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.
A cyclist struck by a careless driver in the City of Orange is owed the full cost of the crash by that driver's insurer: treatment, missed paychecks, a new bike and gear, and pain and suffering. In many cases your own auto policy can add coverage on top of theirs, even though you were on a bicycle. The steps you take in the first few weeks, from the police report to what you say to the adjuster, decide how much of that you actually collect.
Cefali & Cefali represents injured cyclists in Orange, Villa Park, and the surrounding communities. Our office is at 27136 Paseo Espada, Suite 1123, San Juan Capistrano, and most Orange clients start with a phone or video meeting. The first consultation is free at (949) 325-7790, and our fee comes only out of money we win for you.
Where Cyclists Get Hurt in Orange
Orange mixes a dense historic downtown, a university, busy commercial corridors, and three freeways, and each of those puts riders in a different kind of danger:
Old Towne and the Plaza. The traffic circle at Chapman Avenue and Glassell Street, angled street parking, and heavy foot traffic make dooring and turning crashes common. Chapman University students and staff ride through this area every day.
Chapman Avenue, Tustin Street, Katella Avenue, and Glassell Street. Multi-lane corridors lined with driveways, where drivers pulling out of shopping centers or turning right across a bike lane hit riders they did not look for.
Freeway interchanges. The 5, 22, 55, and 57 all touch the city. Drivers speeding toward on-ramps on surface streets often merge across a cyclist's path without signaling.
East Chapman Avenue and Santiago Canyon Road. A popular route for road cyclists heading into the canyons, with higher speeds, curves, and narrow shoulders.
The Santiago Creek Bike Trail. A six-mile paved trail linking Grijalva, Yorba, and Hart Parks. Crashes here usually happen where the trail meets street crossings, or involve e-bikes and other trail users.
How Common Are Bicycle Crashes in Orange?
California's Office of Traffic Safety compares cities of similar size. In its 2023 rankings, Orange recorded 38 cyclists killed or injured, placing it 21st out of 62 comparable cities, where 1st is the worst. That is a middle-of-the-pack number, but behind each one is a rider facing months of recovery. You can see the full figures on the OTS crash rankings for Orange.
Who Investigates and Where Injured Riders Are Treated
Unlike many South County cities, Orange runs its own police force. Orange Police Department officers write the report for crashes on surface streets, and CHP takes freeway crashes. Seriously injured riders are often taken to UCI Medical Center in Orange, the county's Level I trauma center, and children may be taken to CHOC, which is also in the city. Ask the officer for the report number at the scene, then see our steps for requesting a crash report.
How Drivers Cause Bicycle Crashes
Most serious bicycle crashes come down to a driver who did not look for a rider or did not give one enough room. The patterns we see most often:
The right hook. A driver overtakes a rider and then cuts right in front of them into a driveway or side street. California expects that driver to move into the bike lane first, within 200 feet of the turn and only once it is clear (Vehicle Code section 21717).
The left cross. An oncoming driver turns left in front of a cyclist, misjudging the rider's speed. Drivers turning left must yield to oncoming traffic under Vehicle Code section 21801.
Dooring. Someone in a parked car swings a door open into a passing rider. Vehicle Code section 22517 bars opening a door into moving traffic unless it is reasonably safe.
Unsafe passing. A driver squeezes past too close or clips the rider with a mirror.
Pulling out of driveways and side streets. Drivers look left for cars and never see a cyclist coming from the right.
Distracted and impaired driving. A driver on a phone or under the influence drifts into the bike lane or shoulder.
Road defects. Potholes, broken pavement, and badly placed grates can throw a rider. If the hazard was on a public street, the agency that maintains it may owe compensation, but only if a claim is filed on its short timeline.
California Bicycle Laws That Affect Your Claim
Insurance adjusters often look for a traffic rule the cyclist broke so they can shift blame. Knowing the rules that protect you helps you push back:
Passing distance.Vehicle Code section 21760 sets a three-foot minimum gap for a car overtaking a bike, and a 2023 amendment added that a driver with a free adjacent lane has to move over into it to pass.
Your place on the road. Slower riders generally keep right under Vehicle Code section 21202, yet the same law lets you use the full lane to avoid hazards, prepare for a left turn, or when the lane is too narrow to share safely.
Pedestrian signals. Since 2023, cyclists may also cross on a pedestrian walk signal, which matters in intersection crashes.
Lights at night. After dark, a bike needs a white headlight, a red reflector or light at the back, and reflectors on the pedals and sides (Vehicle Code section 21201).
Helmets. Riders under 18 must wear one under Vehicle Code section 21212. Adults on regular bicycles are not required to. Riding without one never shifts the blame for the crash itself, although the defense may claim a helmet would have lessened a head injury.
E-bikes. California recognizes three e-bike classes. Class 3 riders must wear a helmet under Vehicle Code section 21213. E-bike riders have the same right to compensation when a driver is at fault.
Even if you broke a rule, you can still recover. Under the pure comparative fault rule the state Supreme Court adopted in Li v. Yellow Cab Co. (1975), a rider found 10% responsible still collects 90% of the damages. Read more about how comparative fault is calculated, or about suing a driver for a bike lane violation.
Injuries From Bicycle Crashes
A cyclist absorbs the full force of a collision. The injuries we see most often are traumatic brain injuries and concussions, broken collarbones, wrists, and hips, facial and dental injuries, spinal cord injuries, and severe road rash that can leave permanent scarring. Some injuries, especially to the brain and internal organs, are not obvious for hours or days, and a same-day medical record is also the best answer to an adjuster who later says the injury came from something else.
When a crash is fatal, the rider's family may bring a wrongful death claim. Our Orange wrongful death attorney page explains who can file and what can be recovered.
Who Pays After a Bicycle Accident
Many cyclists do not realize how many insurance policies can apply after a crash:
The driver's liability insurance. This is the main source of compensation. California's minimum is $30,000 per person, which a serious bicycle injury can quickly exceed.
Your own uninsured and underinsured motorist coverage. If you have a car insurance policy, its UM and UIM coverage generally protects you as a cyclist too. It pays when the driver has no insurance, too little, or fled the scene.
Medical payments coverage. MedPay on your auto policy may pay medical bills right away, regardless of fault.
Health insurance. Covers treatment while the claim is pending, and may seek repayment from the settlement.
Hit-and-run victims need to move fast to keep uninsured motorist benefits: a police report inside 24 hours and written notice to the insurer inside 30 days, as Insurance Code section 11580.2 requires. Our guide on how to claim insurance after a bike accident walks through the process step by step.
Your First Steps After Being Hit on a Bike
Call 911 and get checked. Let paramedics look you over, and follow up with your own doctor or urgent care that day.
Stay at the scene if you can. Get the driver's name, license, plate, and insurance, and the names and numbers of witnesses.
Photograph everything. Your bike, helmet, the car, its plate, your injuries, the road, and the location of any bike lane or traffic signal.
Keep your bike and gear as they are. Do not repair or throw away a damaged bike, helmet, or clothing. They are evidence.
Look for cameras. Note any businesses, homes, or buses nearby that may have video, which is often erased within days.
Hold off on talking to the driver's insurer. Their adjuster is gathering statements to use against your claim, so get legal advice before any recorded call.
Deadlines for Bicycle Accident Claims
California gives injured cyclists two years to sue the at-fault driver (Code of Civil Procedure section 335.1). The clock is far shorter when the City of Orange, the county, or Caltrans is to blame, for example over a broken street or a city vehicle: the agency must receive a formal claim, generally within six months after the crash (Government Code section 911.2). Miss it and the claim against the agency is usually lost.
Frequently Asked Questions
Does my car insurance cover me if I was hit while riding a bike?
Often, yes. Uninsured and underinsured motorist coverage and MedPay on your auto policy usually follow you as a cyclist, so they can pay when the driver has little or no insurance.
Does riding without a helmet hurt my case?
Usually not much. California does not require adults on standard bikes to wear one, and a missing helmet does not make the driver less at fault. At most, the defense may try to trim the head injury portion of the damages.
What if the driver says I came out of nowhere?
That is one of the most common defenses in bicycle cases. Witness statements, video, the damage to the bike and car, and the scene layout usually show what really happened. California also lets you recover even if you share some fault.
What if the driver drove off?
Get a police report on file the same day and tell your own auto insurer in writing within 30 days. If the driver is never identified, your uninsured motorist benefits can still cover the injuries.
What is the deadline to bring a bicycle injury case?
Two years from the crash for a lawsuit against a driver. Claims involving a city, county, or state agency have a six-month window.
Talk to an Orange Bicycle Accident Lawyer
A bicycle claim moves fastest when the evidence is gathered early and the insurance coverage is sorted out before you talk to an adjuster. Talk with a member of our legal team at (949) 325-7790, or use the online form; the first review of your case costs nothing.
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.
