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 in a bicycle accident in Fullerton, the personal injury attorneys at Cefali & Cefali can help you recover compensation for medical bills, lost wages, and pain and suffering. Most bike crashes happen when a driver fails to yield, passes too closely, or turns across a cyclist's path, and California law gives injured cyclists the same right to recover as any other crash victim. Call (949) 325-7790 for a free consultation, available 24/7. No fee unless we win.
Do cyclists have the same rights as drivers in California?
Yes. Under California Vehicle Code 21200, a person riding a bicycle has all the rights and duties of a vehicle driver. Cyclists are not required to stay in a bike lane, and a driver who violates a cyclist's right of way is liable for the resulting injuries.
A common myth, one insurers use, is that cyclists must "hug the curb" or ride only in bike lanes. In fact, Vehicle Code 21202 requires a cyclist moving slower than traffic to ride as far right as practicable, which means as far right as safe, not as far right as possible. The law lists exceptions that apply in most real situations: passing, preparing for a left turn, and avoiding hazards such as debris, parked cars, or a lane too narrow to share safely with a car. When an exception applies, the cyclist may use the full lane.
How is fault determined in a Fullerton bicycle accident?
Fault turns on who failed to use reasonable care. California follows pure comparative negligence, so more than one party can share blame and your compensation is reduced by your percentage of fault, but you can still recover even if you were partly at fault. A driver, another cyclist, or a public entity responsible for a dangerous road can all be liable.
Drivers owe cyclists specific duties under California law:
Three Feet for Safety Act (CVC 21760): a driver passing a cyclist must give at least three feet of clearance, and when three feet is not possible, must slow and pass only when safe.
Right of way (CVC 21200): cyclists have the same right to the road as drivers, including through intersections.
Dooring (CVC 22517): a person must not open a car door into the path of a cyclist.
Dangerous road conditions: a public entity can be liable for a dangerous condition such as a pothole or missing signage, but a claim against a government entity must be filed within six months.
Does not wearing a helmet reduce my bicycle accident claim?
For adults, no. California Vehicle Code 21212 requires helmets only for riders under 18. An adult cyclist's failure to wear a helmet is not a violation and does not bar recovery, though an insurer may argue it affected the severity of a head injury. We push back on that argument with medical evidence.
What compensation can you recover after a bike accident?
An injured cyclist can recover economic damages (current and future medical bills, lost wages, reduced earning capacity, and the cost to repair or replace the bicycle and gear) and non-economic damages (pain and suffering, emotional distress, and loss of enjoyment of life). California places no cap on these general damages in an ordinary injury case.
If a cyclist is killed, close family members can bring a wrongful death claim under Code of Civil Procedure section 377.60 to recover funeral and burial costs, lost financial support, and the loss of the loved one's companionship. Because catastrophic injuries such as traumatic brain and spinal cord injuries often require lifelong care, their claims can be substantial.
What should you do after a bicycle accident?
Call 911 and report the crash, get medical attention even if you feel fine, and if you can, photograph the scene, your bike, and your injuries and collect witness contact information. Do not give a recorded statement to the driver's insurer before speaking with a lawyer.
Two points matter for cyclists specifically. First, head and internal injuries can surface hours later, so prompt medical care protects both your health and the record linking your injuries to the crash. Second, preserve your bike and helmet exactly as they are after the crash; the damage to them is physical evidence of the force involved.
Common Causes of Fullerton Bicycle Accidents
Most bicycle crashes come down to a driver not seeing or not yielding to a cyclist. The most common causes we see include:
Unsafe left turns across a cyclist's path at intersections
Failure to yield the cyclist's right of way
Unsafe passing that violates the three-foot rule
Dooring, opening a car door into a cyclist's path
Distracted or impaired driving
Dangerous road conditions such as potholes or poor bike-lane design
Common Bicycle Accident Injuries
Because a cyclist has little protection in a collision with a vehicle, injuries are often serious:
Traumatic brain injuries and concussions, even when a helmet was worn
Spinal cord injuries, which can cause paralysis
Broken bones and fractures
Soft-tissue injuries, road rash, and lacerations
Internal injuries, which may not be immediately obvious
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 responsible, such as for a dangerous road condition, you may have as little as six months to file a claim, so it is best to speak with a lawyer early.
Why Choose Our Fullerton Bicycle Accident Lawyers
At Cefali & Cefali, we know the cyclist-specific issues other firms miss: the myths about curb-hugging and helmets, the three-foot passing rule, and the physical evidence in a damaged bike. We investigate the crash, work with accident reconstruction and medical experts when needed, handle every conversation with the insurer, and pursue the full value of your claim, and we are ready to take your case to trial if an insurer will not offer a fair amount. We serve cyclists throughout Fullerton and Orange County, including along Harbor Boulevard, State College Boulevard, and near Cal State Fullerton, on a contingency fee basis, so you pay 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.
