What the claim involves
Most Tustin bicycle claims start with a duty a driver ignored.
California’s Vehicle Code gives a person riding a bicycle the rights of a driver (Vehicle Code § 21200), and it spells out what drivers owe riders: pass at a safe distance, yield before turning, and check before opening a door. When a driver ignores one of those duties, the rider has little protection. A fracture or head injury may show its full effect only after follow-up care, so settling early can leave future treatment out of the claim.
Kyle Scott has practiced law since 1991 and has run his own firm since 2003. He reviews how the crash happened, which policies apply, including your own, and how the injuries affect work and daily life. The firm handles insurance negotiations, uninsured motorist claims, lawsuits, mediation, and trial. If you need a bicycle accident attorney in Tustin, your first conversation is with Kyle Scott himself.
Passing, turning, and doors
Many cyclist claims involve a driver who passed too close, turned across the rider’s path, or opened a door into it. A driver passing a cyclist must leave at least three feet (the Three Feet for Safety Act, Vehicle Code § 21760). Since 2023, a driver in the cyclist’s lane must also change lanes to pass when another lane is available and that is practicable. A driver turning right across a bike lane must first move into it (§ 21717), and no one may open a car door on the traffic side unless it is reasonably safe and does not interfere with that traffic (§ 22517). A rider slower than traffic must ride as close as practicable to the right-hand edge, with exceptions for passing, left turns, and avoiding hazards such as a lane too narrow to share safely (§ 21202). Each case turns on positions, sight lines, and signal timing, so the firm looks early for dashcam, helmet-camera, and business video.
E-bikes on Tustin streets
California defines three classes of electric bicycle, each with pedals and a motor of no more than 750 watts: class 1 (pedal assist to 20 mph), class 2 (throttle, to 20 mph), and class 3 (pedal assist to 28 mph) (Vehicle Code § 312.5). State law bars riders under 16 from class 3 e-bikes and requires every class 3 rider to wear a helmet (§ 21213). Tustin City Code § 5346 bars riders under 18 from class 3 e-bikes and sets a 10 mph limit on sidewalks, in parks, and in other areas open to pedestrians, bike paths and shared-use trails excepted. On county land, OC Parks bars e-bikes from unpaved trails in its regional and wilderness parks, including Peters Canyon Regional Park. An e-bike rider hit by a careless driver has the same kind of claim as any other cyclist, and an insurer may raise a broken rule as shared fault without erasing what the driver owed.
Helmets, shared fault, and your own coverage
California requires helmets for riders under 18 (§ 21212) and for anyone on a class 3 e-bike. Riding without one does not bar a claim, and the defense may argue that a missing helmet made a head injury worse but has to prove that link. If you were partly at fault, fault reduces a recovery and no percentage bars the claim (CACI No. 405). Uninsured motorist coverage generally protects the named insured, a spouse, and household relatives while occupants of a motor vehicle or otherwise, which generally includes riding a bicycle, and underinsured coverage helps when the at-fault driver’s limits are low. For policies issued or renewed since January 1, 2025, California’s minimum liability limit is $30,000 per person, or $50,000 for policies issued or renewed from January 1, 2035 (Vehicle Code § 16056). After a hit-and-run, the coverage generally requires physical contact, a police report within 24 hours, and a sworn statement to your insurer within 30 days (Insurance Code § 11580.2).
Reports, public roads, and the courthouse
The Tustin Police Department handles collisions on city streets, and its reports can be requested online through the portal linked from the city’s website. If a road hazard played a part, photograph it before it is repaired and report it to the city through the Engage Tustin app, but a report is not a claim for your injuries. A public entity can be liable for a dangerous condition of its property if its employee created it or the entity had notice in time to fix it (Government Code § 835), and a written claim is generally due within six months (§ 911.2). A claim about the condition of a recreational trail faces a separate immunity (§ 831.4). Most injury lawsuits are due in two years (Code of Civil Procedure § 335.1), and unlimited civil cases are heard at the Central Justice Center in Santa Ana.
Cases the firm reviews
Common bicycle accident matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common bicycle accidents questions.
Common questions
Questions about bicycle accident claims.
What is California’s three-foot rule for passing cyclists?
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. If the driver cannot do either, the driver must slow down and pass only when it is safe.
A car door opened into my path in Tustin. Who is responsible?
Often the person who opened it. Vehicle Code § 22517 says no one may open a car door on the side of moving traffic unless it is reasonably safe and will not interfere with that traffic. The rule applies to passengers as well as drivers. Photograph the door, the car’s position, and the license plate, and get the name of everyone in the car. The parked car’s auto insurance is usually the first place to look.
Do e-bike accident claims work the same way in Tustin?
Mostly, yes. Vehicle Code § 312.5 sorts e-bikes into three classes. State law bars riders under 16 from class 3 e-bikes and requires every class 3 rider to wear a helmet, and Tustin City Code § 5346 bars riders under 18 from class 3 e-bikes. An insurer may raise a broken rule as shared fault, but that does not by itself bar a claim against a careless driver.
Can I still recover if I was not wearing a helmet?
Yes. California requires helmets only for riders under 18 and for anyone on a class 3 e-bike, and 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, damages for that injury may be reduced under California’s comparative-fault rule. The argument does not apply to injuries a helmet could not have prevented, such as a broken wrist.
What if the driver who hit me had no insurance or drove away?
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, Insurance Code § 11580.2 generally requires physical contact, a police report 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. California’s minimum is $30,000 for injury to one person, or $50,000 for a policy issued or renewed from January 1, 2035. Bring every household auto policy to the consultation.
What if a pothole or road defect in Tustin caused my crash?
A public agency can be responsible for a dangerous condition of its property if its employee created the condition or it had notice in time to fix it (Government Code § 835). A written government claim is generally due within six months under Government Code § 911.2, well before the usual two-year lawsuit deadline. Claims about a recreational trail’s own condition face a special immunity. Photograph the hazard before it is repaired, then report it to the city.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Vehicle Code § 21200 (rights and duties of a person riding a bicycle)
- California Vehicle Code § 21202 (riding position on the roadway)
- California Vehicle Code § 21760 (Three Feet for Safety Act)
- California Vehicle Code § 21717 (turning across a bicycle lane)
- California Vehicle Code § 22517 (opening a vehicle door)
- California Vehicle Code § 312.5 (electric bicycle classes)
- California Vehicle Code § 21212 (bicycle helmets for riders under 18)
- California Vehicle Code § 21213 (class 3 electric bicycles)
- California Vehicle Code § 16056 (minimum liability limits)
- California Insurance Code § 11580.2 (uninsured and underinsured motorist coverage)
- California Government Code § 835 (dangerous condition of public property)
- California Government Code § 831.4 (trails and unpaved roads)
- California Government Code § 911.2 (six-month presentation period)
- California Code of Civil Procedure § 335.1
- California Judicial Council — CACI No. 405 (comparative fault), 2026 Civil Jury Instructions
- City of Tustin — e-bike ordinance (City Code § 5346)
- City of Tustin — crime or traffic report
- City of Tustin — submit a service request (Engage Tustin)
- OC Parks — Peters Canyon Regional Park rules (e-bikes)
- Orange County Superior Court — court designation list
Related practice areas