This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
If you were injured while cycling in Irvine because a driver was careless, you have the right to recover compensation for your medical bills, lost wages, and pain and suffering. Under California law, cyclists have the same right to the road as drivers, and when a motorist fails to yield, passes too closely, or opens a door into your path, that driver, not you, is responsible. Irvine is one of the most bike-friendly cities in Orange County, with an extensive network of trails and bike lanes, but heavy traffic still puts riders at risk. The Irvine bicycle accident lawyers at Cefali & Cefali fight for the full compensation injured cyclists deserve. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
Irvine's Class I trails, like the Jeffrey Open Space Trail, San Diego Creek Trail, and Peters Canyon Trail, keep many riders separated from traffic, but most serious bicycle crashes happen where bikes and cars meet: the busy arterials such as Culver Drive, Jamboree Road, Barranca Parkway, Alton Parkway, and Irvine Center Drive, and the intersections and bike lanes around the University of California, Irvine, where student cyclists are everywhere. The most common driver-caused collisions include:
Failure to yield, when a driver turns across or pulls out in front of a cyclist
Unsafe passing, when a driver passes too closely in violation of California's three-foot passing law
Dooring, when someone opens a car door into the path of a cyclist
Right-hook and left-cross turns, when a driver turns directly into a cyclist's line of travel
Distracted or impaired driving, and drivers simply not looking for cyclists
Seriously injured cyclists in Irvine are often treated at UC Irvine Medical Center in Orange, the county's only Level I trauma center. If your claim becomes a lawsuit, it is filed at the Orange County Superior Court Central Justice Center in Santa Ana.
California Bicycle Laws That Protect You
California law gives cyclists strong protections, and knowing them is often the key to a claim:
Equal right to the road (Vehicle Code 21200). Cyclists have the same rights and responsibilities as drivers. A cyclist lawfully using the road has the right of way just as a car would.
The Three Feet for Safety Act (Vehicle Code 21760). Drivers must give at least three feet of clearance when passing a cyclist, or slow down and pass only when safe. Violating this law is strong evidence of negligence.
The dooring law (Vehicle Code 22517). No one may open a car door into moving traffic when it is unsafe to do so. A driver or passenger who doors a cyclist is at fault.
California also follows pure comparative negligence (from Li v. Yellow Cab Co.). This is important for cyclists: even if the insurance company argues you were partly at fault, you can still recover, with your award reduced only by your share of fault. Insurers routinely try to blame the rider to cut what they pay, so do not assume a crash was your fault just because they say so, that is a determination worth having a lawyer review.
Common Bicycle Accident Injuries
Because a cyclist has almost no protection in a collision with a vehicle, injuries are often severe. The most common include traumatic brain injuries and concussions (even with a helmet), spinal cord injuries, broken bones, facial injuries and dental damage, road rash and deep lacerations, and internal injuries. In the most tragic cases, a fatal crash gives the family the right to bring a wrongful death claim. Because some injuries, especially head injuries, are not obvious at the scene, prompt medical care matters for both your health and your claim.
Compensation in a Bicycle Accident Claim
An injured cyclist can recover economic damages (current and future medical bills, lost wages, reduced earning capacity, and bicycle and equipment damage) and non-economic damages (pain and suffering, emotional distress, and loss of enjoyment of life). California places no cap on general damages such as pain and suffering in an ordinary injury case, so the value of a claim turns on the severity of the injuries and how well they are documented, not an arbitrary limit.
What to Do After a Bicycle Accident in Irvine
Seek medical attention right away, even if you feel okay, since head and internal injuries can be delayed.
Call the police and make sure a report is filed documenting the crash and the driver's information.
Gather evidence, photos of the scene, your bike, your injuries, and the vehicle, plus names and contact information for any witnesses.
Preserve your gear, keep your bike, helmet, and damaged clothing as they were, without repairs.
Talk to a lawyer before giving a recorded statement to or accepting any offer from the driver's insurer.
How an Irvine Bicycle Accident Lawyer Helps
Insurance companies move quickly to settle bicycle claims cheaply, and their early offers rarely cover the full cost of a serious injury. An experienced attorney levels the field: investigating the crash and preserving evidence, establishing the driver's fault under the applicable Vehicle Code sections, documenting the full extent of your injuries and future care, handling all communication and negotiation with the insurer, and filing suit and trying the case if a fair settlement is not offered. Our Irvine personal injury attorneys handle bicycle cases on a contingency basis, so you pay nothing upfront and no fee unless we win.
Frequently Asked Questions
What if the driver says the accident was my fault?
Do not assume it was. California follows pure comparative negligence, so even if you were partly at fault, you can still recover compensation, reduced only by your percentage of fault. Insurers routinely blame cyclists to reduce payouts. An attorney can investigate the crash, apply the Vehicle Code rules that protect cyclists, and push back on an unfair fault determination.
How much room must a driver give me when passing in California?
Under California's Three Feet for Safety Act (Vehicle Code 21760), a driver must leave at least three feet of space when passing a cyclist. If three feet is not possible, the driver must slow down and pass only when it is safe to do so. A driver who passes too closely and causes a crash has violated the law, which is strong evidence of negligence.
How long do I have to file a bicycle accident claim in California?
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the crash to file a personal injury lawsuit. If a government entity is involved (for example, a dangerous road condition), you may have as little as six months to file a claim. Missing these deadlines usually ends your right to recover, so it is best to act early.
Can I recover if I was not wearing a helmet?
Yes. California only requires helmets for cyclists under 18, and not wearing one does not bar an adult from recovering. An insurer may argue that the lack of a helmet contributed to a head injury, but this affects only the comparative-fault analysis for that specific injury, not your right to bring a claim for the driver's negligence.
How much does it cost to hire a bicycle accident lawyer?
Nothing upfront. Cefali & Cefali handles bicycle accident cases on a contingency fee basis, which means you pay no attorney fees unless we win. The fee is a percentage of your recovery, the consultation is free, and if we do not recover money for you, you owe us nothing.
Speak With an Irvine Bicycle Accident Attorney Today
When a motorist hits a cyclist, the consequences can be devastating, and the driver's insurer is already working to settle your claim for as little as possible. Do not accept an offer before you understand what your case is worth. Cefali & Cefali represents injured cyclists throughout Irvine and Orange County, and we fight for the full compensation you deserve for your medical bills, lost wages, and pain and suffering. Call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
