Orange County Bicycle Accident Lawyer
Hit by a car while riding in Orange County? A bike crash can leave you with fractures, a head injury, and a wrecked bike, while the driver’s insurer asks why you were in the lane. We investigate the crash, preserve your bike and ride data, and pursue every policy that can pay, including your own.
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Recent Personal Injury Results
Faud Haghighi has resolved cases resulting in tens of millions of dollars in settlements and verdicts. Recent recoveries are shown below.
Last updated: October 2026 · Reviewed by Faud Haghighi, Esq., Founder & Lead Trial Attorney
How Can an Orange County Bicycle Accident Lawyer Help?
An Orange County bicycle accident lawyer shows how the crash happened, such as a driver passing too close, opening a door into your path, or turning across you, and pursues compensation from every available policy for your medical bills, lost income, damaged bike and gear, and pain and suffering.
Cyclists are often blamed by default: insurers ask why the rider was in the lane, why they weren’t wearing a helmet, or why they didn’t see the car. California gives bicycle riders the same rights and duties on the road as drivers (Veh. Code §21200), and the facts decide who was at fault. The Law Offices of Faud Haghighi represents injured cyclists throughout Orange County and Southern California from offices in Aliso Viejo and Tustin. Faud Haghighi has handled hundreds of cases, including bicycle and pedestrian accidents, and handles each case personally, so you work directly with the attorney preparing your case.
| Bicycle claims at a glance | What it means for you |
|---|---|
| Your bike is evidence | Don’t repair or discard the bike, helmet, or clothing until they have been documented. |
| Your own insurance | The uninsured/underinsured motorist coverage on your car policy can protect you on a bike. |
| Helmets | Adults on standard bikes aren’t required to wear one, and not wearing one doesn’t bar a claim. |
| Shared fault | You can generally still recover if you were partly at fault; your compensation is reduced by your share. |
| Roads and trails | Claims against a city or county generally need a written claim within six months. |
| Fees | Free, confidential consultation. No attorney fee unless we recover for you. |
What Should You Do After a Bicycle Crash?
Get medical care, report the crash, and treat your bike and gear as evidence. If you can:
- Call 911 or the police so there is a collision report with the driver’s information and statements. Get checked by a doctor even if you rode away; concussions and collarbone, wrist, and hip injuries are not always obvious at first.
- Get the driver’s name, license and plate numbers, and insurance company, and contact details for anyone who saw the crash.
- Photograph the lane markings, the car’s position, any open door, debris, and your injuries.
- Don’t repair, clean, or throw away the bike, helmet, or clothing. Damage patterns help a reconstruction expert show the direction and force of the impact.
- Save your ride data and video: export the file from your bike computer, watch, or app, and copy any helmet or handlebar camera footage before the device overwrites it.
- Don’t give a recorded statement to the driver’s insurer before getting advice.
Which Driver Errors Commonly Cause Bicycle Crashes?
Most car-versus-bike crashes follow a handful of patterns, and each one points to a specific rule of the road. The driver is often at fault in these patterns, but liability still depends on what each person did.
| Crash pattern | What happens | Rule often at issue |
|---|---|---|
| Right hook | A driver passes the rider and turns right across them, or turns from the traffic lane instead of first moving into the bike lane | Veh. Code §21717 |
| Left cross | An oncoming driver turns left into the rider’s path | Veh. Code §21801 |
| Dooring | A parked driver or passenger opens a door into the rider | Veh. Code §22517 |
| Unsafe pass | A driver passes closer than three feet, or sideswipes the rider, instead of changing lanes or slowing down | Veh. Code §21760 |
| Bike lane intrusion | A driver uses the bike lane other than to park, enter or leave the road, or prepare for a turn within 200 feet of an intersection | Veh. Code §21209 |
| Driveway or parking lot exit | A driver pulls out across the rider’s path without yielding to approaching traffic | Veh. Code §21804 |
Riders have rules too. A cyclist moving slower than traffic generally rides as close as practicable to the right edge, but may move left to pass, to turn left, to avoid hazards, or when the lane is too narrow for a car and bike to share safely (Veh. Code §21202). A rider who “takes the lane” in a narrow lane is often following the law, not breaking it. At night, a bike needs a white front light and a red rear reflector or light (Veh. Code §21201).
What Evidence Proves How a Bicycle Crash Happened?
In a bike case, the bike and the rider’s own data are often the best witnesses. We document them before anything is repaired or replaced.
| Evidence | What it can show |
|---|---|
| The bike: frame, fork, wheel, and component damage | The direction and force of the impact, and which part of the car made contact first |
| The helmet and clothing | Where your head struck, and which way you slid |
| Ride data from a bike computer, GPS watch, or app | Your speed, route, and position in the seconds before the crash |
| Helmet, handlebar, or dash camera video, and nearby surveillance | The passing distance, the turn, or the door opening; business systems often record over old footage |
| The car: damage, paint transfer, mirror, and door edge | The point of contact, and whether a door or mirror struck you |
| Collision report, witnesses, and 911 recordings | What people said before their stories changed |
| The scene: lane width, bike lane markings, parked cars, and lighting | Where you were entitled to ride and what the driver could see |
When fault is disputed, we work with reconstruction experts who can read the damage to the bike and the car; read more about why expert witnesses matter.
Can You Recover if the Insurer Says You Were Partly at Fault?
Usually, yes. Under California’s pure comparative negligence rule, a rider’s share of fault reduces the compensation rather than barring it. A rider with $120,000 in losses who is found 15% at fault, for example for leaving a bike lane without signaling, still recovers $102,000. Insurers often argue that a rider was in the traffic lane, had no lights at night, rolled a stop sign, or rode against traffic. Some of these are not violations at all, and the driver’s side generally has to prove the rest.
Does Not Wearing a Helmet Hurt My Case?
California requires helmets for riders under 18 (Veh. Code §21212) and for anyone operating or riding on a class 3 electric bicycle (§21213). There is no helmet law for adults on standard bicycles. Not wearing a helmet does not cause a crash and does not bar a claim, but an insurer may argue it made a head injury worse; that argument, if proven, only affects the head-injury portion of the damages.
What Is Different About E-Bike Crashes?
The rules of the road generally apply the same way, but a few things differ. California sorts electric bicycles into three classes based on whether the motor assists only while pedaling and on top assisted speed: 20 mph for classes 1 and 2, 28 mph for class 3 (Veh. Code §312.5). Class 3 riders must wear helmets, and where an e-bike may be ridden can depend on its class; OC Parks regional bikeways allow class 1 and class 2 e-bikes. When a battery, motor, or other component fails, the manufacturer or seller may also be responsible; see defective product claims and, for battery fires, burn injury claims. Insurance policy wording can also matter for e-bikes, so we review the actual policies.
Where Do Cyclists Get Hurt in Orange County?
Many Orange County bike crashes happen where riders share fast roads with cars, and where trails meet city streets:
- Pacific Coast Highway, where riders share the road with fast traffic, parked cars, and drivers pulling in and out of beach parking in Huntington Beach, Newport Beach, and further south.
- Arterials with painted bike lanes in cities like Irvine and Costa Mesa, where right-hook and left-cross crashes happen at intersections and driveways.
- The Santa Ana River Trail and other OC Parks regional bikeways, where the posted speed limit is 10 mph and all bikes must yield to pedestrians (OC Parks). Collisions there often involve other riders, pedestrians, or the street crossings at access points.
- The Back Bay loop around Upper Newport Bay, a popular route where riders, runners, and cars share space.
If a pothole, broken pavement, or dangerous road design on a city street caused the crash, the city or county may be responsible, and a written claim is generally due within six months. Claims involving trails are harder: California generally gives public entities immunity for injuries caused by the condition of a trail (Gov. Code §831.4), so these cases need prompt review. Learn more about dangerous conditions of public property.
Who Pays for a Cyclist’s Injuries?
The at-fault driver’s liability insurance pays first, but many cyclists don’t realize their own car insurance can also protect them on a bike.
- The driver’s liability coverage, which can be as low as $30,000 per person on California policies issued or renewed since January 1, 2025 (Veh. Code §16056).
- Your uninsured/underinsured motorist coverage, which California auto policies include unless it was waived in writing.
- MedPay on your auto policy, if you have it, for medical bills regardless of fault.
- An employer or delivery company’s coverage, if the driver was working, or rideshare coverage if the driver was on an Uber or Lyft trip.
- A product manufacturer, if a defective bike, e-bike, or part caused or worsened the crash.
What If the Driver Was Uninsured or Drove Away?
Your uninsured motorist coverage may pay. If the driver was never identified, the claim generally requires physical contact with the vehicle, a police or CHP report within 24 hours, and a sworn statement to your insurer within 30 days (Ins. Code §11580.2). Learn more about hit-and-run claims and uninsured motorist claims.
What About Your Bike, Helmet, and Gear?
Property damage is part of the claim: repair or replacement of the bike and its components, the helmet, clothing, lights, bike computer, and phone. Before anything is repaired, photograph it, get a written estimate from a bike shop, and gather receipts or other proof of value. Many helmet makers recommend replacing a helmet after a crash even if no damage is visible. A property-only claim generally has a three-year deadline (CCP §338), but it is usually resolved together with the injury claim.
What Injuries Do Cyclists Suffer, and What Affects a Claim’s Value?
Cyclists commonly suffer collarbone, wrist, and hip fractures, head and brain injuries, shoulder and knee damage, and severe road rash. Compensation can include past and future medical care and therapy, lost income and earning capacity, pain and suffering, loss of enjoyment of life, including time away from riding, and scarring or permanent impairment. There is no reliable “average bicycle accident settlement”; these factors usually move value:
| Can increase value | Can complicate or reduce recovery |
|---|---|
| Surgery, a head injury, or a permanent limitation | Disputed or shared fault |
| Long-term or future treatment | Gaps or delays in treatment |
| Substantial lost income | Prior injuries to the same part of the body |
| Clear evidence, such as video or ride data | Limited insurance coverage |
For serious injuries, see brain injury claims and catastrophic injury claims, and read more about what affects the value of a personal injury case.
How Long Do You Have to File a Bicycle Accident Claim?
Generally two years from the crash to file an injury lawsuit, three years for damage to the bike and other property, and only six months for a written claim against a public agency.
| Situation | Deadline | Law |
|---|---|---|
| Injury lawsuit against the driver | 2 years from the crash | CCP §335.1 |
| Bike and other property damage only | 3 years | CCP §338 |
| Claim against a city or county (road defect, signal, government vehicle) | Written claim within 6 months | Gov. Code §911.2 |
| Uninsured motorist claim | Sue, settle, or demand arbitration within 2 years | Ins. Code §11580.2(i) |
| Injured child rider, private defendant | The 2 years generally do not run until age 18 | CCP §352 |
This page explains California law in general terms as of October 2026. Laws change and exceptions apply, so it is not legal advice about your situation.
How Does Faud Haghighi Investigate a Bicycle Crash?
Bike cases are won with evidence gathered early: the bike, the ride data, video, and witnesses. Faud Haghighi has practiced law in California since 2012 and has handled hundreds of cases, including bicycle and pedestrian accidents. He handles each case personally, documents the bike and gear before anything is repaired, pushes back on the assumption that the cyclist was to blame, and prepares each case as if it will go to trial. If the insurer won’t pay fair value, we file in the Orange County Superior Court.
We represent injured riders throughout Orange County and Southern California, including Laguna Niguel, Aliso Viejo, and the cities above, as part of our Orange County personal injury practice. If you were walking rather than riding, see pedestrian accident claims.
Hit by a car while riding? Call (949) 313-7656 or request a free consultation. There is no attorney fee unless we recover for you.
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Faud Haghighi, Esq.
Founder & Lead Trial Attorney
An Orange County trial attorney representing people injured by someone else's negligence — in car and truck crashes, slip-and-falls, premises accidents, and other serious-injury cases. Faud builds each case with the right medical and liability experts, preserves the evidence early, and prepares every file for trial — and you work directly with him, start to finish.
CA State Bar since 2012 · Aliso Viejo & Tustin
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Orange County Bicycle Accident FAQs
Often the turning driver. A driver who needs to cross a bike lane to turn right must first move into the bike lane and then turn (Vehicle Code §21717), rather than cutting across a rider from the traffic lane. Fault still depends on the facts, such as where the rider was and whether the driver had already merged.
At least three feet. Under the Three Feet for Safety Act (Vehicle Code §21760), drivers must change lanes to pass when another lane is available, and if three feet isn’t possible, they must slow down and pass only when it won’t endanger the rider.
Usually the person who opened the door. California prohibits opening a vehicle door on the traffic side unless it is reasonably safe (Vehicle Code §22517). That can include a passenger, and the vehicle’s auto insurance generally responds to the claim.
Yes. Adults riding standard bicycles aren’t required to wear helmets in California, and not wearing one doesn’t bar a claim. An insurer may argue a helmet would have reduced a head injury, which can only affect that part of the damages, not injuries to the rest of the body.
Often, yes. A cyclist riding slower than traffic generally stays as far right as practicable, but may move left to pass, turn left, avoid hazards, or when the lane is too narrow for a car and a bike to share safely (Vehicle Code §21202). Riding in the lane in those situations is not a reason to blame the rider.
Often, yes. The uninsured/underinsured motorist coverage on your auto policy generally protects you when an uninsured or underinsured driver hits you on a bike, and MedPay, if you bought it, may help with medical bills. Send us your declarations page and we’ll review it.
You can still make a claim against the at-fault driver’s insurance. A household family member’s auto policy may also include uninsured/underinsured motorist coverage or MedPay that protects you, and your health insurance can pay for treatment while the claim is pending. We review every policy in the household.
It depends on what caused the crash. A collision with another rider or a careless person may support a claim against them. Claims against a public agency for a trail’s condition are difficult because trail immunity generally applies (Gov. Code §831.4), so get advice quickly.
Mostly no. E-bike riders generally follow the same rules of the road, and the same insurance sources usually apply, although policy wording should be checked. Class 3 e-bike riders must wear helmets, and if a battery or component failed, the manufacturer or seller may also be responsible under product liability law.
If a city or county street was in a dangerous condition and the agency knew or should have known about it in time to fix it, you may have a claim against that agency. A written government claim is generally due within six months, so photograph and measure the defect right away.
Yes, if the driver was at fault. Repair or replacement of the bike, components, helmet, clothing, lights, and electronics is part of the claim. Keep the damaged items, get a written estimate from a bike shop, and don’t repair anything until it has been documented.
Nothing up front. We work on a contingency fee, so there is no attorney fee unless we recover compensation for you, and the consultation is free.
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