Orange County Bicycle Accident Attorney

Yes. Vehicle Code § 21760, the Three Feet for Safety Act, requires a driver passing a cyclist going the same direction to leave at least three feet. Since 2023, a driver in the cyclist’s lane must also change lanes to pass when another lane is available and that is practicable and lawful. If neither is possible, the driver must slow down and pass only when it is safe. A violation that causes the kind of crash the rule exists to prevent creates a presumption of negligence (Evidence Code § 669).

Often the person who opened it. Vehicle Code § 22517 says no one may open a door on the side of moving traffic unless it is reasonably safe and can be done without interfering with that traffic, and the rule applies to passengers as well as drivers. Photograph the door, the car’s position, and the license plate, and get the names of everyone in the car. The parked car’s auto insurance is usually the first place to look.

Mostly, yes. Vehicle Code § 312.5 sorts e-bikes into three classes, and e-bike riders follow the same rules of the road as other cyclists. State law bars riders under 16 from class 3 e-bikes and requires every class 3 rider to wear a helmet (§ 21213), and some Orange County cities have stricter local rules. An insurer may raise a broken rule as shared fault, but that reduces a recovery rather than barring a claim against a careless driver.

Yes. California requires helmets for riders under 18 (Vehicle Code § 21212) and for anyone on a class 3 e-bike (§ 21213), but riding without one does not bar a claim. The defense may argue that a missing helmet made a head injury worse. If it proves that, the damages can be reduced by the rider’s share of responsibility under California’s comparative-fault rule (CACI No. 405). The argument does not reach injuries a helmet could not have prevented, such as a broken wrist.

Uninsured motorist coverage on your own auto policy, or a household member’s, generally covers you on a bicycle too. For a hit-and-run by an unidentified driver, Insurance Code § 11580.2(b) requires physical contact, a report to the police within 24 hours, and a sworn statement to your insurer within 30 days. Underinsured coverage may help when the driver’s limits are too low; a policy issued or renewed since January 1, 2025, may carry as little as $30,000 for injury to one person, or $50,000 if issued or renewed from January 1, 2035 (Vehicle Code § 16056).

A city, the County, or the State can be liable for a dangerous condition of its property if an employee created the condition or the agency had notice in time to protect against it (Government Code § 835). A written government claim is generally due within six months (§ 911.2), well before the usual two-year lawsuit deadline (Code of Civil Procedure § 335.1), and claims about the condition of a recreational trail face a special immunity (Government Code § 831.4). Photograph the hazard before it is repaired.