each area presents different risks that riders face daily.
Driver Negligence and Bike Crashes
Some of the most devastating bicycle accidents happen at intersections where drivers fail to notice or yield to cyclists. Right-hook collisions like along Beach Boulevard and Harbor Boulevard, where drivers turn right across bike lanes without checking for cyclists traveling straight. Similarly, left-cross accidents occur when oncoming drivers cut across a cyclist’s path, later claiming they never saw the rider despite clear daytime visibility.
Distracted driving is another common example of negligence that leads to these crashes. Unlike vehicle occupants protected by airbags and steel frames, cyclists suffer catastrophic injuries when distracted drivers drift into bike lanes or blow through intersections while texting. Proving distraction is key to these claims, but it can require strategic investigation.
Hit-and-runs are another troubling example of car vs. bike collisions. After striking cyclists, panicked or impaired drivers may flee rather than face responsibility, leaving victims injured on the roadside. Immediately reporting hit-and-runs is crucial for identifying the driver and securing compensation through your uninsured motorist coverage.
Dangerous Road Conditions and Government Liability
Beyond driver error, poorly maintained or designed roads contribute to countless Orange County bicycle crashes. When government agencies fail to provide safe cycling infrastructure, they may share liability for resulting injuries.
Common road hazards that create government liability claims include:
- Bike lanes suddenly ending without warning, forcing cyclists into traffic
- Accumulated debris, broken glass, or overgrown vegetation blocking bike lanes
- Dangerous pavement edges or lips between bike lanes and traffic lanes
- Intersection designs that leave cyclists exposed with no safe crossing path
- Construction zones lacking proper detours or warning signs for cyclists
What makes these cases complex is that different agencies control different roads—Orange County Public Works maintains unincorporated areas, individual cities handle their own streets, and Caltrans manages state routes like PCH.
Government claim procedures and deadlines differ from those of other types of injury claims. A lawyer can explain your options, deadlines, and help you file a claim to secure your legal rights.
E-Bike Accidents: New Technology, New Risks
The explosion of e-bike usage across Orange County has introduced complications beyond traditional cycling accidents. These motorized bicycles reach higher speeds (up to 28 mph for Class 3 models), dramatically increasing impact forces and injury severity.
E-bike crashes often involve multiple liability theories beyond just driver negligence. Battery fires during charging or riding have caused severe burns, while brake systems designed for traditional bikes fail under e-bike speeds and weights. Sudden acceleration or power cutoff issues have thrown riders into traffic.
When equipment failures contribute to accidents, our lawyers explore product liability claims against manufacturers and retailers alongside claims against negligent drivers, potentially increasing available compensation for your injuries.
Catastrophic Injuries From Bicycle Accidents
Bicycle accidents often cause severe injuries due to riders’ exposure and the physics of vehicle-versus-bicycle collisions. Even low-speed impacts can throw cyclists onto pavement or into objects, causing trauma that affects every aspect of life.
The most serious injuries from Orange County bicycle accidents typically include multiple trauma types requiring extensive, coordinated medical treatment:
- Traumatic brain injuries (TBI) – Concussions, skull fractures, and intracranial bleeding that may not show symptoms immediately but cause long-term cognitive problems, personality changes, and increased neurological risks
- Spinal cord damage – Complete or partial paralysis, compression fractures, herniated discs, and nerve injuries resulting in chronic pain and requiring lifetime medical care
- Multiple fractures – Clavicle, wrist, facial bones, ribs, and hip fractures often requiring surgery, hardware implantation, and months of rehabilitation
- Internal organ damage – Liver lacerations, kidney injuries, and internal bleeding from handlebar impacts or being thrown onto objects
- Severe road rash and soft tissue damage – Deep abrasions requiring skin grafts, nerve damage, and permanent scarring affecting appearance and function
These injuries create cascading consequences beyond immediate medical treatment. Victims often cannot return to work for months or permanently, lose the ability to participate in activities they enjoyed, and face mounting medical bills while their income disappears. Moreover, these injuries can create ongoing distress and expenses.
The Insurance Claims Process After a Bicycle Accident
Successfully recovering compensation after a bicycle accident requires understanding available insurance coverage and how different policies interact. California’s insurance system provides multiple potential sources of recovery, though insurance companies often resist paying legitimate claims.
Your first source of compensation might be the at-fault driver’s liability insurance, which California requires at minimum limits of $15,000 per person and $30,000 per accident. These minimums rarely cover serious bicycle accident injuries, making it crucial to identify additional coverage. The driver might carry higher limits, umbrella policies, or commercial coverage if driving for work or rideshare companies.
Your own auto insurance provides important protections even though you were cycling, not driving. Medical Payments (MedPay) coverage pays immediate medical bills regardless of fault, helping you get treatment without waiting for liability determinations. Uninsured/Underinsured Motorist (UM/UIM) coverage becomes critical when drivers lack adequate insurance or flee accident scenes. This coverage essentially substitutes for the at-fault driver’s missing or insufficient insurance.
Do I Need Legal Representation for an Insurance Claim?
Bicycle accident claims present unique challenges. The other side might argue that cyclists contributed to accidents or their injuries by riding outside bike lanes, not wearing helmets, or failing to use lights. They may minimize injury severity, claiming pre-existing conditions or arguing that cyclists recover faster than other accident victims.
Our attorneys handle communication with the insurance company and build a solid claim. If a settlement is not reached, we use our trial experience to take your case to court. An experienced bike accident lawyer in Orange County can also identify other sources of compensation, helping you secure fair compensation for your injuries.
Building Your Orange County Bicycle Accident Case
Strong bicycle accident cases require immediate action to preserve evidence and document injuries before crucial information disappears. Critical evidence to gather and preserve after a bicycle accident includes:
- Photographs of the accident location from multiple angles, skid marks, debris patterns, sight lines, traffic signals, and road conditions that contributed to the crash
- Your damaged bicycle and safety equipment (helmet, lights, clothing) which demonstrate impact forces and may reveal product defects requiring separate claims
- Emergency room records, follow-up treatment notes, imaging studies, physical therapy progress, and detailed accounts of how injuries affect daily activities and work capacity
- Names and contact details of anyone who saw the accident or its aftermath, with immediate written statements captured while memories remain fresh and accurate
- Surveillance footage from nearby businesses, traffic cameras, doorbell cameras, or your own cycling camera that objectively shows how the accident occurred
- Police reports (though these require careful review for errors), ambulance records, and any citations issued to involved parties
Our lawyers can help you gather this information and build a compelling case that demonstrates fault and the damages you have suffered.
Orange County Bike Crash Frequently Asked Questions
What Evidence Should I Gather after Getting Home from a Bicycle Accident?
Once you’re safe at home, start documenting everything about your accident and injuries while details remain fresh. Write down exactly how the accident happened, including weather conditions, time of day, and what you remember about the driver’s actions. Photograph visible injuries daily and save all medical paperwork, work absence notes, and receipts for accident-related expenses like prescriptions, medical equipment, or transportation to appointments. If possible, keep or photograph physical evidence like your bike, helmet, and clothing.
How Does California’s Helmet Law Affect My Bicycle Accident Claim?
Adult cyclists aren’t legally required to wear helmets in California (riders under 18 must), and not wearing one doesn’t automatically reduce your compensation. However, if you suffered head injuries, the defense might argue that a helmet would have reduced the severity. An experienced attorney can counter these arguments and create a strategy for securing compensation.
What if the Driver’s Insurance Company Says I Was Partially at Fault?
California’s pure comparative negligence law allows recovery even if you are partially at fault, though your compensation may be reduced by the percentage of fault assigned to you. A bicycle injury lawyer can review your case, investigate fault determination, and create a plan to challenge initial assessments, if appropriate.
How Long Do I Have to File a Bicycle Accident Claim?
California law provides a two-year statute of limitations for personal injury claims from bicycle accidents, meaning that in most cases you must file your lawsuit within two years of the accident date. However, this timeline shrinks to just six months for claims against a government entity. Because these varying deadlines can affect your right to compensation, consulting with an attorney soon after your accident helps preserve your right to compensation.
How Are Wrongful Death Claims Handled for Fatal Bicycle Accidents?
California law allows surviving family members to pursue wrongful death claims when bicycle accidents prove fatal. Spouses, children, and sometimes parents or siblings can recover funeral expenses, lost financial support, and loss of companionship. These cases may require experienced representation to value lifetime earnings, calculate household services, and present the profound impact of losing a loved one. Additionally, the two-year statute of limitations applies from the date of death, not the accident date, if death occurs later.
Protect Your Right to Compensation After a Bicycle Accident
Greg Bentley, Orange County Bicycle Accident Lawyer
If you’ve been injured in a bicycle accident anywhere in Orange County, Bentley & More LLP provides the experienced legal representation necessary for catastrophic injury cases. Our attorneys handle complex claims involving multiple defendants, serious injuries, and cases requiring extensive litigation against insurance companies and government entities.
California law protects cyclists’ rights to safe roads and fair compensation after accidents. Contact Bentley & More LLP at (949) 870-3800 for a free consultation about your bicycle accident case with an Orange County personal injury lawyer.