Orange County Attorney Assisting Those Injured in Bicycle Accidents
Orange County bicycle accident lawyer Adam Krolikowski at Krolikowski Law has over 15 years of experience handling all types of personal injury claims, including bicycle accident cases, and he can help you seek compensation for your injuries.
Cycling is a popular form of transportation, exercise, and leisure throughout California, and most cyclists understand the importance of following traffic and safety laws. However, thousands of biking collisions occur each year, and many of these accidents result in serious or life-threatening injuries. Bike accidents are most often caused by negligent or reckless motorists or dangerous road conditions. Injured victims may be able to recover compensation from the at-fault party.
Steps to Take After a Bicycle Accident in Orange County
If you’ve been involved in a bicycle accident, your immediate actions can make a significant difference in both your health and your ability to recover compensation. Here’s what to do if you find yourself in this situation:
1. Gather Important Information and Evidence
If it’s safe to do so, collect contact and insurance information from all parties involved. Take photographs of the accident scene, your injuries, your bicycle, and any vehicles or hazards that contributed to the crash. If you are unable to gather evidence at the scene, obtain a copy of the police report, which will contain critical details.
2. Avoid Admitting Fault
It’s natural to want to apologize after an accident, but even a simple statement can be misunderstood later. Be courteous, but limit your discussions to exchanging essential information until you have a clearer picture of what happened.
3. Seek Immediate Medical Attention
Bicycle accidents frequently result in serious injuries, sometimes ones that aren’t immediately obvious. Even if you feel fine, consult a medical professional right away. Medical records will serve as important evidence for your claim, and prompt treatment can help you recover more fully.
4. Consult an Experienced Attorney
Navigating the aftermath of a bike accident can be complex. An attorney familiar with bicycle accidents in Orange County can help you understand your rights, deal with insurance companies, and work to secure fair compensation for your losses, including medical expenses, lost wages, and pain and suffering.
Avoid signing documents or discussing settlement offers with insurers until you’ve spoken with legal counsel. Insurance companies may offer less than you deserve or attempt to minimize your claim. Professional guidance safeguards your interests and ensures you aren’t accepting less compensation than you are entitled to receive.
By following these steps, you can protect your rights and focus on your recovery after a bicycle accident.
Risk Factors in Bicycle Accidents
Various factors can put a cyclist at risk of falling victim to an accident, such as the weather and terrain, the availability of bike lanes, and the speed and volume of traffic in the area. Although helmets do not prevent an accident, they can drastically change the outcome of a collision. People who do not wear a helmet are more likely to suffer serious injuries, such as traumatic brain injuries. Recent statistics suggest that adults between the ages of 50 and 59 suffer the highest rate of fatal bicycle accidents. However, children have the highest rate of non-fatal biking injuries.
Why Motorists Need to Stay Vigilant Around Cyclists
Motorists have a duty to remain especially attentive when sharing the road with cyclists. Bikes, unlike cars, are smaller and less visible—making it all too easy for drivers to overlook a rider in their blind spot or while making a turn. Often, following a collision, drivers admit they simply “didn’t see” the cyclist. This lack of awareness can have devastating consequences.
Unlike other vehicles, cyclists have limited protection in a crash, which means that even a moment’s lapse in a driver’s attention can result in severe or fatal injuries for the person on the bike. Distractions like cell phones, adjusting the radio, or even just scanning for other cars instead of bikes contribute to this risk.
To help safeguard everyone on the road, drivers should:
- Double-check mirrors and blind spots, especially before changing lanes or making turns.
- Allow extra space when passing a cyclist.
- Stay alert for cyclists at intersections and driveways, where visibility can be limited.
Ultimately, road safety relies on mutual respect and vigilance from both motorists and cyclists.
Common Causes of Bicycle Accidents
About one-third of bicycle accidents involve intoxicated driving, but there are many other causes as well. These include:
- Motorists drifting into bike lanes.
- Distracted motorists.
- People opening a car door into a bicyclist (dooring).
- Violations of crosswalk rules.
- Defective bicycles or bicycle components.
Bike accidents tend to occur suddenly, and cyclists rarely have an opportunity to avoid a collision. While most bicycle accidents involve another motorist’s negligence, some accidents result from dangerous road conditions, such as uneven sidewalks, damaged road signs, potholes, and cracked pavement. In these situations, private property owners, city governments, or commercial property owners may be liable for a biker’s injuries. A bicycle accident attorney in Orange County can bring all the appropriate parties into the litigation.
Safe Interactions Between Drivers and Cyclists
Intersections are among the most common sites for bike accidents, often due to confusion or disregard for traffic right-of-way. Under California law, bicycles are given the same rights and responsibilities as motor vehicles when navigating roads and intersections. This means that when a cyclist approaches an intersection with a green light, motorists must yield and allow the cyclist to proceed, just as they would for another car. The same applies to left turns—drivers must wait until an oncoming cyclist has safely passed before turning. Misjudging a bicycle’s speed or assuming there’s more time to turn can easily result in a collision, as bicyclists frequently travel faster than many drivers expect.
When passing a cyclist, California’s “Three Feet for Safety” law requires drivers to allow at least three feet of clearance between their vehicle and the bike. This buffer zone is not just a recommendation—it’s mandatory, and failing to maintain adequate space can put the cyclist at significant risk and leave the driver liable for any resulting injuries. Always slow down and pass cyclists carefully, refraining from sudden acceleration or abrupt maneuvers that might startle or endanger the rider.
Bike accidents tend to occur suddenly, and cyclists rarely have an opportunity to avoid a collision. While most bicycle accidents involve another motorist’s negligence, some accidents result from dangerous road conditions, such as uneven sidewalks, damaged road signs, potholes, and cracked pavement. In these situations, private property owners, city governments, or commercial property owners may be liable for a biker’s injuries. A bicycle accident attorney in Orange County can bring all the appropriate parties into the litigation.
Negligence in Bike Accidents
After identifying the responsible parties, the next steps in a bicycle accident case involve apportioning fault and calculating damages. California negligence laws impose liability on reckless or careless motorists (or other parties) who cause bike crashes. Accident victims who wish to recover damages must prove that the defendant owed the biker a duty of care, breached that duty by committing some negligent act, and caused or was a significant factor in causing the biker’s injuries.
Defendants in these cases often try to avoid liability by claiming that the biker was at least partially responsible for the accident. However, California follows the theory of pure comparative negligence, which allows plaintiffs to recover damages even if they were partly at fault. Under a pure comparative negligence analysis, a plaintiff’s damages will be reduced based on their level of responsibility. A victim should retain an Orange County bicycle accident attorney who knows how to prevent defendants from unfairly dodging the blame.
California Helmet Laws
Under California law, children under 18 years old must wear a helmet when operating or riding a skateboard, roller skates, a non-motorized scooter, or a bicycle. This law applies when they are riding on public roadways, bike paths, or trails. Although helmet use is important regardless of age, adults do not need to wear a helmet statewide. However, some California municipalities have enacted their own rules regarding helmet use.
Injured cyclists too often assume that they cannot recover compensation if they were not wearing a helmet at the time of the accident. However, the fact that a biker is not wearing a helmet does not make an accident more likely. Thus, generally, evidence that an accident victim was not wearing a helmet will not preclude their ability to recover damages for their injuries.
Why You Shouldn’t Deal Directly With Insurance Companies
It’s tempting to pick up the phone and negotiate with insurance adjusters on your own after a bicycle accident. However, insurance companies like Allstate or State Farm have teams specially trained to minimize payouts and protect their bottom line—not your interests. Adjusters may pressure you to sign forms, accept a quick offer, or make statements that could later be used to reduce or deny your claim.
By working directly with insurers, you risk:
- Accepting a settlement far below what your claim is truly worth
- Accidentally waiving your rights to further compensation
- Falling victim to tactics aimed at reducing liability or blaming you for the accident
A seasoned attorney understands these strategies and how to counter them. Legal representation ensures that your rights are protected, crucial deadlines are met, and all possible damages—medical bills, lost wages, and pain and suffering—are accounted for. Before agreeing to anything or signing paperwork, consult with a qualified Orange County bicycle accident lawyer who can advocate for your best interests.
Discuss Your Bike Accident Case With an Experienced Personal Injury Attorney
If you or someone you know has suffered serious injuries in a bicycle accident, Krolikowski Law can assist you in determining your rights and pursuing your remedies. Serving people throughout Orange County, our experienced bicycle accident lawyer understands the importance of fighting for every dollar that you deserve. Contact our office at (949) 274-9915 to schedule a free consultation with an attorney today.