Orange County Bicycle Accident Lawyer

Our advice, proceed with caution.

If you speak with any Orange County bicycle accident lawyer, the first advice you will hear is to take care when speaking to the opposing driver’s insurance company.

Some insurance companies are quick to contact accident victims to catch them off guard before they speak to anyone (like legal counsel) about the situation.

It is important to remember that the insurance company's goal is to pay the least amount possible. Therefore, they will likely offer you an insurance settlement that is lower than any injured bicyclist should receive.

Moreover, some insurance adjusters try to get you to make incriminating statements. By being able to partially blame you for the accident, the insurance company can minimize any settlement payment.

Bicycle accident victims who aren't involved in fatal bicycle accidents often suffer from severe injury. Catastrophic injury victims may be shaken and incapacitated due to a traumatic brain injury or spinal cord injury resulting from a bicycle crash. If you speak with an insurance adjuster at this time, you may not be aware of what you've said, OR you may simply want to say anything to get off the phone and focus on recovery.

This is not the time to discuss your future with someone who is biased. You may be left living with medical bills, property damage, and potential disability and no way to reassess the case because you've already agreed to a settlement.

Instead, talk with a trusted OC bicycle accident lawyer who can and will assist you with the determination of damages and relieve you of the stress so you can focus on recovery.

Yes.

You may be surprised to learn that what you thought was just a minor knee injury might actually be an initial indication of internal bleeding and possibly bone fractures. However, you cannot know that until you undergo a full examination.

The insurance company might attempt to persuade you to accept a settlement before then. Your attorney will most likely advise patience and recommend you head straight to a doctor, preferably within 24 hours of the accident.

Many drivers do not realize that California law allows bicyclists to use any road unless it is clearly indicated that it is prohibited. So bicycle riders can use highways and city roads just as any other motor vehicle. They must follow the same traffic rules, but they operate at a much lower speed, and other drivers sharing the road may get frustrated.

No, it is not illegal to ride a bike on the sidewalk according to state law. However, according to California Vehicle Code Section 21206, local governments have the right to regulate the laws for the use of bicycles on public sidewalks.

No, there is no legal requirement to license your bicycle. However, certain cities offer programs to register your bike, such as the City of Long Beach.

In Los Angeles, the city has opted to eliminate this system because the administrative resources for maintaining the system are too costly. However, as of September 2020, the LAPD has a partnership with a free bike registry organization in efforts to recover stolen or lost bikes for bike owners. You can visit the Bike Index site to create your account and register your bike with the bicycle serial number, photos, or any other identifiers.

Often the answer is no, but there may be exceptions. According to the California Vehicle Code Section 21960, freeways and other similar designated portions of roadways to which vehicle access is completely or partially controlled may prohibit the use and access by pedestrians, bicycles, or other non-motorized traffic (or motor-driven "cycle" vehicle such as a motorized scooter). This includes the prohibition of motorized bicycles.

So, it is necessary to be on the lookout for any signs indicating that a freeway or expressway prohibits access to bicycles.

Bicycles are considered vehicles and have the right to use highways and city roads, so it is obligatory to follow the vehicle code and adhere to all traffic rules including stopping at stop signs and red lights.

Yes, most of the time.

Typically it comes down to who was at fault in the accident. If the accident was the fault of a vehicle driver, the driver's auto insurance should cover the damages.

The statute of limitations is a deadline to file a lawsuit. This means lawsuits filed after the statute of limitations will be entirely dismissed and void for being untimely.  Generally speaking, there are two statutes of limitations that apply to California bicycle accident cases:

Private Individuals: For filing claims against private drivers, other cyclists, etc., following a bike accident, you have 2 years from the exact date the accident occurred.

Exception for Minors: If the bicycle accident victim is a minor at the time of the incident, a claim can be filed at any point until the minor’s 18th birthday. After the minor turns 18, the standard 2-year statute of limitations applies.

Governmental Entities: Suing governmental entities like the Department of Transportation (Caltrans) or governmental workers will trigger a statute of limitations of only 6 months.

Note: If the individual being sued dies (whether in the bicycle accident or otherwise), a wrongful death lawsuit must be filed within 1 year of the incident.