FREQUENTLY ASKED QUESTIONS
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.
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.
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.
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.
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
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.
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.
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.
Most cases (80%-90%) are settled within six months to one year from the time our office begins work.
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.
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.
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.
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.
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.
Often yes — bike-share services and local laws may provide coverage, but check specific terms.
You can claim through their insurance; app companies may have commercial policies.
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?
As soon as possible — early involvement helps preserve evidence.
Bicycle cases often involve more nuanced fault issues and bias against riders, and different property damage issues.
Most do, including BicycleAttorney.net.
Specialists understand bike laws, common crash types, and insurer tactics.
They know local laws, manage evidence, negotiate with insurers, and build legal strategy.
Police report, medical records, records of expenses, photos, witness info.
Report to police and use uninsured motorist coverage; an attorney can assist.
In California, generally 2 years from the accident for personal injury.
Many settle, but some go to trial if necessary.
Yes — if negligence can be shown.
No — fault is based on who did what; cyclists can share fault.
You can claim against their insurance and possibly the company under certain conditions.
Yes — but special notice rules and deadlines apply for government claims.
Often negligent drivers failing to yield or obey traffic laws.
Yes — they are crucial evidence.
You can seek compensation for future disability and loss of earning capacity.
Yes — with medical documentation.
Seek medical care immediately and document complaints — injuries that show later can still be part of your claim.
Head trauma, fractures, road rash, soft-tissue injuries.
Value depends on injuries, bills, suffering, and fault — an attorney can estimate it.
Yes — if documented.
Medical costs, lost wages, pain and suffering, future care, and property damage.
Yes — helmet use affects safety but usually not your ability to recover, unless negligence is argued.
An attorney can appeal, negotiate, or file a lawsuit.
It’s better to consult a lawyer first; adjusters often seek to minimize payouts.
Uninsured/underinsured motorist coverage on your policy can help.
You may use your uninsured motorist coverage or sue personally.
Yes — this is the most common route.
Photos, police reports, medical records, witness info, and video footage.
Yes — via the at-fault driver’s insurance or a lawsuit if necessary.
In California, you generally have 2 years for injury claims (but government claims may have shorter deadlines). Consult a lawyer quickly.
California uses comparative negligence — your recovery is reduced by your percentage of fault.
Usually contingency fee (percentage of recovery), no upfront cost. Typical rates vary by firm.
Not always legally required, but attorneys improve recovery and handle insurers.
As soon as possible — ideally right after medical care — so evidence isn’t lost and your rights are protected.
Check safety, call 911, get medical help, record the scene, and preserve evidence.
Medical records, bills, police report, photos/videos, witness statements, proof of lost income.
Investigation → demand and negotiation → settlement offer → resolution (settlement or lawsuit).
Report to your insurer and the at-fault driver’s insurer, submit evidence, medical records, and demand compensation.
Ensure safety, call emergency services, document scene, gather witness info, and speak with an attorney early.
Stop, call 911, exchange information, report to police, seek medical help, and notify your insurer.
Yes — for many traffic laws, bicycles are treated like vehicles and riders must follow vehicle rules.
There’s no fixed formula. Insurers consider injury severity, recovery time, impact on daily life, and permanence of harm.
No legal difference: both terms refer to a licensed legal professional.
Ask for full compensation for medical costs, lost income, property damage, pain and suffering, and future care. A lawyer helps determine an appropriate number.
Pain and internal injuries (e.g., soft-tissue trauma, psychological impact) can be harder to quantify without objective medical evidence.
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.
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.
This is a training guideline: ~80 % of training at easy pace and ~20 % at harder effort. Not a legal term.
There is no formal “3 km rule” in legal bicycle law. It might relate to equipment standards or training distance goals — not accident law.
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.
No, most U.S. states — including California — don’t require a license for bicycles. Riders must obey traffic laws but licensing isn’t required.
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.