FAQ2025-12-18T10:01:52+00:00

FREQUENTLY ASKED QUESTIONS

Why Should I Hire a Bicycle Lawyer?2025-03-03T18:25:33+00:00

Tom is both an experienced cyclist and an experienced personal injury attorney who specializes in cycling law—he understands not just the joys and responsibilities of riding a bike, but also the law as it pertains to fellow cyclists. 

Cyclists are often overlooked or discounted in personal injury cases. The police don’t often understand bike law, motorists often drive without care or respect for cyclists, and insurance companies often look at cyclist claims with suspicion or a lack of understanding of how the California Vehicle Code pertains to bicyclists. Tom is well-versed in cycling law and finds satisfaction in helping fellow cyclists after they’ve been in an accident. 

Hiring a bike lawyer like Tom means that you have someone working on your behalf who not only understands the ins and outs of cycling law, but who will also handle all paperwork and jump through every hoop required to file a case, front the money to hire the appropriate experts, interview all parties involved (including witnesses and the person who hit you), research an appropriate settlement amount, and negotiate with professionals in the insurance industry who are otherwise inclined to whittle your claim down to the smallest amount.

Handling your bike accident through a cycling attorney means that you can focus on recovery and getting your life back in order while someone with decades of experience and a stellar track record fights on your behalf for the best possible settlement.

Do You Only Work on Bike Accident Cases?2025-03-03T18:26:12+00:00

No! While he specializes in cycling law and enjoys helping fellow cyclists, Tom works on all types of personal injury cases including those related to automobile accidents and issues of premises liability. 

Learn more about the kinds of cases that Tom handles on the Our Practice page.

The Insurance Company Offered Me a Settlement—Should I Take It?2025-03-03T18:27:13+00:00

No. The insurance company is never on your side. They likely know that you have a case and are hoping that you’ll settle for the smallest amount of compensation possible before you contact an attorney and realize how much your case is actually worth. 

If you want to protect your rights and ensure that you’re fairly compensated for your injuries, it’s best to work through an experienced bicycle lawyer who will work to get you the largest settlement possible. 

Visit the Results page to see real examples of settlements and awards that Tom has won for cyclists who have been injured in accidents and visit the Testimonials page  to hear straight from satisfied clients.

Will I Speak with a Lawyer if I Call?2025-03-07T01:25:23+00:00

Yes! In fact, Tom himself often answers calls directly. He is committed to being present for and listening to his clients—so much so that he even shares his cell phone number. You can find contact information here.

Can I Sue for My Bicycle Accident?2025-03-03T18:28:29+00:00

Yes. If you or a family member have been injured because of the negligence or fault of another person, you can bring a lawsuit against them to recover damages. You can schedule a free consultation  with Tom to discuss your possible case

How Much Money is My Case Worth?2025-03-03T18:30:21+00:00

Each case is unique; it is hard to give even a ballpark estimate without knowing the facts. A general guideline, however, is that the more serious the injury, the more money a claim is worth. For instance, cases that involve joint or cartilage damage, concussions, or broken bones are generally worth more than cases where the injuries are limited to the soft tissue. This is not to say that a claim is not worth perusing if you don’t have these injuries—many factors, including loss of income, present and future medical expenses, and loss of quality of life can increase the value of a claim. You can view examples of real settlements and awards from some of Tom’s past cases on the Results page.

The best way to find out what your claim is worth is to schedule a free consultation. It will only take about an hour of your time to speak with Tom, and there is no pressure or obligation to hire him after your call.

What Are Your Fees and How Are You Paid?2025-03-07T01:25:55+00:00

Our office works on a “contingency fee” basis, which means that we take a percentage of what we able to recover for you. This means that if there is no recovery, there is no fee, and you will owe nothing for our work on your case.

If we do recover money from the responsible party, our fee is one-third (33.3%) of the gross recovery. If the case goes to litigation, the fee becomes 40% of the gross recovery.

We do not, however, take a fee from the property damage portion of the case. We handle this portion of the claim as a courtesy to our clients. This means that all the money recovered for your bike and other personal items damaged in the accident goes directly to you.

How Much Time Will I Spend on My Case?2025-03-03T18:31:08+00:00

We understand that your time is valuable! We are a full-service firm that handles all details of your case. From filing paperwork to conducting interviews to hiring the appropriate witnesses, our goal is to take care of everything so you can focus on recovery and getting your life back together after your accident.

In many instances, we require not much more than a short initial meeting to review the details of your case. This can be held in our office, at the scene, or in your home if you are unable to leave your house. After that, most cases can be handled over the phone and with minimal interruption to your life.

How Long Will It Take for My Case to Settle?2025-03-03T18:31:28+00:00

Most cases (80%-90%) are settled within six months to one year from the time our office begins work.

Who Could Be Liable for My Injures?2025-03-03T18:32:09+00:00

If the accident was with a vehicle:

Negligent truck, bus or automobile drivers may be responsible. We will file the lawsuit against them, but their insurance company would pay the claim.

This can also include what’s known as “motor vehicle harassment.” Some states have passed laws specifically prohibiting harassment of cyclists, making certain harassing behavior criminal. Harassment can take many forms: shouting, cursing, passing too closely, or throwing objects at a cyclist. If this behavior caused your injury, you may have a case against them.

If you were hurt because of a defective or recalled product, or negligent repair of your bike:

Repair shops that performed faulty repairs or retailers and manufactures of bad parts, accessories, or vehicles (including faulty helmets, pedals, brakes, wheels, etc.) may be responsible. 

If the accident was caused by unsafe conditions:

The city, county, or state that is responsible for maintaining roads and bike paths may be responsible. These governmental bodies could also be responsible if your accident was a result of improper upkeep of public property.

If the accident was caused by the negligent maintenance or upkeep of private property, the owner of that property will be responsible. This includes injuries and damage resulting from dog attacks. In these cases, the owners’ home insurance would pay the claim.

What If I Wasn’t Actually Hit by the Car?2025-03-03T18:32:32+00:00

You may still have a claim. Many times, a cyclist may be injured while taking evasive action to avoid being hit. If the driver of the vehicle, by their actions, caused you to become injured, then they can be held liable. This type of case is more difficult to navigate and will require some investigation of the scene and accident report. If you were injured in this way, without being physically touched by the motorist, it is important that you have an experienced bicycle attorney like Tom, with a deep understanding of both cycling and vehicular law, fight for you every step of the way. 

What if the Other Driver Did Not Have Insurance?2025-03-03T18:33:31+00:00

Many automobile policies will cover you under a personal injury protection rider if you are injured in a bicycle accident or while on foot. 

In addition, it is incredibly important that all cyclists carry uninsured motorist coverage, which will allow you to recover money for your medical bills, along with pain and suffering. This coverage so important, in fact, that Tom wrote an entire explainer on the topic of uninsured motorist coverage for cyclists, which you can read here.

Will A Settlement Cover Damage to My Bike?2025-03-03T18:35:02+00:00

The property damage portion of a bike accident case, which also covers damaged personal items beyond the bike itself, is usually resolved within one to two months from the time the file is opened. Tom handles this portion of the case as a courtesy to his clients and does not collect any fees from the property damage settlement awarded by the insurance company—100% of that money goes to the client. 

What If I Want to Handle My Claim Myself?2025-03-03T18:35:41+00:00

It’s still worth contacting Tom  to discuss your case even if you hope to handle it yourself. In a brief phone conversation, he can offer an estimate of what your claim is worth, so you don’t accept a lowball offer from the insurance company.

Are bike-sharing accidents covered by insurance?2025-12-18T09:29:46+00:00

Often yes — bike-share services and local laws may provide coverage, but check specific terms.

What if a delivery app driver caused my bicycle accident?2025-12-18T09:30:39+00:00

You can claim through their insurance; app companies may have commercial policies.

Can I sue for a bicycle accident involving autonomous vehicles?2025-12-18T09:31:02+00:00

Yes — liability may be against the human operator or manufacturer depending on facts.

What if I was hit by an electric vehicle or e-bike?2025-12-18T09:31:44+00:00

What if I was hit by an electric vehicle or e-bike?

How soon should I call a bicycle accident lawyer after an accident?2025-12-18T09:31:56+00:00

As soon as possible — early involvement helps preserve evidence.

What makes bicycle accident cases different from car accident cases?2025-12-18T09:32:08+00:00

Bicycle cases often involve more nuanced fault issues and bias against riders, and different property damage issues.

Do bicycle accident lawyers offer free consultations?2025-12-18T09:32:21+00:00

Most do, including BicycleAttorney.net.

Why hire a bicycle accident attorney instead of a general personal injury lawyer?2025-12-18T09:32:34+00:00

Specialists understand bike laws, common crash types, and insurer tactics.

How can a local bicycle accident lawyer help my case?2025-12-18T09:32:50+00:00

They know local laws, manage evidence, negotiate with insurers, and build legal strategy.

What documents do I need to start a bicycle accident case?2025-12-18T09:33:03+00:00

Police report, medical records, records of expenses, photos, witness info.

What happens if the driver fled the scene (hit-and-run)?2025-12-18T09:33:18+00:00

Report to police and use uninsured motorist coverage; an attorney can assist.

What is the statute of limitations for bicycle accident cases?2025-12-18T09:33:33+00:00

In California, generally 2 years from the accident for personal injury.

Will my bicycle accident case go to court?2025-12-18T09:33:45+00:00

Many settle, but some go to trial if necessary.

Can I file a claim if I was hit in a bike lane?2025-12-18T09:36:40+00:00

Yes — if negligence can be shown.

Are drivers always at fault in bicycle accidents?2025-12-18T09:36:56+00:00

No — fault is based on who did what; cyclists can share fault.

What if I was hit by a rideshare or delivery driver?2025-12-18T09:37:09+00:00

You can claim against their insurance and possibly the company under certain conditions.

Can a cyclist sue a city for poor road conditions?2025-12-18T09:37:23+00:00

Yes — but special notice rules and deadlines apply for government claims.

Who is at fault in most bicycle accidents?2025-12-18T09:37:35+00:00

Often negligent drivers failing to yield or obey traffic laws.

Do I need medical records to file a bicycle accident claim?2025-12-18T09:37:50+00:00

Yes — they are crucial evidence.

What if I suffered permanent disability from a bicycle accident?2025-12-18T09:38:09+00:00

You can seek compensation for future disability and loss of earning capacity.

Can I file a claim for traumatic brain injury from a bicycle crash?2025-12-18T09:38:20+00:00

Yes — with medical documentation.

What if my injuries appear days after the accident?2025-12-18T09:38:37+00:00

Seek medical care immediately and document complaints — injuries that show later can still be part of your claim.

What are common injuries in bicycle accidents?2025-12-18T09:38:50+00:00

Head trauma, fractures, road rash, soft-tissue injuries.

Head trauma, fractures, road rash, soft-tissue injuries.2025-12-18T09:39:03+00:00

Value depends on injuries, bills, suffering, and fault — an attorney can estimate it.

Can I claim future medical expenses after a bicycle accident?2025-12-18T09:39:14+00:00

Yes — if documented.

Can I get compensation for pain and suffering?2025-12-18T09:39:41+00:00

Yes.

Can I claim medical bills from a bicycle accident?2025-12-18T09:39:57+00:00

Yes.

What compensation can I get after a bicycle accident?2025-12-18T09:40:10+00:00

Medical costs, lost wages, pain and suffering, future care, and property damage.

Can I still recover compensation if I wasn’t wearing a helmet?2025-12-18T09:40:23+00:00

Yes — helmet use affects safety but usually not your ability to recover, unless negligence is argued.

What happens if the insurance company denies my bicycle accident claim?2025-12-18T09:40:35+00:00

An attorney can appeal, negotiate, or file a lawsuit.

Should I talk to the insurance adjuster without a lawyer?2025-12-18T09:40:50+00:00

It’s better to consult a lawyer first; adjusters often seek to minimize payouts.

Will my own auto insurance cover a bicycle accident?2025-12-18T09:41:05+00:00

Uninsured/underinsured motorist coverage on your policy can help.

What if the at-fault driver doesn’t have insurance?2025-12-18T09:41:17+00:00

You may use your uninsured motorist coverage or sue personally.

Can I file a claim against a driver’s insurance after a bike accident?2025-12-18T09:41:28+00:00

Yes — this is the most common route.

What evidence is important after a bicycle accident?2025-12-18T09:41:39+00:00

Photos, police reports, medical records, witness info, and video footage.

Can I sue a driver who hit me while biking?2025-12-18T09:41:51+00:00

Yes — via the at-fault driver’s insurance or a lawsuit if necessary.

How long do I have to file a bicycle accident claim?2025-12-18T09:42:02+00:00

In California, you generally have 2 years for injury claims (but government claims may have shorter deadlines). Consult a lawyer quickly.

What if the bicycle accident was partly my fault?2025-12-18T09:42:15+00:00

California uses comparative negligence — your recovery is reduced by your percentage of fault.

How much does a bicycle accident lawyer cost?2025-12-18T09:42:29+00:00

Usually contingency fee (percentage of recovery), no upfront cost. Typical rates vary by firm.

Do I really need a lawyer for a bicycle accident claim?2025-12-18T09:42:47+00:00

Not always legally required, but attorneys improve recovery and handle insurers.

When should I contact a bicycle accident attorney?2025-12-18T09:42:59+00:00

As soon as possible — ideally right after medical care — so evidence isn’t lost and your rights are protected.

What should I do immediately after a bicycle accident?2025-12-18T09:43:53+00:00

Check safety, call 911, get medical help, record the scene, and preserve evidence.

What documents are required to claim bike insurance?2025-12-18T09:44:06+00:00

Medical records, bills, police report, photos/videos, witness statements, proof of lost income.

What are the 4 phases of the claim process?2025-12-18T09:44:19+00:00

Investigation → demand and negotiation → settlement offer → resolution (settlement or lawsuit).

How to claim insurance after a bike accident?2025-12-18T09:44:31+00:00

Report to your insurer and the at-fault driver’s insurer, submit evidence, medical records, and demand compensation.

What to do after a cycling accident?2025-12-18T09:44:42+00:00

Ensure safety, call emergency services, document scene, gather witness info, and speak with an attorney early.

What to do if you accidentally hit a cyclist?2025-12-18T09:44:55+00:00

Stop, call 911, exchange information, report to police, seek medical help, and notify your insurer.

Is a bicycle considered a vehicle in California?2025-12-18T09:45:16+00:00

Yes — for many traffic laws, bicycles are treated like vehicles and riders must follow vehicle rules.

How are pain and suffering damages calculated in California?2025-12-18T09:45:27+00:00

There’s no fixed formula. Insurers consider injury severity, recovery time, impact on daily life, and permanence of harm.

What’s the difference between a lawyer and an attorney in California?2025-12-18T09:45:39+00:00

No legal difference: both terms refer to a licensed legal professional.

How much should I ask for a settlement?2025-12-18T09:45:54+00:00

Ask for full compensation for medical costs, lost income, property damage, pain and suffering, and future care. A lawyer helps determine an appropriate number.

What is the hardest injury to prove?2025-12-18T09:46:16+00:00

Pain and internal injuries (e.g., soft-tissue trauma, psychological impact) can be harder to quantify without objective medical evidence.

What is the new bicycle law in California?2025-12-18T09:46:28+00:00

California bicycle law updates occasionally. Under CVC, bicycles are allowed on most roadways and must follow traffic rules like vehicles. Local cities may also have specific bike lane ordinances.

How to claim for a bicycle accident?2025-12-18T09:46:41+00:00

Report the crash to police, document injuries, notify insurers, and file a claim with the at-fault party’s insurance. An attorney helps prepare and present your claim.

What is the 80/20 rule in cycling?2025-12-18T09:46:52+00:00

This is a training guideline: ~80 % of training at easy pace and ~20 % at harder effort. Not a legal term.

What is the 3km rule in cycling?2025-12-18T09:47:05+00:00

There is no formal “3 km rule” in legal bicycle law. It might relate to equipment standards or training distance goals — not accident law.

What is the 75 rule in cycling?2025-12-18T09:47:17+00:00

In cycling training, the 75 % rule commonly refers to keeping 75 % of training rides at low intensity. This is a training concept, not a legal rule.

Do you need a license for a bicycle in the USA?2025-12-18T09:47:31+00:00

No, most U.S. states — including California — don’t require a license for bicycles. Riders must obey traffic laws but licensing isn’t required.

How much compensation for a cycling accident?2025-12-18T09:47:44+00:00

Compensation varies widely based on injuries, medical bills, lost income, pain and suffering, and fault. A skilled attorney can estimate value after reviewing your documents. Policy limits also constrain maximum recovery.

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