Tustin Bicycle Accident Attorney
Hit While Riding Your Bike in Tustin?
Cyclists have no seat belts, airbags or steel frame around them. When a car hits a bicycle, even at a modest speed, the rider can suffer a head injury, broken collarbone, wrist or leg, spinal injuries or severe road rash. Many of my clients were riding to work, to school or for exercise on streets they ride every week.
I'm Gary A. Peterson. I've practiced law for more than 30 years, and for the last 20-plus I've represented injured people, including many cyclists. Before that, I defended insurance companies, so I know the arguments they make against riders ("he came out of nowhere," "she wasn't in the bike lane") and how to answer them. When you hire my office, you work directly with me.
No Win, No Fee.
Contact Us Today.
Your Rights as a Cyclist Under California Law
In California, a person riding a bicycle on the road has the same rights and duties as the driver of a vehicle. Key rules include:
- Passing. Drivers must pass a cyclist with at least three feet of space. Since 2023, if there's another lane going the same way, drivers must change lanes to pass when it's safe to do so; if they can't, they must slow down and pass only when it won't endanger the rider (Vehicle Code section 21760).
- Lane position. Cyclists ride as far right as is practicable, but can move left to avoid hazards, pass, turn left, or when the lane is too narrow to share safely.
- Bike lanes. Drivers may drive in a bike lane only to park, enter or leave the road, or prepare for a turn, and must do so safely.
- Car doors. No one may open a car door into traffic unless it's reasonably safe, which is the rule behind most "dooring" claims.
- Helmets. Riders under 18 must wear a helmet. Adults aren't required to, and not wearing one doesn't bar an adult's claim. See California's helmet laws.
I explain more in the rights of injured cyclists after a crash.
Common Causes of Bicycle Accidents in Tustin
- drivers turning right across a bike lane (the "right hook")
- drivers turning left in front of an oncoming rider
- cars pulling out of driveways and shopping center exits without looking for bikes
- passing too close, or failing to change lanes to pass
- "dooring" by parked drivers and passengers
- distracted and impaired drivers
- potholes, debris and poorly maintained roads and bike lanes
Riding an e-bike or electric scooter? Some different rules apply; see my page on e-bike and scooter accidents.
What to Do After a Bicycle Accident
- Get medical attention, even if you feel all right. Head injuries and internal injuries aren't always obvious at first.
- Call the police so there's a report, and get the driver's name, license and insurance.
- Collect evidence: photos of the scene, your bike, your helmet and your injuries, plus witness contact details.
- Keep your bike and gear as they are. They're evidence.
- Talk to a lawyer before giving the driver's insurer a statement.
For more detail, see what to do after a bike accident and why documenting your injuries matters.
Injuries and Compensation
Bicycle crashes often cause brain injuries, fractures, shoulder and wrist injuries, spinal injuries and deep road rash that can scar. A claim can cover medical bills, future treatment, lost wages, pain and suffering, and the cost of your bike and gear. If the driver had little or no insurance, your own auto policy's uninsured motorist coverage can often protect you even though you were on a bike. Over my career I've recovered over $20 million for my clients in total.
My engineering background helps me work with accident reconstruction to show speeds, sight lines and the point of impact, which often settles arguments about who had the right of way.
How Fees Work: No Recovery, No Fee Guarantee
I handle bicycle accident cases on a contingency fee. You pay nothing upfront, I advance the costs of the case, and they're repaid from your recovery. If there's no recovery, you owe no fee.
Bicycle Accident FAQs
How much space do drivers have to give cyclists in California?
At least three feet. If there's another lane going the same direction, drivers must change lanes to pass when it's safe and practicable. If they can't, they must slow down and pass only when it won't endanger the rider.
Can I recover if I wasn't wearing a helmet?
Yes. Adults aren't required to wear a helmet on a regular bicycle in California, and not wearing one doesn't bar your claim. The insurer may argue it affected a head injury.
Does my car insurance cover me if I'm hit while riding a bike?
Often, yes. Uninsured and underinsured motorist coverage, and sometimes medical payments coverage, on your auto policy can apply when you're hit while cycling.
How long do I have to file a bicycle accident claim?
Generally two years from the date of the crash in California. Claims involving a public agency, such as a dangerous road, usually require a government claim within six months.
Who is at fault in a dooring accident?
Usually the person who opened the door. California law prohibits opening a vehicle door into traffic unless it's reasonably safe to do so.
Talk to a Tustin Bicycle Accident Lawyer
If you were hurt while riding, call me at (714) 461-6003 or request a free consultation. I'll go over what happened and explain your options. You can also read more about my background or see the other types of injury cases I handle.
No Win, No Fee.
Contact Us Today.
No Win, No Fee.
Contact Us Today.